There shall be a Personnel Board consisting of five qualified voters of the County. Members of the Personnel Board shall be appointed by the County Executive for terms coterminous with the County Executive and confirmed by the Council. Vacancies shall be filled for the unexpired term in the manner of original appointment. Each member shall serve until their successor is appointed and qualified. A member of the Board may be removed only for cause by the County Executive, subject to approval by the Council. The County Executive shall designate a member of the Board as chair.

The Personnel Board shall have the power and the duty: (1) to recommend to the Council rules and regulations which shall have the force of law upon adoption by the Council; (2) to hear appeals from employees in the classified service concerning any action of the Personnel Officer or the appointing authority of the employee, except that the Personnel Board shall not grant relief to employees covered by a collective bargaining agreement authorized by Section 908 of this Charter where that collective bargaining agreement contains a procedure which can provide a remedy to the employee. After a hearing, which shall be public if so requested by the aggrieved employee, the Personnel Board may issue such order as it finds proper by the facts presented in the case. All data pertinent to the decision shall be subject to the scrutiny of the aggrieved party or their attorney; (3) to hear and decide for the County appeals from employees concerning any action pertaining to the methods of examination, certification, or preparation of eligibility lists for appointment or promotion; (4) to advise and consult, as appropriate, with County officials on matters concerning the administration of the County career service and personnel rules and regulations and to report to the County Executive and the Council on the operation of the personnel system; and (5) to carry out such other functions as may be assigned by law. In case of any appeal to the Personnel Board, its decision shall be final on all parties concerned and may not be appealed to any other administrative board. Any person aggrieved by a final decision of the Personnel Board may, within thirty calendar days, appeal a decision to the Circuit Court of Prince George's County. Such appeal shall be limited to errors of jurisdiction, errors of law, and clear abuse of discretion by the Personnel Board.

In order that County employees may participate in the formulation and implementation of personnel policies affecting their employment, they shall have the right to organize and bargain collectively through representatives of their own choosing, subject to any procedural regulations that the Council shall provide by law. The Council shall provide by law a labor code for County employees, which shall include: (1) the manner of establishing units appropriate for collective bargaining; (2) the manner of designating or selecting bargaining representatives; and (3) definitions of and remedies for unfair labor practices. In order to prevent strikes, job actions, and other disruptions that might impede the protection of the public health, safety, and general welfare, the County Executive shall immediately submit to binding arbitration any disputed issues including but not limited to wages and terms and conditions of employment arising out of the negotiation of a collective bargaining agreement with a representative of County Protective Service Employees which has not successfully been negotiated by March 1 of the year in which any existing agreement expires unless an extension is mutually agreed upon. "Protective Service Employees" shall be defined as sworn police officers, uniformed firefighters, correctional officers and deputy sheriffs. The disputed issues shall be submitted to the American Arbitration Association and arbitrated pursuant to the rules of the American Arbitration Association. The arbitration hearing shall be concluded and decision rendered within ninety days of the submission of arbitration unless otherwise ordered by the arbitrator. The decision of this mandatory arbitration shall be binding upon the County and the Protective Service Employees. The County Executive is authorized to submit to binding arbitration any disputes arising out of the interpretation of, or the application of, any collective bargaining agreement with the representative of County employees. Nothing herein shall be deemed to authorize a strike by any County employee or employees engaged in duties directly affecting the public safety.

All County employees may participate or refrain from participating in partisan political activity. County employees shall not engage in partisan political activity during their hours of employment.

The Council shall prescribe by law a code of ethics, and provide for the enforcement and penalties for violations thereof, covering all elected and appointed officers and employees of the County paid in whole or in part from County funds, and including persons appointed to serve on boards and commissions established by law. The code of ethics shall provide for the regulation of ex parte communications and for the disqualification of any person participating in the decision process, if there is a conflict between their official duties and their private interests. The code of ethics shall also provide for the establishment of a five-member board to administer the code. Members of such board, to be known as the Board of Ethics, shall be appointed by the County Executive and confirmed by the Council for staggered terms. A member of the board can only be removed by the County Executive subject to approval by the Council. Not more than three members of the Board shall be members of the same political party.

No officer or employee of the County, whether elected or appointed, shall in any manner whatsoever be interested in, or receive any benefit from, the profits or emoluments of any contract, job, work, or service for the County. No such officer or employee shall accept any service or thing of value, directly or indirectly, upon more favorable terms than those granted to the public generally, from any person, firm, or corporation having dealings with the County; nor shall they receive, directly or indirectly, any part of any fee, commission, or other compensation paid or payable by the County, or by any person in connection with any dealings with the County, or by any person in connection with any dealings or proceedings before any agency of the County government. No such officer or employee shall directly or indirectly be the broker or agent who procures or receives any compensation in connection with the procurement of any type of bonds for County officers, employees, persons, or firms doing business with the County. No such officer or employee shall solicit any compensation or gratuity in the form of money or otherwise for any act or omission in the course of their public work, except as provided by law or interstate compact; provided that the head of any department or board of the County may permit an employee to receive a reward publicly offered and paid for the accomplishment of a particular task. The provisions of this Section shall be broadly construed and strictly enforced for the purpose of preventing officers and employees from securing any pecuniary advantages, however indirect, from their public associations, other than their compensation provided by law. In order to guard against injustice, the Board of Ethics may, by resolution, specifically authorize any County officer or employee to own stock in any corporation or to maintain a business in connection with any person, firm, or corporation dealing with the County, if, on full public disclosure of all pertinent facts to the Board of Ethics by such officer or employee, the Board of Ethics shall determine that such stock ownership or connection does not violate the public interest. Any officer or employee of the County who willfully violates any of the provisions of this Section shall forfeit their office. If any person shall offer, pay, refund, or rebate any part of any fee, commission, or other form of compensation to any officer or employee of the County in connection with any County business or proceeding, they shall, on conviction, be punishable by imprisonment for not less than one or more than six months or a fine of not less than $100.00 or more than $1,000.00, or both. Any contract made in violation of this Section may be declared void by the County Executive or by resolution of the Council. The penalties in this Section shall be in addition to all other penalties provided by law.

No officer or employee of the County, elected or appointed, shall compel any other officer or employee of the County to do or perform any private service or work outside of their public office or employment.

No officer or employee of the County, elected or appointed, whose compensation is fixed, in whole or in part, by this Charter, the laws of the County, or its personnel regulations, shall be entitled to any other compensation from the County for performance of public duties, except expenses for travel and subsistence incident to the performance of their official duties as prescribed by law.

The Council shall not appropriate or approve any funds for any agency which receives or disburses County funds, other than for the immediate staff of the County Executive and the Council, to be used for the purpose of securing the passage or defeat of any legislation. No officer appointed by the County Executive or by the Council may, in their official capacity, recommend or request the passage or defeat of any legislation without the express prior approval of the County Executive or of the Council. Nothing herein shall preclude any officer or employee from providing public data or information in response to any official inquiry or making any recommendation required by law. Every officer or employee shall provide public data or information to the Council in response to an official inquiry or when making any recommendation required by law.

Except as required by State law or the terms of any certificate of indebtedness outstanding on the effective date of this Charter, the Council shall have no power to levy any ad valorem tax on real or personal property for the benefit of any particular agency which receives or disburses County funds. Any ad valorem tax on real or personal property, with the aforementioned exceptions, shall accrue only to the general fund of the County.

Officers of the executive branch who have possession of or control over any funds of the County shall be bonded for the faithful performance of their duties in such sum as may be fixed and with sureties to be approved by the Council on recommendation of the County Executive. Surety bond premiums shall be paid by the County.

The Council shall designate one or more County newspapers of record and shall designate two or more primary sources of County maintained electronic media available to the public for the publication and transmission of official County notices. Such designation shall be for at least one year and shall, insofar as possible, provide County-wide access. At least four weeks' public notice shall be given prior to any change in newspapers of record. Where a newspaper of record is sold to or merged with another newspaper, the designation shall continue in the new newspaper if circulation is continued to the previous subscribers, unless the designation is declined by the paper. Where the circulation of a newspaper of record is not continued, or the designation is declined, for any reason, the County Council may designate another newspaper of record without public notice for a temporary or permanent period.

The Council shall provide by law a system for establishing prevailing hours and wages for all contractors and subcontractors performing work for the County government. Said law shall establish a Wage Determination Board of the purpose of administering the provisions thereof. Said board shall be composed, in part, of representatives of industry and labor.

The Council shall adopt a County Seal. The Seal shall contain the corporate name of the County and such other information or insignia as the Council may determine. The County Executive, the Chief Administrative Officer, the Clerk of the Council, and such other officers as may be specified by law shall have power to attest to the County Seal.

The Council shall provide for the custody and safekeeping of all deeds, bonds, contracts, releases, and other papers and instruments involving the interests of the County.

The Council shall have the power to administer oaths, to compel the attendance of witnesses, and to require the production of records and other materials in connection with any investigation, inquiry, or hearing authorized by law or by this Charter. The Council may delegate its powers recited herein.

The failure to mention a particular power to enumerate similar powers in this Charter shall not be construed to exclude such powers or to restrict the authority that the County would have if the particular power were mentioned or the similar powers enumerated. The Charter shall be liberally construed to the end that, within the limits imposed by the Charter and by the Constitution and laws of the State, the County shall have all powers necessary for the conduct of its affairs.

If any article, section, subsection, sentence, clause, or phrase of this Charter shall be held unconstitutional, invalid, or inapplicable to any person or circumstance, then it is intended and declared by the people of the County that all other articles, sections, subsections, sentences, clauses, or phrases of the Charter and their application to all other persons and circumstances shall be separable and shall not be affected by any such decision.

This Charter shall be known and may be cited as "The Prince George's County Charter."

As used in this Charter or the schedule of legislation attached hereto: The word "bill" shall mean any measure introduced in the Council for legislative action. The words "act," "ordinance," "public local law," and "legislative act," when used in connection with any action by the Council, shall be synonymous and shall mean any bill enacted in the manner and form provided in this Charter. The word "resolution" shall mean a measure adopted by the Council having the force and effect of law but of a temporary or administrative character. The word "law" shall be construed as including all acts, public local laws, ordinances, and other legislative acts of the Council, all ordinances and resolutions of the County Commissioners not hereby or hereafter amended or repealed, and all public general laws and public local laws of the General Assembly in effect from time to time after the adoption of this Charter, whenever such construction would be reasonable. The words "enact," "enacted," or "enactment," when used in connection with the legislative acts of the Council, shall mean the action by the Council in approving any item of legislative business prior to its submission to the County Executive for their approval or veto. The word "State" shall mean the State of Maryland. The words "State law" shall mean all laws or portions of law enacted by the General Assembly of Maryland which may not be repealed by the Council after the effective date of this Charter. The word "shall" shall be construed as mandatory and the word "may" shall be construed as permissive. The word "person" shall include the words "individual," "corporation," "partnership," and "association" unless such a construction would be unreasonable. The word "officer" shall include the word "council member." The words "County Executive" shall be construed as meaning the chief executive officer of the County and the elected Executive Officer mentioned in Section 3, Article XI-A of the Constitution of Maryland. All references in this Charter shall be gender neutral. The word "agency" when used to designate a subordinate element of government shall be construed as including all offices, departments, institutions, boards, commissions, and corporations of the County government and, when so specified, all other offices, departments, institutions, boards, commissions, and corporations which receive or disburse County funds. The words "administrative officers" as used in Section 313 of this Charter shall mean the head of any agency which receives or disburses County funds. When computing a period of time in days, the day of the event shall not be included in the computation, but the last day shall be included in the determination. Unless the words "calendar days" are used, Saturdays, Sundays, and holidays observed by the County shall not be included. The words "qualified voter," wherever they appear in this Charter, shall mean "registered voter."

This Charter shall become effective on the thirtieth day following its adoption, except as otherwise specifically provided in the Transitional Provisions (Article XII) of this Charter.

The Public Local Laws of Prince George's County and all rules, regulations, resolutions, and ordinances of the County Commissioners in force at the time of the effective date of this Charter are hereby repealed to the extent that they are inconsistent with the provisions of this Charter, but no further; and to the extent that they are not hereby repealed because of such inconsistency, all such public local laws, rules, regulations, resolutions, and ordinances shall continue in full force and effect until repealed and amended.

All appointed officers and employees of the County government holding office at the effective date of this Charter, except the officers holding the offices specifically abolished by this Charter, shall continue to be employed at their existing compensation subject to the provisions of this Charter.

All references in the Constitution and the laws of this State to the County Commissioners shall, at such time as the elected members of the first Council and the first County Executive take office, be construed to refer to the Council and to the County Executive whenever such construction would be reasonable. The Council and the County Executive shall succeed to all powers vested heretofore in the County Commissioners by the Constitution and laws of this State. Whenever any State law imposes upon the Board of County Commissioners the responsibility of making a recommendation to the Governor of Maryland or to any other official not established by this Charter concerning the appointment of any person, such responsibility shall devolve upon the County Executive.

Amendments to this Charter may be proposed by an act of the Council approved by not less than two-thirds of the members of the full Council, and such action shall be exempt from executive veto. Amendments may also be proposed by petition filed with the County Executive and signed by 10,000 registered voters of the County. When so proposed, whether by act of the Council or by petition, the question shall be submitted to the voters of the County at the next general election occurring after the passage of said act or the filing of said petition; and if at said election the majority of votes cast on the question shall be in favor of the proposed amendment, such amendment shall stand adopted from and after the thirtieth day following said election. Any amendments to this Charter, proposed in the manner aforesaid, shall be published by the County Executive in the County newspapers of record and in media for public notice as defined in Section 1008 of this Charter for five successive weeks prior to the election at which the question shall be considered by the voters of the County.

Establishing not later than one year prior to the beginning of each fourth year of a term, the County Council and the County Executive shall appoint, by resolution, a Charter Review Commission for the purpose of undertaking a comprehensive study of the Charter and recommending changes, where appropriate. The Charter Review Commission shall commence its work at the discretion of the Chair of the Commission.

The laws embraced in this and the following Subtitles and Sections shall constitute and be designated as "Article 17 of the Code of Public Local Laws of Maryland" and as "The Prince George's County Code" and may be so cited. The Code may also be cited as the "County Code" or in the provisions which follow, as "This Code."

In the construction of this Code and all ordinances the following rules of construction and definitions shall be observed unless inconsistent with the manifest intent of the Council or the context clearly requires otherwise: Administrative regulations shall mean written orders which are issued by the County Executive or Chief Administrative Officer of the County and compiled in a manual. And/or shall mean and may read or and or may be read and if the sense requires it. Charter shall mean the Prince George's County Charter adopted by referendum, November 3, 1970, as amended. Clerk shall mean the Clerk of the Council. Council shall mean the legislative branch of the County government, the County Council. County shall mean Prince George's County, Maryland. County limits shall mean within the County and includes not only the corporate limits of the County, but also any property which it owns or which is under its jurisdiction. Day shall mean the period of time between any midnight and the midnight following. Daytime shall mean the period of time between sunrise and sunset. Definitions given within a Subtitle or Division shall apply only to words or phrases used in such Subtitle or Division unless otherwise provided. Designee, following the use of the title of an official of the County, shall mean the authorized agent, employee, or representative of such official. Director means the chief executive officer of the Office or Department to which the particular Division, Bureau, Board, Agency, or subordinate municipal administrative body has been assigned by the County Executive. Gender: Words in any Section importing the masculine gender shall include the feminine and neuter as well as the masculine. Health Officer means the head of the Health Department or any person designated to perform the County health functions and duties. Laws mean and include all acts, public local laws, ordinances, resolutions, and other legislative acts of the Council, and all public general and public local laws of the General Assembly of the State. May: The word may is permissive and discretionary. Month means a calendar month. Nighttime shall mean the period of time between sunset and sunrise. Number: Words used in the singular include the plural and the plural includes the singular. Oath means any form of attestation by which a person signifies that he is bound in conscience to perform an act or to speak faithfully and truthfully, and includes an affirmation or declaration in cases where by law an affirmation may be substituted for an oath. Occupant means tenant or person in actual possession. Operate means set up, carry on, keep, conduct, maintain, manage, direct, or superintend. Owner means one who has complete dominion over particular property and who is the one in whom legal or equitable title rests; when applied to a building or land, owner means any part owner, joint owner, owner of a community or partnership interest, life tenant, tenant in common, tenant by the entireties, or joint tenant of the whole or part of such building or land. Person means any individual, natural person, legal entity, joint stock company, partnership, voluntary association, society, club, firm, company, corporation, business trust, organization, owner, occupant, or any other group acting as a unit, principal or agent, or the manager, lessor, lessee, agent, servant, partner, member, director, officer, or employee of any of them including an executor, administrator, trustee, receiver, or other representative appointed according to law. Personal Property means any money, goods, movable chattels, things in action, evidence of debt, all objects and rights which are capable of ownership, and every other species of property except real property. Place open to the public means any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment, regardless of whether a charge for admission or entry is made. Preceding and following mean next before and next after, respectively. Public local laws mean and include all acts, ordinances, and legislative acts of the Council. Public place means any park, lake, stream, stadium, athletic field, playground, school yard, street, avenue, plaza, square, bus, train or railroad depot, station, terminal, cemetery, open space adjacent thereto, or any other place commonly open to the public. Real Property means land, together with all things attached to the land so as to become a part thereof. Shall; must: The words shall or must are mandatory. Sidewalk means that portion of a street between the curb line and the adjacent property along the margin of a street or other highway, designed, constructed, and intended for the use of pedestrians to the exclusion of vehicles. Signature and subscription mean the name of a person, mark, or symbol appended by him to a writing with intent to authenticate the instrument as one made or put into effect by him. State means the State of Maryland. Street means all streets, highways, avenues, boulevards, parkways, roads, lanes, viaducts, bridges and the approaches thereto, docks built on the public street, alleys, courts, places, squares, curbs, sidewalks, recreation and park lands used for vehicular traffic, or other public ways or thoroughfares in the County, over which it has jurisdiction, which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State. Tenant means any person occupying the premises, building, or land of another in subordination to such other person's title and with his express or implied assent, whether he occupies the whole or part of those premises, building or land, whether alone or with others. Tense: Words used in the past or present tense include the future, past, and present where applicable unless the context clearly indicates otherwise. Time means an hour of the day according to the official time of the County. Time computation: In computing any period of time prescribed by this Code or by any applicable law, the day of the act, event, or default, after which the designated period of time begins to run, is not to be included. The last day of the period so computed is to be included unless: It is a Sunday or a legal holiday, in which event the period runs until the end of the next day, which is neither a Sunday nor a legal holiday; or The act to be done is the filing of some paper in court or County office and the offices on the last day of the period are not open, or are closed for a part of a day, in which event the period runs until the end of the next day which is neither a Sunday, Saturday, a legal holiday, or a day on which the offices are not open the entire day during ordinary business hours. When the period of time allowed is more than seven (7) days, intermediate Sundays and legal holidays shall be considered as other days; but if the period of time allowed is seven (7) days or less, intermediate Sundays, Saturdays, and legal holidays shall not be counted in computing the period of time. Week means seven (7) days. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and others that have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such meaning. Writing and written means any representation of words, letters, or figures, whether by printing or otherwise, capable of comprehension by ordinary visual means. Year means a calendar year, unless otherwise stated.

This Code is a revision and codification of the laws of the County of Prince George's which have been enacted and published in accordance with the authority granted in Section 321 of the Charter and pursuant to the Express Powers Act, Article 25A of the Annotated Code of Maryland.

This Code shall refer only to the commission or omission of acts within the territorial limits of the County and to that territory inside and outside of this County over which the County has jurisdiction or control by virtue of any Constitutional or Charter provisions, or any law.

Notwithstanding the provisions of any previous law, the boundary line between Prince George's and Montgomery County is defined and established by the following metes, bounds, and coordinates: Beginning at a point on the District of Columbia Line, where formerly stood a stone established to mark the point common to Montgomery and Prince George's Counties by a survey of the county line in 1868 to 1872, said point having been reestablished by this survey from reference notes recorded by the District of Columbia Surveyor prior to the removal of the stone during the reconstruction of Eastern Avenue in 1947 and 1948, said point now being marked by a brass screw cemented in a two-inch iron pipe standing two inches above the macadam and at the base of a concrete retaining wall on the northeast side of Eastern Avenue approximately thirty-six (36) feet northwest of the southeast end of said retaining wall, with coordinates of the beginning point of North 413,898.60 and East 797,723.97, and running thence with the County line, as now determined, N 30 o 06' 02" E (north thirty degrees six minutes two seconds east) for 17,351.72 (seventeen thousand three hundred fifty-one and seventy-two one hundredths) feet to a granite stone marked "M.C.P.G. 1872" and with coordinates of N 428,910.38 and E 806,426.19 established by the 1868-72 survey and set flush with the ground on the northeasterly side of Mt. Pisgah Road; Thence N 29 o 59' 05" E (north twenty-nine degrees fifty-nine minutes five seconds east) for 38,363.53 (thirty-eight thousand three hundred sixty-three and fifty-three one hundredths) feet to the outline of part of a conveyance from Theodore B. Siehler and Bessie M. Siehler, his wife, and Eugene Dustin and Goldie M. Dustin, his wife, to Martin C. Darnall and Mildred T. Darnall, his wife, by a deed dated the 2nd of May 1950 and recorded among the land records of Prince George's County, Maryland, in Liber 1227 at Folio 389; Thence N 49 o 29' 11" W (north forty degrees twenty-nine minutes eleven seconds west) for 271.84 (two hundred seventy-one and eighty-four one hundredths) feet to an iron pipe (pin) previously set; Thence N 48 o 0' 29" E (north forty-eight degrees zero minutes twenty-nine seconds east) for 383.09 (three hundred eighty-three and nine one hundredths) feet to an iron pipe (pin) previously set; Thence S 23 o 3' 08" E (south twenty-three degrees thirteen minutes eight seconds east) for 171.93 (one hundred seventy-one and ninety-three one hundredths) feet to a point on the Montgomery County and Prince George's County line, said point being 39.73 (thirty-nine and seventy-three one hundredths) feet from an iron pipe (pin) previously set opposite Station 92 + 50.00 as shown on State Roads Commission Plat 46592; Thence leaving said outline of the M. C. and M. T. Darnall property and with the Montgomery County and Prince George's County line N 29 o 9' 05" E (north twenty-nine degrees fifty-nine minutes five seconds east) for 89.55 (eighty-nine and fifty-five one hundredths) feet to a granite stone established by the 1868-72 survey and with coordinates of N 462,521.90 and E 825,819.86, marked "M.C.P.G. 1872" standing about two feet above ground and on the northerly side of Sandy Spring Road (State Route 198), and about 1,056 feet westerly from the centerline of Gunpowder Road; Thence N 19 o 2' 18" E (north nineteen degrees twenty-two minutes eighteen seconds east) 4,405.13 (four thousand four hundred five and thirteen hundredths) feet to an iron pipe with coordinates of North 466,677.64 and East 827,281.01 on the easterly side of Riding Stable or Brooklyn Bridge Road at or near the westerly corner of the C. Shamel property as per deed recorded among the Land Records of Prince George's County in Liber 1043 at Folio 206; Thence N 40 o 0' 20" W (north forty degrees no minutes twenty seconds west) 1666.58 (sixteen hundred sixty-six and fifty-eight hundredths) feet to a point with coordinates of North 467,954.22 and East 826,209.63 at the end of the fourth line of a conveyance from James W. Smith, et ux., to the Washington Suburban Sanitary Commission by a deed dated the 6th day of January 1953, and recorded among the land records of Montgomery County, Maryland, in Liber 1753 at Folio 89, thence with said fourth line reversed N 54 o 9' 39" E (north fifty-four degrees nineteen minutes thirty-nine seconds east) 622.40 (six hundred twenty-two and forty hundredths) feet to a concrete monument with coordinates of North 468,317.17 and East 826,715.25 at the southwest corner of a conveyance from Thomas I. Burton, et ux., to the Washington Suburban Sanitary Commission by a deed dated the 25th day of July 1950, and recorded among the Land Records of Montgomery County, Maryland, in Liber 1412 at Folio 395; Thence with the last line of said deed N 54 o 9' 39" (north fifty-four degrees nineteen minutes thirty-nine seconds east) 683.61 (six hundred eighty-three and sixty-one hundredths) feet to a concrete monument with coordinates of North 468,715.81 and East 827,270.58 at the end thereof; Thence with the full length of the first line of said deed and in extension thereof through parcel one of a conveyance from Norman C. Dustin to the Washington Suburban Sanitary Commission by a deed dated the 19th day of October 1950 and recorded among the Land Records of Montgomery County in Liber 1448 at Folio 106, N 55 o 5' 10" E (north 55 degrees twenty-five minutes ten seconds east) 292.35 (two hundred ninety-two and thirty-five hundredths) feet to a point with coordinates of North 468,881.74 and East 827,511.28; Thence N 31 o 9' 50" W (north thirty-one degrees nine minutes fifty seconds west) 313.40 (three hundred thirteen and forty hundredths) feet to a concrete monument with coordinates of North 469,149.92 and East 827,349.10 at or near the southwest corner of a conveyance by L. Marshall Cuvillier, Jr., et ux., to the Washington Suburban Sanitary Commission by a deed dated the 16th day of February 1951, recorded among the Land Records of Montgomery County in Liber 1497 at Folio 117; Thence N 58 o 0' 10" E (north fifty-eight degrees fifty minutes ten seconds east) 489.99 (four hundred eighty-nine and ninety-nine hundredths) feet, to a point with coordinates of North 469,403.48 and East 827,768.38; thence S 31 o 9' 50" E (south thirty-one degrees nine minutes fifty seconds east) 399.44 (three hundred ninety-nine and forty-four hundredths) feet to a point on a concrete monument with coordinates of North 469,061.68 and East 827,975.09 at or near the southwest corner of a tract of land conveyed by Howard B. Shipley, et ux., to the Washington Suburban Sanitary Commission by a deed dated the 22nd day of May 1952 and recorded among the Land Records of Montgomery County, in Liber 1672 at Folio 201; Thence with the fifth line of said deed N 68 o 1' 20" E (north sixty-eight degrees forty-one minutes twenty seconds east) 466.97 (four hundred sixty-six and ninety-seven hundredths) feet to a concrete monument at the end thereof with coordinates of North 469,231.40 and East 828,410.13; Thence with the southerly line of a tract of land conveyed by Richard D. Boyle to the Washington Suburban Sanitary Commission by a deed dated the 17th day of July 1951, and recorded among the Land Records of Montgomery County in Liber 1782 at Folio 469, for the full length thereof and passing over a concrete monument at the southeast corner of said tract and continuing with the southerly line of a tract of land conveyed by Gilmer B. Randolph, et ux., to the Washington Suburban Sanitary Commission by a deed dated the 26th day of March 1952 and recorded among the Land Records of Montgomery County in Liber 1663 at Folio 457, N 64 o 6' 30" E (north sixty-four degrees twenty-six minutes thirty seconds east) 1680.37 (sixteen hundred eighty and thirty-seven hundredths) feet to a point with coordinates of North 469,956.35 and East 829,926.06; Thence so as to include a part of Parcel "A" conveyed by Chester F. Naumowicz, Jr. to the Washington Suburban Sanitary Commission by a deed dated the 7th day of March 1952 and recorded among the Land Records of Montgomery County, in Liber 1644 at Folio 293, N 22 o 7' 57" E (north twenty-two degrees seventeen minutes fifty-seven seconds east) 961.88 (nine hundred sixty-one and eighty-eight hundredths) feet to a point with coordinates of North 470,846.30 and East 830,291.04, said point being about six-tenths of a foot southwest of a fence corner; Thence N 64 o 8' 00" E (north sixty-four degrees eight minutes no seconds east) 509.38 (five hundred nine and thirty-eight hundredths) feet to the end of the third line in said deed at a point with coordinates of North 471,068.53 and East 830,749.39, said point being 9866.36 feet N 29 o 8' 32" E from a granite stone marked "M.C.P.G. 1872," standing about two feet above ground on the northerly side of the Sandy Spring Road (State Route 198); Then crossing said conveyance from Naumowicz to the Washington Suburban Sanitary Commission N 29 o 8' 30" E (north twenty-nine degrees fifty-eight minutes thirty seconds east) 2085.80 (two thousand eighty-five and eighty hundredths) feet to a point with coordinates of North 472,875.34 and East 831,791.50 at the end of the 17th (seventeenth) line of said deed recorded among the Land Records of Montgomery County in Liber 1644 at Folio 293, said point having been in the centerline of the channel of the Patuxent River as established prior to the flooding of said river by the construction of the Rocky Gorge Reservoir.

The official County flag shall be a three (3) feet by five (5) feet flag of white, divided in equal quadrants by four (4) inch stripes of red and containing in its upper left quadrant the official seal of the County as adopted by the Board of Commissioners on November 25, 1958.

The County Executive shall establish criteria for the lowering of flags at County facilities upon the death of governmental officials and County employees killed in the line of duty.

There is a flag protocol in Prince George's County, Maryland, pertaining to the display and use of the flag of the United States of America, for the use of such civilians, civilian groups, or organizations as may not be required to conform with regulations promulgated by one or more executive departments of the Government of the United States, in accordance with Title 36, Sections 173 through 179, of the United States Code. Rules and customs codified pursuant to Title 36 of the United State Code which pertain to the display and use of the United States flag, incorporated herein, are directory in nature. Unless otherwise indicated herein, as referenced in Sections 1-106.03 through 1-106.07, flag shall mean the flag of the United States of America.

Displays on buildings and stationary flagstaffs in open; night display. It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed twenty-four (24) hours a day if properly illuminated during the hours of darkness. Manner of hoisting. The flag should be hoisted briskly and lowered ceremoniously. Inclement weather. The flag should not be displayed on days when the weather is inclement, except when an all-weather flag is displayed. Particular days of display. The flag should be displayed on all days, especially on New Year's Day, January 1; Inauguration Day, January 20; Lincoln's Birthday, February 12; Washington's Birthday, third Monday in February; Easter Sunday (variable); Mother's Day, second Sunday in May; Armed Forces Day, third Saturday in May; Memorial Day (half-staff until noon), the last Monday in May; Flag Day, June 14; Juneteenth Day, June 19; Independence Day, July 4; Labor Day, first Monday in September; Constitution Day, September 17; Native American Day, second Monday in October; Navy Day, October 27; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in November; Christmas Day, December 25; and such other days as may be proclaimed by the President of the United States; the birthdays of States (date of admission); and on State holidays. Display on or near administration building of public institutions. The flag should be displayed daily on or near the main administration building of every public institution. Display in or near polling places. The flag should be displayed in or near every polling place on election days. Display in or near schoolhouses. The flag should be displayed during school days in or near every schoolhouse.

The United States flag, when carried in a procession with another flag or flags, should be either on the marching right (that is, the flag's own right) or, if there is a line of other flags, in front of the center of that line. The flag should not be displayed on a float in a parade except from a staff, or as provided in paragraph (9) of this Subsection. The flag should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender. No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea when the church pennant may be flown above the flag during church services for the personnel of the Navy. No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to, or in place of, the flag of the United States at any place within the United States or any Territory or possession thereof; provided, that nothing in this Section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations. The flag of the United States of America, when it is displayed with another flag against a wall from crossed staffs, should be on the right, the flag's own right, and its staff should be in front of the staff of the other flag. The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs. When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from the adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag's right. When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace. When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill, balcony, or front of a building, the union of the flag should be placed at the peak of the staff unless the flag is at half-staff. When the flag is suspended over a sidewalk from a rope extending from a house to a pole at the edge of the sidewalk, the flag should be hoisted out, union first, from the building. When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag's own right, that is, to the observer's left. When displayed in a window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the street. When the flag is displayed over the middle of the street, it should be suspended vertically with the union to the north in an east and west street or to the east in a north and south street. When used on a speaker's platform, the flag, if displayed flat, should be displayed above and behind the speaker. When displayed from a staff in a church or public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman's or speaker's right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman or speaker or to the right of the audience. The flag should form a distinctive feature of the ceremony of unveiling a statue or monument, but it should never be used as the covering for the statue or monument. The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half-staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff. The flag shall be flown at half-staff thirty days from the death of the President or a former President; ten days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the following day for a Member of Congress. When the flag is used to cover a casket, it should be so placed that the union is at the head and over the left shoulder. The flag should not be lowered into the grave or allowed to touch the ground. When the flag is suspended across a corridor or lobby in a building with only one main entrance, it should be suspended vertically with the union of the flag to the observer's left upon entering. If the building has more than one main entrance, the flag should be suspended vertically near the center of the corridor or lobby with the union to the north when entrances are to the east and west, or to the east when entrances are to the north and south. If there are entrances in more than two directions, the union should be to the east.

No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor. The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property. The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise. The flag should never be carried flat or horizontally, but always aloft and free. The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker's desk, draping the front of the platform, and for decoration in general. The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way. The flag should never be used as a covering for a ceiling. The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature. The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything. The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown. No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin, being a replica, should be worn on the left lapel near the heart. The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning.

During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present except those in uniform should face the flag and stand at attention with the right hand over the heart. Those present in uniform should render the military salute. When not in uniform, men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Aliens should stand at attention. The salute to the flag in a moving column should be rendered at the moment the flag passes.

Pursuant to federal law, any rule or custom pertaining to the display of the flag of the United States of America may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed by the Commander in Chief of the Armed Forces of the United States whenever he deems it to be appropriate or desirable; and any such alteration or additional rule shall be set forth in a proclamation.

No person other than those persons authorized by the Charter may affix the official seal of the County to any paper or document.

No person who is engaged in the third-party collection of private debts, the furnishing of private police protection or private detective services, or in the operation of any fair or exhibition whether or not for profit, may use as a part of the firm name of such business or operation, or employ in any communication, correspondence, notice, advertisement, or circular the words "Prince George's" or "Prince George's County" or the seal of Prince George's County or any replica thereof, for the purpose of conveying, or in a manner reasonably calculated to convey the false impression that such business or operation is a department, agency, bureau, or instrumentality of Prince George's County or that such business or operation represents Prince George's County. This Section shall not apply to members of the County Police Department when furnishing authorized, private police protection.

No person who violates any provision of Sections 1-101 through 1-108 shall, upon conviction thereof, be sentenced to not more than thirty (30) days in jail or a fine not to exceed Five Hundred Dollars ($500.00), or both. Each day's use of the County name or the County seal or replica thereof in violation of Section 1-107 and 1-108 shall constitute a separate offense.

In addition to any criminal penalties set forth in this Subtitle the County is empowered to seek appropriate civil relief to suppress any violation of Sections 1-107 and 1-108.

Whenever a power is granted to or a duty is imposed upon a public officer of employee, the power may be exercised or the duty discharged by any authorized deputy or designee or by any person authorized pursuant to law or public local law, unless this Code expressly provides otherwise.

No law, public local law, amendment or repeal of any Section hereof shall be operative, in full force and effect, until it has been adopted in the manner prescribed by law and until it has been published in accordance with the provisions of the Charter.

No law shall be enacted by the Council by emergency bill which creates or abolishes any office; changes the composition, term, or duty of any officer; grants any franchise or special privilege; creates any vested right or interest; or creates or expands any capital project or increases the funding thereof (except where the increase in funding is required solely to meet cost escalation and does not affect the scope of the project as originally budgeted). Every emergency bill shall describe in clear and specific terms the emergency affecting the public health, safety, or welfare that necessitates the consideration of the proposed legislation as an emergency bill and the reason for the purported emergency. In any advertisement or publication of an emergency bill required by Section 317 of the Charter and Section 3, Article XI-A of the Constitution of Maryland, the Clerk of the Council shall include the claimed emergency as set forth in the bill. Prior to final action on an emergency bill by the Council, the Chairman shall read the bill by short title and shall read the claimed emergency as contained in the bill.

Neither the adoption of this Code nor the repeal hereby of any laws or public local laws of this County shall in any manner affect the prosecution for violation of such laws or public local laws which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty at the effective date due and unpaid under such laws or public local laws nor be construed as affecting any of the provisions of such laws or public local laws relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any law or public local law and all rights and obligations thereof appertaining shall continue in full force and effect. Whenever any law or public local law repealing a former law, public local law, clause or provision is repealed, such repeal shall not be construed as reviving such former law, public local law, clause or provision, unless expressly provided therein.

If the provisions of different Subtitles, Divisions, Subdivisions, or Sections of this Code conflict with or contravene each other, the provisions of each Subtitle, Division, Subdivision, or Section shall prevail as to all matters and questions growing out of the subject matter of that Subtitle, Division, Subdivision, or Section. If clearly conflicting provisions are found in different Sections of the same Subtitle, the provisions of the Section last enacted shall prevail unless the construction is inconsistent with the meaning of that Subtitle. Where any conflict exists between a Subtitle, Division, Subdivision, or Section of this Code and any Subtitle or Section of the Charter or State law, the latter shall prevail.

Any reference in this Code to any law, public local law, or provision of this Code shall mean such law, public local law, or provision as may now exist or is hereafter amended. Any references in this Code to Subtitles, Divisions, Subdivisions, or Sections shall be to the Subtitles, Divisions, Subdivisions, and Sections of this Code unless otherwise specified.

All designations and headings of Subtitles, Divisions, Subdivisions, and Sections are intended only for convenience in arrangement and as mere catchwords to indicate the contents of such Subtitles, Divisions, Subdivisions, or Sections, whether printed in boldface type or italics. They shall not be deemed or taken to be any part or title of such Subtitles, Divisions, Subdivisions, or Sections; nor, unless expressly so provided, shall they be so deemed upon amendment or reenactment; nor shall they be construed to govern, limit, modify, alter, or in any other manner affect the scope, meaning, or intent of any of the provisions of this Code.

In reading a Section number from left to right, the digit or digits to the left of the dash designate the Subtitle number. The digit or digits to the right of the dash designate the Section number within the Subtitle. Figures to the right of a decimal point indicate new Subtitles or Sections inserted between existing Subtitles or Sections. The decimal system shall be used to maintain the numerical order of this Code.

Each day any violation of this Code occurs or continues to exist shall constitute a separate offense.

Whenever in this Code any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

All notices, reports, statements, applications, or records required or authorized by this Code shall be made in writing in the English language unless specifically provided otherwise.

It is declared to be the intention of the Council that the Sections, Subsections, paragraphs, sentences, clauses, and words of this Code are severable. If any Section, Subsection, paragraph, sentence, clause, or word is declared unconstitutional or otherwise invalid by the lawful judgment or decree of any court of competent jurisdiction, its unconstitutionality or invalidity shall not affect the validity of any of the remaining Sections, Subsections, paragraphs, sentences, clauses, and words of this Code, since the Sections or parts of Sections would have been enacted by the Council without and irrespective of any unconstitutional or otherwise invalid Section, Subsection, paragraph, sentence, clause, or word being incorporated into this Code.

Whenever in this Code any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, no person shall willfully violate any such provision of this Code. Where no specific penalty is provided therefor, the violation of any such prohibited or unlawful act or offense, or a misdemeanor, shall be punished by a fine not exceeding Five Thousand Dollars ($5,000.00) or by imprisonment in the County Jail or other place of legal incarceration for not more than six (6) months. This Section shall not apply to County officials, officers, employees, boards, commissions or agencies while acting in the performance of their official duties. If the penalty for a particular offense is limited by State Statute then such limitation shall be applicable to the provision of this Code not withstanding the provisions of the Section. The suspension or revocation of any license, certificate or other privilege conferred by the County, shall not be regarded as a penalty for the purposes of this Code but shall be in addition thereto.

The Council shall be composed of nine (9) members, nominated and elected as provided in Section 303 of the Charter. The Council shall exercise all legislative powers granted the County under the State Constitution and the laws of the State, as provided in Section 302 of the Charter. The Council shall be organized, qualified, and compensated as provided in the Charter.

Council sessions for the enactment of legislation shall be held on the first and third Tuesday of January, February, March, April, May, June, July, September, October, and November, except: November in a Councilmanic Election Year; The following Wednesday if a legal holiday; or, Such additional days as the Council determines not to exceed forty-five (45) days, or as limited by the State Constitution. Council session for the performance of other duties may be held at such times as determined by the Council. Council session shall be held at the County Administration Building, Upper Marlboro, Maryland, and such other places as the Council shall designate.

Upon the death, resignation, removal or expiration of the term of a County Council member, an audit shall be made of the accounts maintained by the County Council member. If, as a result of any audit, a County Council member shall be found to be indebted to the County, the County Executive shall proceed forthwith to collect the indebtedness.

The provisions of this Section shall apply only to a vacancy on the County Council that occurs during the first three (3) years of a term. When there is a vacancy in the office of a Council Member that occurs during the first three (3) years of a term, the Council shall, within seven (7) days after such vacancy occurs, adopt a Resolution directing that a special primary and special election by the registered voters of the Council District concerned be held to fill the vacancy. The Resolution shall specify: The date by which a certificate of candidacy must be filed with the Board of Supervisors of Elections; The date for the special primary election; and The date for the special election. The date of the special primary election shall be any Tuesday that is at least forty-five (45) calendar days, but not more than sixty (60) calendar days, following the occurrence of the vacancy. The date of the special election shall be any Tuesday which is at least sixty (60) calendar days, but not more than ninety (90) calendar days, following the occurrence of the vacancy. Polling places shall be open between the hours of 7 A.M. and 8 P.M. No special primary election or special election shall be held within thirty (30) calendar days prior to any regularly scheduled election. The Council shall consult with the Board of Supervisors of Elections before adopting the Resolution described in Subsection (b). The County shall provide funding to cover the costs for the special primary election and special election. The Board of Supervisors of Elections shall identify the costs incurred and submit a request for a supplemental budget appropriation to the Director of the Office of Management and Budget within sixty days after the special election. Except as otherwise specifically provided in this Section, and except where such construction would be unreasonable, the provisions of Article 33, Annotated Code of Maryland, the County Charter, and the County Code shall be applicable to special primary elections or special elections. Within seven calendar days after the adoption of the Resolution directing a special election, the Board of Supervisors of Elections shall publish once in at least one newspaper of general circulation a notice that a vacancy has occurred, that a special primary election and special election will be held on the dates specified to fill the vacancy. In order to have the name of a proposed candidate placed on the ballot, the candidate shall file with the Board of Supervisors of Elections a certificate of candidacy not later than twenty-eight (28) days prior to the special primary election. At least 10 days prior to the special primary election and special election, the Board of Supervisors of Elections shall mail a specimen ballot to the household of each registered voter in the councilmanic district in which the vacancy occurs. The specimen ballot shall contain the names of the candidates in the order and form in which they are to be printed on the ballot, together with a statement, not to exceed 500 words, provided by each candidate. When there is a vacancy in the office of a Council Member that occurs during the last year of a term, a majority of the remaining members of the Council shall appoint a qualified person to fill the vacancy within thirty (30) calendar days.

Definitions. In this Section, the following words and phrases have the following meanings: Director means the Director of the Office of Management and Budget. Fiscal impact means an estimate of changes in future County revenue and expenditures attributable to a change in the law. Legislation means a bill or resolution under consideration by the Council. Fiscal impact statements. The Director shall submit a statement to the Council describing the fiscal impact, if any, of each piece of legislation. The Director shall submit a separate statement for each piece of legislation. Time for submission. A fiscal impact statement should be submitted to the Council: no later than 7 days before the first Committee session at which the legislation is considered on each bill or resolution presented or introduced, respectively, by the Council Chair at the request of the County Executive; and the earlier of no more than: twelve (12) days after a bill or resolution sponsored by a Councilmember is presented or introduced, respectively; or two (2) days before the first Committee session at which the legislation is considered. If the Director is unable to submit the statement within the time required by paragraph (2), the Director shall notify the Council Chair in writing of the delay, the reason for the delay, and the revised delivery date. If the Council Chair finds that the revised delivery date is unreasonable, the Council Chair may set a different delivery deadline. Content of fiscal impact statement. Each fiscal impact statement shall include: the sources of information, assumptions, and methodologies used; an estimate of changes in County revenues and expenditures regardless of whether the revenues or expenditures are assumed in a recommended or approved budget; revenue and expenditure estimates covering at least the next four (4) fiscal years; analysis of the full personnel cost of the legislation; an estimate of additional staff and resources needed to implement the legislation; an explanation of revenue or expenditures that are uncertain or difficult to project; and if the legislation is likely to have no fiscal impact, why that is the case. Compliance. Council action on legislation that is otherwise valid is not invalid because of any failure to follow the requirements of this Section.

In the event the State Senator or a member of the House of Delegates of Prince George's County dies during his term of office, beginning with the session opening in January, 1963, the Council shall pay to the surviving spouse of the deceased Senator or Delegate such sum as will equal the amount of money he would have received from the State had he lived until the end of the year in which he died. If there is no surviving spouse such sums shall be paid to heirs at law of the deceased Senator or Delegate.

The members of the County Council shall receive compensation for the performance of their public duties under the Charter of: no increase in the County Council Member salaries in December 2026, year one of the term. For year one of the term, the County Council Member salaries will remain at $145,432, the same level established in December 2025. For year one of the term, the Council Chair's salary will remain at $152,703, the same level established in December 2025. For year one of the term, the Council Vice-Chair's salary will remain $149,068, the same level established in December 2025; payment in the amounts adjusted annually, beginning in year two (2027), in year three (2028) and in year four (2029), respectively, with a percentage increase equal to the percentage by which the Consumer Price Index for All Urban Consumers (CPI-U) for September shall have increased from the preceding September up to a maximum of 3.0% in each of year two, year three, and year four of the term; and for any year the CPI-U is applied for salary adjustment purposes, should the CPI-U for that year reflect a decrease in the year-over-year rate, the salaries of the County Council Members shall remain at the previous year's salary level. The compensation of the Chair of the County Council shall be fixed at five percent (5%) per annum in excess of the compensation of the other Council Members during such person's term as Chair, and the compensation of the Vice-Chair of the County Council shall be fixed at two and one half percent (2.5%) per annum in excess of the compensation of the other Council Members during such person's term as Vice-Chair. The County contribution for County Council Members to the County's ICMA 401 Defined Contribution Plan shall increase from five percent (5%) to ten percent (10%), while the County Council Members will continue to contribute five percent (5%) of base salary. The compensation of Members of the County Council shall be determined in accordance with Section 308 of the Charter and applicable State law.

The County Executive shall be vested with all the executive powers vested on the County by the Constitution and the laws of Maryland. The County Executive shall be the chief executive officer of the County and execute all laws. The County Executive shall be nominated, elected as provided in Section 403 of the Charter. The County Executive shall be subject to all of the provisions of Article IV of the Charter relating to his position.

The provisions of this Section shall apply only to a vacancy in the office of County Executive which occurs during the first two (2) years of a term. Section 407 of the County Charter contains procedures for filling a vacancy in that office occurring during the last two (2) years of a term. When there is a vacancy in the office of County Executive which occurs during the first two (2) years of a term, the Council shall, within ten (10) days after such vacancy occurs, adopt a Resolution providing for: A special primary election and a special election by the registered voters of the County to fill the remainder of the term of office of County Executive; The withdrawal date for candidates which shall be two (2) calendar days after the final filing date; and The dates for the special primary and special elections; The date of the special primary election shall be any Tuesday which is at least thirty-five (35) calendar days but not more than ninety (90) calendar days following the date of adoption of the resolution. The date of the special election shall be on any Tuesday which is at least forty (40) calendar days but not more than sixty (60) calendar days from the date of the primary election. No special primary or special election shall be held within forty-nine (49) calendar days prior to or thirty (30) calendar days after any regularly scheduled election. The Council shall consult with the County Board of Supervisors of Elections before adopting the Resolution described in Subsection (b). The County shall provide funding to cover the costs for the special primary and special election. Except as otherwise specifically provided in this Section and except where such construction would be unreasonable, the provisions of Article 33, Annotated Code of Maryland, the County Charter, and the County Code (including Division 17A of Subtitle 2 and Division 2 of Subtitle 8) shall be applicable to the special primary and special elections. Certificates of candidacy must be filed at the Board of Supervisors of Elections during regular business hours, not later than twenty-one (21) calendar days before the special primary election. In order to have the name of a proposed candidate placed on the ballot by petition, the candidate shall file with the Board of Supervisors of Elections: A declaration of his intent to seek nomination by petition. Such declaration shall be filed not later than twenty-one (21) days before the special primary election. A certificate of candidacy not later than the closing of the polls at the special primary election; and petitions signed by not less than three (3) percent of the registered voters who are eligible to vote for the office for which the nomination by petition is sought. The number of registered voters shall be determined as of the date of the adoption of the Council resolution providing for the special primary election and the special election. The Board of Supervisors of Elections shall verify a sufficient number of signatures of persons who are registered voters and who have signed the petition to equal the three (3) percent necessary to validate the petition. Immediately upon completion of the verification process, said Board shall notify the candidate of the results.

The County Executive shall be authorized to sell, lease, or otherwise dispose of any County-owned real property, when such property is no longer needed for County use or when the proposed disposition is in furtherance of a public purpose, including a sale/leaseback or a lease/leaseback, in accordance with the following provisions: Property Inventory. The County Executive shall establish an inventory of all real property and improvements titled in the name of Prince George's County, and all real property and improvements to which Prince George's County has an equitable or fee simple title. The inventory shall include properties acquired through tax sales, grants, purchases, eminent domain, or by operation of law, including property transferred to the County from other governmental agencies and the Board of Education. Properties utilized for public rights-of-way shall be inventoried separately. The tax certificate for properties acquired through tax sales may be sold without regard to this Section at any time prior to the foreclosure of the right of redemption, in accordance with the provisions of State law. Inventory List and Surplus Property Disposal List. The County Executive shall present the inventory to the County Council no later than the first day of May each year. Only those properties which are contained within the inventory shall be permitted to be proposed for lease, sale, or disposal. Revisions to the inventory shall be submitted as necessary and approved by legislative act. The County Executive, at least once annually, shall review the inventory of all real property and improvements held in fee by Prince George's County and shall transmit, for the approval by legislative act of the County Council, a list of all properties to be leased, offered for sale, or otherwise disposed of. The list of properties proposed for surplus shall identify any properties considered for economic development purposes, including elderly housing and affordable housing projects. Simultaneous with the transmission of the surplus property legislation to the County Council, the County Executive shall submit a copy of the surplus property legislation to the Revenue Authority of Prince George's County, any municipality in which a property proposed as surplus lies, in whole or in part, the Maryland-National Capital Park and Planning Commission, the Washington Suburban Sanitary Commission, and the State of Maryland (each a "Preferred Government Entity"). Surplus Property List Description. The surplus property list shall adequately describe each property listed and shall contain: A statement of its acquisition cost; Date of acquisition; and Present assessment value. Any property being considered by the County Executive for economic development purposes, including elderly housing and affordable housing projects, shall be so designated in the surplus property list. In addition to paragraphs 1-3 above, when the property is proposed for sale to a private party, the description must also include: the proposed sale price; the name of the proposed purchaser; and a list of the type and value of any waiver, abatement, adjustment, or deferral of County fees, charges, or taxes pertaining to the property. Administration. The Redevelopment Authority for Prince George's County (the "Authority") shall administer the final disposition of all properties approved as surplus beginning no less than forty-five (45) days after County Council approval of the surplus property list and before any disposition, grant, or lease of surplus property. First Right of Refusal. Except when the proposed disposition is a sale/leaseback or disposition for economic development, including elderly housing and affordable housing projects, the Authority shall give a first right of refusal to the Preferred Government Entities. Preferred Government Entities may purchase properties approved as surplus for public use only, and for an amount equal to the County's acquisition cost plus expenses incident to transfer. To meet the requirement for public use, not more than ten percent (10%) of the usable space of any structure may be rented by the Preferred Government Entity acquiring the property for an amount exceeding the cost of maintaining and operating such space. Preferred Government Entities shall attend the public hearing identified in Subsection (f) of this Section to exercise their right of first refusal on the record. Where more than one Preferred Government Entity exercises their right of first refusal at the hearing, the Authority shall designate the Preferred Government Entity to whom the property will be transferred in the disposition resolution set forth in Subsection (h) of this Section. Where the property requires the maintenance of a structure, the Authority may, as a condition of disposition, require the Preferred Government Entity to maintain the property in at least the same condition as it is in at the time of the hearing until disposition is complete. Notice, Public Hearing and Public Sale. The Authority shall advertise the proposed dispositions and availabilities of all properties approved as surplus in accordance with the provisions of Section 10- 312, Local Government Article, of the Annotated Code of Maryland, by publishing notice once a week for 3 successive weeks in at least one newspaper of general circulation in the County setting forth the particulars as to where, when, and to whom objections may be filed. After providing the required notice in Subsection 1, the Authority shall schedule a public hearing no sooner than 15 days of the effective date of the surplus property list legislation to receive comment from Preferred Government Entities, interested persons, and persons lodging objections. The hearing shall be recorded and the record transferred to the Council within fifteen (15) days of conclusion of the hearing(s). After concluding the hearing and transmitting the record, the Authority shall determine which properties on the surplus property list shall be transferred for economic development projects, including elderly housing and affordable housing projects, transferred to Preferred Government Entities, or proposed for transfer to the bidder offering best value. With the exception of transfers for economic development, including elderly housing and affordable housing projects, which shall follow the County Capital Improvement Program budget process, or transfers to a Preferred Government Entity where no competition exists, no disposition of any surplus property may be permitted without County Council approval by resolution in accordance with Subsection (h) of this Section. Dispositions for specific public purposes limited to transportation, not-for-profit sport and recreational uses, and day care centers for children or adults. The County Executive may propose a plan for disposition of County property through sale, lease, or other conveyance to public or private parties under terms and conditions which will, in the determination of the County Executive, promote a specific public purpose, limited to transportation, not-for-profit sport and recreational uses, and day care centers for children or adults. The plan for disposition, including the public purpose to be served and the terms of the conveyance, shall be submitted to the County Council, and the County Executive shall be authorized to proceed with the disposition upon approval by the County Council by resolution. Disposition Resolutions. After notice and public hearing, the Authority shall submit a resolution to the County Council setting forth the proposed disposition(s). The resolution shall contain only those properties proposed for transfer to private entities or for which more than one Preferred Government Entity exercised a first right of refusal. The County Council shall schedule a public hearing and take action within thirty (30) days of transmittal of the resolution. The County Council may reject the proposed disposition(s) by majority vote of the full Council. If the County Council fails to timely schedule the hearing or object by majority vote, the proposed disposition(s) in the resolution shall be deemed approved. If a resolution is transmitted during County Council recess, or the thirty (30) days by which the County Council must schedule a hearing and take action expires during recess, then the County Council shall schedule a hearing and take action within ten (10) days after return from recess. If the Council fails to schedule the hearing and take action on the resolution by majority vote within ten (10) days after return from recess, then the resolution shall be deemed approved. Reversionary Interest. Disposition of the property to a Preferred Government Entity other than the Revenue Authority of Prince George's County shall be subject to the condition that the property will revert to the County if the public use is discontinued. Within sixty (60) days of the discontinuance of the public use, or after any extension which may be granted for good cause, a deed shall be executed transferring the property, which shall be in at least as good a condition as it was when received, back to the County. If any property that has reverted to the County is subsequently sold for a sale price in excess of the appraised value of the property at the time it was declared surplus to County needs, the Preferred Government Entity shall also be reimbursed for the cost of improvements made to the principal structure, if any, on the property. If the County Executive is satisfied that another public use will replace one which has been discontinued, no transfer shall be required. As an alternative to the property reverting to the County, the Preferred Government Entity may reimburse the County for the fair market value of the property at the time it was conveyed to the Preferred Government Entity. Where the County Executive finds it in the public interest to convey title to another Preferred Government Entity for less than the acquisition cost, the County Executive may so convey provided they set forth reasonable justification, in writing, to the County Council prior to the sale. Whenever a property is proposed for disposition by sale to the Maryland-National Capital Park and Planning Commission, the purchase price shall be no less than the present value of the remaining bonded indebtedness attributable to the property. Exemption for Sale/Leaseback. The County Executive shall be authorized to sell, lease or otherwise dispose of any County-owned property, and to enter into a leaseback of the same to the County in furtherance of a public purpose, without complying with any of the other provisions of this Section 2-111.01 or Section 2-112 of the County Code, provided that: The County Council has approved the sale, lease or other disposition and leaseback of such property by resolution. The County Executive shall cause notice of the proposed disposition to be given in accordance with Section 10-312, Local Government Article of the Annotated Code of Maryland. The approval by resolution of the County Council of the sale, lease or other disposition of County-owned property and the leaseback of the same shall be an authorization to the County Executive to act within two (2) years of the effective date of the resolution upon such terms as the County Executive determines are in the best interests of the County, subject to any limitations contained in such resolution. Any contracts relating to the proposed sale, lease or other disposition and the leaseback of an approved property may be negotiated and accepted by the County Executive within two (2) years of the effective date of the County Council resolution. Notwithstanding the provisions of Section 2-112 of the County Code, lease payments or any other payments provided for with respect to a leaseback may be included in either the County's capital or operating budget. Any leaseback may be structured: as a true lease such that upon expiration or termination of the leaseback, title to the property shall remain in the person to whom the property was transferred in accordance with this Subsection (j); or any leaseback may be structured as a lease-purchase or similar arrangement such that title to the transferred property shall be acquired by the County upon expiration or termination of the leaseback (subject to any remedies the lessor may have upon an event of default or event of non-appropriation), as provided in any contracts negotiated and accepted by the County Executive under the provisions of this Subsection (j), without further compliance with the provisions of the Section 2-111.01 or Section 2-112 of the County Code. All documents or set of documents pertaining to the solicitation of proposals and any development agreement, deed, lease, construction contract or other document designed to implement a transaction authorized by this subsection shall require: that the construction portion of the project shall be considered a "public work" constructed by a "public body"; and that the provisions of Subtitle 2, Division 14 of the County Code shall apply to the project as if the project were constructed directly by the County; and that the Purchasing Agent shall establish a goal for the utilization of minority contractors on the project in accordance with the criteria contained in Section 10A-136 of the County Code; and that any party performing construction work shall be considered a "contractor" and shall be required to comply with the provisions of Subtitle 2, Division 14 and Subtitle 10A, Division 6, Subdivision 1 of the County Code. Previous Owner Dispositions. Except for property proposed for economic development, including elderly housing and affordable housing projects, or proposed for disposition pursuant to Subsections (e) (Preferred Government Entities),(g) (Specific Public Purposes), or (j) (Sale/Leaseback ), the owner(s) from whom property was acquired by the County, or the heirs and assigns of the owner(s), shall have the first right over any other person to reacquire the property (or such portion of it which is declared surplus) if all of the following conditions are met: The property was acquired by the County through grant, purchase, or eminent domain within the last twenty-five (25) years. Such property shall include that acquired by the County from a Preferred Government Entity. It shall not include acquisition through purchase at tax sale. The determination of the County Executive that the property is surplus occurs within twenty-five (25) years after County acquisition or in the case of an acquisition from another Preferred Government Entity the determination occurs within twenty-five (25) years after the acquisition by that agency. The former owner or heir has asserted his right to reacquire the property within sixty (60) days after the following have occurred: The Authority shall send notice of the previous owner's right of reacquisition by first class mail to their last known address. The last known address of the previous owner shall be presumed to be that address set forth in the tax assessment records for the year that the subject property was acquired, unless the County shall have been notified in writing of a different address; and Similar notification shall be published for a period of three (3) successive weeks in the County newspapers of record. The repurchase price shall be the price approved by legislative act of the Council or, where no price is fixed, the fair market value at the time the property is sold. Leasing. The County Executive, as an alternative to the sale of property, may propose the leasing of County-owned property. Said proposals shall include, but need not be limited to, the maximum lease periods including renewal rights and the minimum rentals to be charged. Notwithstanding the provisions of this Section requiring approval by legislative act or resolution, the County Executive may authorize the leasing of any County-owned property for a maximum lease period of one (1) year or less, with no renewal rights. Surplus School Property. When the property to be disposed of, whether by sale or lease, is a surplus school within a municipality, the municipality will be given notice of any proposed adaptive reuse of the school immediately upon receipt of the proposal. In the event that a municipality, within thirty (30) days of the notice, objects in writing to a proposal for reuse of a surplus school, the Authority shall schedule and give not less than fourteen (14) days notice of a public hearing on the proposal. Said hearing shall be held in the municipality. Approval Expiration. The approval by resolution of the County Council of the sale, lease, or other disposition of County-owned property, shall be an authorization to the County Executive to act within two (2) years of the date of the resolution. The authority shall extend to all properties enumerated in the disposition resolution irrespective of whether the County held title in a governmental or proprietary capacity or the property is impressed with a public trust. If the County Executive fails to act within two (2) years from the date of resolution, the County Council's approval to the County Executive of the sale, lease, or other disposition of County-owned property shall be deemed a disapproval. Surplus by Executive Order. When the County becomes the owner of a parcel of real property which cannot be developed in accordance with the minimum requirements of Subtitle 27 of this Code due to size or configuration because it is an abandoned roadway or is less than five thousand (5,000) square feet in size, the parcel shall immediately become surplus upon Executive Order without further action by the County Executive or the County Council. Such property may be offered for sale at the fair market value if it is equal to, or greater than, the amount of any outstanding taxes, interest, and penalties due on the property, plus administrative costs incident to transfer. Properties of this nature will be included and so designated in the inventory required under this Subtitle. When the County acquires a parcel of real property through a floodplain acquisition program, the parcel shall immediately become surplus upon Executive Order executed not less than forty-five (45) days after notice to the County Council without further action by the County Executive or the County Council. Such property may be offered for sale to the Maryland-National Capital Park and Planning Commission in accordance with Subsection (e), or leased or offered for sale to the adjacent landowner(s) or neighborhood homeowners association at the fair market value which shall include the amount of any outstanding taxes, interest, and penalties due on the property, plus costs incident to transfer. All contracts for the sale of such property shall be accompanied by fully executed restrictive covenants designed to protect the floodplain and reflect the restrictions as imposed by law. Hospital System. This Section shall have no application to the disposition by lease or transfer without consideration of all or a portion of the Prince George's County Hospital System, consisting of the Prince George's General Hospital and Medical Center, the property formerly known as the Greater Laurel Beltsville Hospital, and the Bowie Health Center to Dimensions Health Corporation or University of Maryland Medical Systems. Surplus Property Report. The Authority shall submit to the County Council on each first Friday of January an annual report of all properties approved as surplus during the previous calendar year.

The County Executive is authorized on behalf of and in the name of the County to acquire by purchase, lease or condemnation for public purposes as such purposes are set forth in any capital improvement expenditure appropriation ordinance, enacted by the Council in accordance with Article VIII of the Charter, the fee simple, leasehold or such other interests as the County Executive may deem to be necessary or desirable in any real property located within the County, including any or all property rights, interests, easements or franchises in the same and to erect buildings thereon for any public use. If the County Executive is unable to agree with the owner or owners on the purchase price of such property or interest therein, he shall thereupon institute in the name of the County the necessary legal proceedings to acquire by condemnation the property or any interest therein. No property or interest therein shall be purchased, by condemnation or otherwise, unless funds for the specific project shall have been included in the capital budget, and the Director of Finance certifies that there are funds on hand to pay the amount included in the Capital Improvement Budget or that funds are forthcoming from a bond issue already sold, the award of a condemnation jury notwithstanding. Nothing in this Section shall require the purchase of a specific piece of property unless the Council shall so specify in the Capital Budget. All such purchases herein provided for shall be accomplished in accordance with budgetary procedures as set forth in the Charter. Any condemnation proceeding filed hereunder shall be in accordance with the appropriate provisions of the Real Property Article, Title 12, Eminent Domain of the Annotated Code of Maryland and the Maryland Rules of Procedure.

The County Executive shall receive compensation for the performance of public duties under the Charter of: no increase in the County Executive's salary in December 2026, year one of the term. For year one of the term, the County Executive's salary will remain at $241,170, the same level established in December 2025; payment in the amounts adjusted annually, beginning in year two (2027), in year three (2028) and in year four (2029), respectively, with a percentage increase equal to the percentage by which the Consumer Price Index for All Urban Consumers (CPI-U) for September shall have increased from the preceding September up to a maximum of 3.0% in each of year two, year three, and year four of the term; and (3) for any year the CPI-U is applied for salary adjustment purposes, should the CPI-U for that year reflect a decrease in the year-over-year rate, the salary of the County Executive shall remain at the previous year's salary level. The County contribution for the County Executive to the County's ICMA 401 Defined Contribution Plan shall increase from five percent (5%) to ten percent (10%), while the County Executive will continue to contribute five percent (5%) of base salary. The compensation of the County Executive shall be determined in accordance with Section 406 of the Charter and applicable State law.

The County Executive shall establish the rates for reimbursement of expenses to officers or employees of the County for their travel mileage, when use of a private vehicle is authorized incident to the performance of the official duties of said officer or employee. The rates shall be based upon reasonable costs and in no case shall those rates established by the County Executive be greater than those rates currently in effect for like reimbursements to employees of the Government of the United States of America.

The County Executive is hereby authorized to borrow from time to time, upon the full faith and credit of Prince George's County, an amount or amounts not to exceed Fifteen Million Dollars ($15,000,000) in the aggregate at any one time, for the purpose of accommodating the cash flow requirements of the County Government in meeting its immediate obligations, and is authorized to execute as evidence of the said indebtedness or indebtednesses tax anticipation notes which shall be retired from tax revenues and other revenues received by the County. All tax anticipation notes signed and issued pursuant to the terms of this Section shall have a maturity date not to exceed one year from the date of the execution of the said note or notes.

Upon the death, resignation, removal or expiration of the term of any County Executive, an audit shall be made of the accounts maintained by the County Executive. If, as a result of any audit, a County Executive shall be found to be indebted to the County, the County Council shall proceed forthwith to collect the indebtedness.

It is the expressed intent and purpose of the County Council to achieve, through this legislation, an informative and organized method of reviewing and considering the qualifications of those individuals appointed by the County Executive under Section 322 of the Charter for Prince George's County and those individuals appointed by the County Executive to serve on the Washington Suburban Sanitary Commission and the Maryland-National Capital Park and Planning Commission. Further, it is the expressed desire of the County Council to make public that information upon which the confirmation decision is made, except that information which is required to be held in confidence, enabling the citizens of Prince George's County to have available sufficient information in order to completely and responsibly comment during the public hearing on any above-mentioned appointment.

In order to establish qualifications and suitability for employment and service, the County Executive shall send to the County Council a Standardized Appointee Data Form, as set forth in Section 2-112.05 of this Division, completed under oath or affirmation in due form of law by every individual appointed in accordance with Section 322 of the Charter for Prince George's County, Maryland, and every individual appointed by the County Executive to the Washington Suburban Sanitary Commission and the Maryland-National Capital Park and Planning Commission, subject to confirmation by the County Council.

The County Executive shall assemble or cause to have assembled a Standardized Appointee Data Form which shall be completed by all individuals as set forth in Section 2-112.04 of this Division. The completed Standardized Appointee Data Form shall be presented to the County Council at the time at which an individual, as set forth in Section 2-112.04 of this Division, is appointed by the County Executive for Prince George's County, Maryland. A copy of the completed Standardized Appointee Data Form shall also be transmitted to the Clerk of the County Council and shall immediately be made a document of public record and thus shall be made available for public review upon request. The Standardized Appointee Data Form shall be established as a standard County form to be completed by all individuals appointed as set forth in Section 2-112.04 of this Division and shall reflect the following information regarding the appointee: Current full legal name; Current legal address and all past addresses established within five years immediately preceding the date of completion of this form and current citizenship; Current home and business phone numbers; List of present and all past employment occupations during the past five years including name, address, date of employment and termination, reason for termination, brief job description for each occupation, names of immediate supervisors; All education received, name and location of educational institutions attended, degrees acquired, date and cause for any dismissal from such educational institutions, any additional training received; Current and previous memberships in professional, civic, and fraternal associations or organizations where related to the qualifications for the appointive position; Statement of any felony conviction; Military experience including length of service, and rank achieved; Five personal references not to include members of family; Additional information - special qualifications, skills, data which the appointee wishes to submit.

The County Executive for Prince George's County shall endeavor to obtain through the Prince George's County Police Department a copy of a Federal Bureau of Investigation criminal report for each individual appointed as set forth in Section 2-112.04 of this Division. Such information, when acquired by the County Executive, shall be confidential information and shall be made available at the time of appointment to the members of the County Council or the individual appointee upon written or oral request.

Notwithstanding applicable State law, candidates for appointment to County boards and commissions, subject to Section 322 of the County Charter, shall reside in Prince George's County at the time of their confirmation and shall maintain County residency throughout their length of service. Board or commission members that do not maintain their residency shall immediately notify the County Executive and the County Council and their service automatically expires from the date that the member moved from the county. Candidates for appointment to the Prince George's County Public Employee Relations Board are required to possess specialized skills, expertise and knowledge and as a result of that necessity, the Prince George's County Public Employee Relations Board shall be exempted from the resident requirement of subsection (a) above.

The annual compensation of each member of the Prince George's County Planning Board, other than the member designated as the full-time member pursuant to Article 28, Section 7-111 of the Annotated Code of Maryland, is Nineteen Thousand Four Hundred Dollars ($19,400), in addition to any salary the member receives under Section 7-111 as a member of the Maryland-National Capital Park and Planning Commission.

There is established the Advisory Committee on Aging for the County which shall: Receive regular reports from the Department of Family Services regarding the status of current operations and future planning. Make recommendations as may be appropriate on various services and programs for the aging. Maintain communications between our older citizens and the County Executive and the Council. Strive for a fuller utilization of the energies, skills, and knowledge of our older citizens for the benefit of themselves and society. Strive for the development of a positive socioeconomic educational climate which emphasizes the vigor and usefulness of those in later life.

The Advisory Committee on Aging shall consist of twenty-four (24) members: one-third (1/3) of the members shall be senior citizens (age sixty (60) and over), one-third (1/3) representing public and nonprofit agencies having programs which benefit the older citizens, and one-third (1/3) representing the public at large. The members shall be appointed by the County Executive, subject to confirmation by the Council. Terms shall be staggered. No term shall exceed three (3) years. The Committee shall elect yearly from its own membership a chairman and such other officers as the Committee determines necessary; provided that no member shall serve as chairman for more than two (2) years. The Committee's secretarial services shall be provided by the Department of Family Services.

To provide program representation required by certain federal and State grant projects, the Director of the Department of Family Services, with the approval of the County Executive, may name persons to serve ex officio with the Committee.

There is created a Board of Administrative Appeals for the County, to hear and determine all administrative appeals allowed by ordinance or law. The jurisdiction of the Board of Administrative Appeals shall not extend to any provision of the County Code which does not expressly provide for such jurisdiction. County law which specifically grants the Board authority to hear appeals includes (but need not be limited to) the following: SUBTITLE 3. ANIMALS. Division 2. Licenses and Standards (Animal Holding Facility Licenses). SUBTITLE 4. BUILDING. Division 2. Construction or Changes in Floodplain Area. Division 3. Grading, Drainage and Erosion Control. Division 4. Stormwater Management. Division 6. Universal Design for Housing. SUBTITLE 5. BUSINESSES AND LICENSES. Division 2. Benefit Performances. Division 5. Fortunetelling and Other Similar Practices. Division 9A. Massage Establishments. Division 12. Peddlers and Itinerant Vendors. Division 14. Public Dances. (Dance Halls) Division 15. Door-To-Door Solicitors. Division 19. Secondhand Dealers. Division 21. Towing Regulations. Division 23. Model Studios. Division 28. Special Food Service Facilities - Mobile Units. SUBTITLE 9. ELECTRICITY. Subdivision 2. Burglar and Holdup Alarm Users License and Registration. SUBTITLE 11. FIRE SAFETY. Division 3. Permits, Certificates, and Licenses. Division 4. Fire Prevention Code. SUBTITLE 12. HEALTH Division 10. Tanning Facilities. SUBTITLE 13. HOUSING CODE. (Except as Provided for in Section 13-112.01) SUBTITLE 14. MORALS AND CONDUCT. Division 2A. Going out of Business Sales. SUBTITLE 22. SEWERS. Division 2. Soil Percolation Testers, Contractors and Cleaners of Sewage Systems. SUBTITLE 23. ROADS AND SIDEWALKS. SUBTITLE 24A. TELEVISION AND RADIO EQUIPMENT REPAIR. SUBTITLE 26A. MOTOR VEHICLE REPAIR.

The Board of Administrative Appeals and the Board of Zoning Appeals are reorganized as set forth in this Division. Their operations are merged and consolidated in a new board which is created and known as the "Board of Appeals for Prince George's County" (hereinafter referred to as the "Board of Appeals").

The Board of Appeals shall consist of three (3) members appointed by the Council for a term of four (4) years or until their successors are appointed and duly qualified. The term of appointments shall coincide with the term of office of the Council. The members of the Board of Appeals shall be compensated at the rate of One Thousand Dollars ($1,000.00) per month. The Chairman thereof shall be compensated an additional One Thousand Seven Hundred Fifty Dollars ($1,750.00) per year for administrative responsibilities. The Council shall designate the Chairman and the Vice-chairman of the Board of Appeals.

The Board of Appeals shall meet at such times as necessary. The Chairman shall determine the time and place of all meetings.

An attorney shall be appointed by the Council to serve as the attorney for the Board of Appeals. He shall be present at all meetings of the Board.

Applications for variances and all other appeals to the Board of Appeals shall be filed with the Administrator of the Board of Appeals accompanied with the fee prescribed in this Section. The following schedule of filing fees shall apply to appeals filed with the Board of Appeals relative to Subtitle 27, Zoning, of this Code: Variances: ..... Existing single-family attached and detached residences .....$200.00 Single-family attached and detached residences that are proposed, newly constructed or under construction .....$500.00 All other structures .....$1,500.00 Extension of Time to Cease or Correct Zoning Violation: ..... Residential Property Involved .....$100.00 All Other Requests for Time .....$200.00 Other Zoning Appeals .....$200.00 The following schedule of filing fees shall apply to appeals filed with the Board of Appeals, relative to provisions of other than Subtitle 27 of this Code: ..... Administrative Appeals: ..... Residential Property Involved .....$200.00 Commercial or Industrial Property Involved .....$300.00 The Board of Appeals may refund a filing fee where the Board finds a clear violation by an administrative agent of the County.

Adequate records shall be maintained of all hearings before the Board of Appeals. All hearings shall be recorded by a reporter.

The Board of Appeals shall have the authority to adopt rules and regulations for the conduct of its hearings.

The Board of Appeals shall keep minutes of its proceedings, meetings, and hearings. All actions or decisions of the Board of Appeals shall be taken by resolution and heard and filed separately as to matters within the respective jurisdictions of the Board of Zoning Appeals and the Board of Administrative Appeals.

The Board of Appeals may, in conformance with the law, reverse, affirm, or modify, wholly or in part, any decision from which an appeal is taken.

Pursuant to the provisions of Sections 23-301 and 23-303 of the Education Article of the Annotated Code of Maryland, there is created a Board of Library Trustees. The Board shall consist of seven (7) members, each to serve a term of five (5) years. Upon the expiration of the term of each of the members, appointments to the Board shall be made by the County Executive from a list of persons submitted by the Library Board with the confirmation of the Council pursuant to the provisions of the Charter.

The Board of Library Trustees shall have the powers and duties enumerated and shall be governed by the provisions of Title 23, Education Article, Annotated Code of Maryland.

Pursuant to the provisions of Article 40, Section 53, of the Annotated Code of Maryland, the Prince George's County Memorial Library system, the main office of which is located at Adelphi Road, Hyattsville, Maryland, is designated as the local agency with which every officer, board, institution, and commission of the State of Maryland, including special or temporary officers, boards, and commissions, must file at least one copy of every regular or special report, bulletin, periodical, catalog, and other publication issued by him or it, whether the report is in printed or other form.

It is declared to be the public policy of Prince George's County, Maryland, to eliminate discrimination and prejudice in any form that exists on account of sex; to fully utilize the potential of each citizen in order to preserve our democratic way of life; and to provide equal opportunities to all citizens in employment, education, home and community services, and before the law.

There is established a Commission for Women. The Commission shall consist of eleven (11) members appointed by the County Executive subject to confirmation by the Council. Membership shall consist of eleven (11) men and women who represent a wide cross-section of the citizenry of Prince George's County to include people of diverse economic, ethnic and vocational backgrounds and to include representatives from organized women's rights groups. Appointees shall be chosen from among the best qualified applicants obtained through Countywide recruitment. Consideration shall be given to their knowledge, experience, commitment to and interest in women's issues. The Commission shall elect one (1) of its members as Chairperson and another as Vice Chairperson, each to serve at the pleasure of the Commission, and such other officers as it shall determine. Representatives of the Office of Human Rights, the Board of Education, the Department of Health, and the Department of Social Services shall serve as nonvoting members of the Commission. The term of office of each of the appointive members shall be for three (3) years. Of the members first appointed, four (4) shall be appointed for terms which will expire in one (1) year; four (4) shall be appointed for terms which will expire in two (2) years; and three (3) for terms which will expire in three (3) years. Vacancies shall be filled by appointment for the unexpired terms in the manner the appointments are initially made. The Executive upon the notification and recommendation of the Chairperson of the Commission will remove any member who has had more than three (3) unexcused absences in one (1) year to be replaced in the manner prescribed above. The members shall continue in office until their successors are appointed and have qualified. Members shall be eligible for reappointment.

The Commission shall meet at the call of the Chairperson as frequently as required to perform its duties, but no less than once each month. A majority of the members of the Commission shall constitute a quorum for the transaction of business. A majority of those present at any meeting shall be sufficient for any official action taken by the Commission. The Commission shall submit an annual report to the County Executive and the Council summarizing its activities, needs, recommendations, and the degree to which the goals of the Commission are being met.

The Commission shall have the power and duty to: Develop when necessary an information and referral system for all services in the County related specifically to the needs of women, and to develop other services when a need for such services is determined. Research, assemble, analyze, and disseminate pertinent data and educational materials relating to activities and programs which will assist in meeting the needs of women and in the elimination of prejudice and discrimination on account of sex; and to institute and conduct educational and other programs, meetings, and conferences to promote equal rights and opportunities for all women. In performance of its duties, the Commission shall cooperate with interested citizens, community, business, professional, technical, educational, and civic organizations. Cooperate with the County Executive and all governmental agencies, and to refer to the County Executive and to the proper governmental agencies any matters already in the jurisdiction of their existing powers, with the intent that duplication of effort will be avoided. Study and investigate by means of public or private meetings, conferences and public hearings, conditions which demonstrate unmet needs, or discrimination or prejudice because of sex. Advise and counsel the residents of the County, the Council, the County Executive and the various departments of County, State, and Federal governments on matters involving the needs of women and on matters relating to discrimination and prejudice on account of sex, and to recommend such procedures, program, or legislation as it may deem necessary and proper to promote and insure equal rights and opportunities for all women. Work to remove inequalities due to unmet needs or discrimination and prejudice on the basis of sex in such areas as housing, recreation, employment, education, community services, and related matters.

The Commission may establish such committees as are deemed necessary and appropriate to assist in its functions and duties. Members of such committees may include nonmembers of the Commission. The committee and advisory committee actions shall not be deemed to be the action of the Commission and shall in no way bind the Commission or its members.

The Commission, through the Department of Family Services, may engage the services of volunteer workers and consultants without salary as they may find necessary from time to time and may engage other workers and consultants in accordance with the laws of the County, subject to budget appropriations, to assist it in carrying out its duties. Services of an individual as a volunteer worker or consultant for the Commission shall not be considered as service of employment bringing such individual within any merit system of the County or of this State.

Administrative support for the Commission shall be provided by the Department of Family Services.

A Community Goals Advisory Committee is established.

The Community Goals Advisory Committee shall be constituted as follows: Ten (10) citizens of Prince George's County; The chairman of the Maryland-National Capital Park and Planning Commission; A representative of the Washington Suburban Transit Commission; A representative of the Council; A representative of the Health Department; A representative of the Washington Suburban Sanitary Commission; A representative of the County Board of Education; A representative of the Department of Resources and Community Development; A representative of the Department of Public Works; A representative of the Department of Economic Development. Staff services for this committee shall be supplied by the Maryland-National Park and Planning Commission, and services as needed shall be provided by the Washington Suburban Sanitary Commission and County agencies.

The Council shall designate the Community Goals Advisory Committee's Chairman.

The Community Goals Advisory Committee shall study and formulate goals, purposes, and concepts for a ten (10) year water and sewage plan for the County.

As used in this Division: Cemetery shall mean a place dedicated to and used or intended to be used for the permanent interment of human remains. It may be either a burial park for earth interment; a mausoleum for vault or crypt interments; a structure or place used or intended to be used for the interment of cremated remains or any combination of one or more thereof. The provisions of this Division shall not apply, however, to cemeteries containing a total of less than one (1) acre of land available or to be made available for interment; or to any cemetery owned and operated by a bona fide and recognized church, synagogue, or other church or religious organization where more than seventy-five percent (75%) of the total amount of land available or to be made available for interment at any such cemetery has been reserved or is utilized exclusively by and for the benefit of recognized members and their families of such church, synagogue, or other church or religious organization; or to any cemetery operated by any nonprofit organization which was created by an act of the General Assembly of the State of Maryland prior to 1900. Cemetery Authority shall mean a person, firm or corporation who undertakes to establish, maintain, manage, operate, improve or conduct a cemetery, the interring of human remains, or the care, preservation, and embellishment of cemetery property. Condominium shall mean property subject to the condominium regime established under the Maryland Condominium Act, being Title 11 of the Article on Real Property of the Annotated Code of Maryland. Consumer shall mean a natural person who purchases merchandise or services or borrows money or receives credit for his personal, family, household or agricultural purposes, or is required to pay for towing services that are not contracted for. Director shall mean the Director of the Environment or the Director's designee. Lender shall mean a person who loans money or extends credit to a consumer. Merchandise shall mean real estate and any chattels, personal or real, including, but not limited to, goods, parts, materials and real estate leases. Merchant shall mean a person who offers merchandise or services for purchase by a consumer. Organization shall mean a corporation, trust, estate, partnership, cooperative, association, or any other group of individuals however organized. Purchase shall mean and include taking by sale, discount, negotiation, mortgage, lien or lease. Services shall mean work, labor, or any kind of activity furnished or agreed to be furnished to a consumer, including but not limited to building and construction services, underwriting services, the repair of automobiles, television sets and other similar commodities, the repair or installment of plumbing, heating, electrical or mechanical devices; provided, however, that nothing herein shall apply to the professional services of accountants, architects, clergymen, lawyers, engineers, surveyors, and medical and dental practitioners.

This Division shall be liberally construed and applied to promote its purpose and policies. It is the intent of the Council that in construing Section 2-146 due consideration and great weight shall be given to the interpretation of the Federal Trade Commission and the federal courts relative to Section 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C. 45(a)(1), as may from time to time be amended.

The following practices and conduct are declared to be unlawful in connection with the sale or advertisement of any merchandise or service, or in connection with the borrowing of money or extension of credit, whether or not any person has, in fact, been misled, deceived or damaged thereby: The act, use or practice by any person of any deception, fraud, false promise, or material misrepresentation; The concealment, suppression or omission of any material fact which was known or should have been known to the merchant or lender; The unreasonable detention of any monies, bailment or chattel personal; The harassment or threatening of any person by telephone, cards, letters, or any other means or the contacting of any person's employer for delinquent indebtedness. Nothing in this Subsection shall prevent the use of legal process in the collection of debts; The arbitrary refusal or termination of the credit of a natural person without explanation and without allowing such person to correct errors in his credit records; Unconscionable trade practice which shall mean a practice which takes unfair advantage of the lack of knowledge, ability, experience or capacity of a consumer which results in a gross disparity in the rights of a consumer as against the merchant or results in a gross disparity between the value received by a consumer and the price paid by the consumer; Failure of any merchant to honor any express warranty or any implied warranty as provided by State law to repair any merchandise except real estate. A rebuttable presumption that the merchandise is irreparable shall be raised when the merchant is notified within a reasonable time after the consumer discovers or should have discovered the disrepair and when the merchant has been given a reasonable opportunity to repair. In such a case the merchandise, at the election of the consumer, shall be either exchanged, if available, or all costs of purchase refunded, less ordinary wear and tear, if used. Finance charges are not to be included as a part of the cost of purchase. Failure of the vendor of a residential condominium unit to provide to the initial purchaser thereof all disclosure requirements as required pursuant to Section 11-126 of the Real Property Article of the Annotated Code of Maryland, as it may be from time to time amended. Violation of prohibited acts under Section 5-272 of Subtitle 5, Division 21, of the Prince George's County Code. The provisions of Subsection (a) shall apply to all services licensed under Division 21 of Subtitle 5 of the Prince George's County Code. In addition to Section 2-146(a), the following practices are declared to be unlawful in connection with the ownership and/or management of cemeteries. In determination of unreasonableness as provided for and required herein, the Director shall, among other factors, consider the practices, policies, rules, regulations, or prices of services of other cemetery authorities in Prince George's County and the Washington and Baltimore Metropolitan Areas and any model rules and regulations recommended by the collective action of the cemetery authorities in Prince George's County: The establishment by the cemetery authority of any unreasonable policies, practices, rules, regulations, or prices of services for the use, care, management, or protection of the property of the cemetery authority and its burial sites; The establishment of any unreasonable policies, practices, rules, regulations, or price structures that discriminate against any racial, ethnic, or religious group; The use of a contract of sale for burial rights that is not plainly printed or typewritten and retained, subject to inspection in the office of the cemetery authority and available to the consumer upon request, or the failure to provide, prior to the execution of a contract of sale, a current copy of the policies, practices, rules, or regulations and price structures for services of the cemetery; Failure to file by June 1 of each year, an accurate and fully disclosed statement listing all policies, practices, rules, regulations, and pricing structures for services with the Director and failing to inform the Director within thirty (30) days of any change in this report; Failure to allow the owner(s) of burial rights in a cemetery or the owner of cemetery goods and services to transfer, sell, or convey the same to any person or association, provided however, that nothing herein shall preclude the cemetery authority from placing reasonable restrictions on resale if said restrictions are included in the owner's sales contract and the cemeteries' rules and regulations. This paragraph shall not be applicable to those cemeteries owned and operated by municipal corporations; The gross neglect of uniform maintenance by the cemetery authority of all of those sections of the cemetery used for interment, provided that the cemetery authority has responsibility for such maintenance as a result of contract or receipt of perpetual or annual care income which is not being used for maintenance, or when such maintenance is required to correct damages caused by an act of the cemetery authority; Where an annual maintenance and/or perpetual fund exists, the refusal to make available an annual and accurate account of such fund to those owners of burial sites for which provision is made for annual maintenance or perpetual care funding; Failure by a cemetery authority to inform a consumer of any rule, regulation, price structure, or other condition which was made a part of the contract of purchase, or which is otherwise applicable to the installation or erection of a foundation, marker, monument, stone, or similar structure; Failure by a cemetery authority to accept markers, monuments, stones, or similar structures in compliance with reasonable regulations of the cemetery authority from outside sources, or to prohibit or by practice interfere with the timely installation of markers, foundations and/or footings, or the installation of their foundations by outside sources, provided that nothing in Section 2-146(c) shall be construed to prohibit a cemetery authority from: Requiring that the foundation for any markers, monuments, stones, or similar structures installed by outside sources be constructed in accordance with the criteria established and accepted by the cemetery and monument industry for the installation of markers, monuments, stones, or similar structures, providing that rules for installation are the same for third party monument sellers as for the cemetery authority; Designating nonmonument areas or burial sites of any cemetery prior to the sale of such designated areas or burial sites; or Contracting with a consumer for a sale of a marker, monument, stone, or similar structure, provided that the consumer is advised in writing prior to entering such contract of sale that he is otherwise permitted to make such purchases from outside sources. Discrimination and/or harassment by the cemetery authority against the installation of markers, monuments, stones, or similar structures purchased from any source other than the cemetery authority. Failure of a cemetery authority to disclose to the purchaser of cemetery goods and services all information required under the Federal Trade Commission Funeral Rule, as such information applies to the purchaser of cemetery goods and services; and to provide a disclosure statement in writing and signed by the cemetery authority and the purchaser with a copy provided to the purchaser. Failure of a cemetery authority to include in its disclosure the phone number and address for the local regulatory agency. Failure of a cemetery authority to retain for a period of three years after the delivery of all purchased cemetery goods and services a copy of the signed and dated Disclosure Statement for each purchaser of cemetery goods and services. Failure of a cemetery authority to file with the Director by June 1 of each year and to maintain and display, at the point of sales, a map or plat which identifies the Section name, Lot number, and Site number of each burial site and which clearly identifies each burial site which contains human remains and each burial site which has been sold. Failure of a cemetery authority to record on each contract for a burial site the Section name, Lot number, and Site number of each burial site. Failure of a cemetery authority to engrave, etch, or cast, or cause to be engraved, etched, or cast, the Section name, Lot number, and Site number of each burial site upon each marker or monument. In addition to Section 2-146(a), the following practices are declared to be unlawful in connection with the practice of funeral direction or the practice of mortuary science, as those practices are defined in the Health Occupation Article of the Annotated Code of Maryland: Failure of a person to make disclosure to the purchaser of funeral direction or mortuary services of all information required to be made by the Federal Trade Commission, as those requirements may be from time to time amended; Failure of a provider of funeral direction or mortuary services to retain for a period of three years a copy of the signed and dated Federal Trade Commission Disclosure Form for each purchaser of funeral direction or mortuary services. The following practices and conduct are declared to be unlawful, unfair and deceptive in connection with actions by landlords with respect to rental housing: Failure of the landlord to correct substandard living conditions of their rental properties. Landlord's misleading advertising of amenities of their rental properties. Landlord's failure to maintain essential services required on their rental properties. Unwarranted fees assessed by landlords upon tenants in their rental properties. Persistent housing violations by landlords on their rental properties.

The Director shall have the power to: Receive and investigate complaints from all persons affected by potential or actual violation of this Division, or to initiate its own investigation of frauds and unfair dealings against such persons; Issue subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records and other evidence in any matter over which this Division applies; administer oaths or affirmations to any person whose testimony is required; interrogate witnesses; inspect premises; require written answers to questionnaires; require periodical written reports and the filing of statements; Issue cease and desist orders with respect to unlawful consumer practices; Report to the appropriate law enforcement officers any information concerning violations of any consumer protection laws, the reporting of which to be within the discretion of the Director; Represent the interest of consumers generally before administrative and regulatory agencies and legislative groups; Assist, advise, and cooperate with local, State, and Federal agencies and officials to protect and promote the interest of the County consumer public; Assist, develop, and conduct programs of consumer education and information through publications and other materials prepared for distribution to the County Consumer public; Undertake activities to encourage local business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, promotion and sale of consumer merchandise and services, and in the extension of credit; and, Exercise and perform such other functions, powers, and duties as may be deemed necessary or appropriate to protect and promote the welfare of County consumers.

In addition to the powers provided in Section 2-147, the County, on behalf of the Director, shall have the authority: To seek and obtain, in an action in the Circuit Court, an injunction prohibiting a continuing violator of this Division, or a person disobeying a subpoena of the Director, or a repeated, persistent, or multiple violator from continuing unlawful practices or engaging in such activities after appropriate notice to such person. Such notice shall state generally the relief sought and be served at least ten (10) days prior to the institution of such action; To vacate, annul, or suspend the Traders or Business License of any person licensed under the laws of this County; In lieu of instituting or continuing an action or proceeding, the Director may accept written assurance of discontinuance of any act or practice in violation of this Division. Such assurance may include a stipulation for the payment by the violator of the costs of investigation and may also include a stipulation for the restitution by the violator to consumers of money, property, or other things received from such consumers in connection with a violation of this Division. An assurance entered into pursuant to this Section shall not be deemed to admit the violation unless it does so by its terms. Violation of an assurance entered into pursuant to this Section shall be treated as a violation of this Section and shall be subject to all the provisions herein.

In any action brought under the provisions of this Division, the County is entitled to recover from a violator the costs for investigation and hearing; provided an improper practice or a violation of any written assurance in Subsection 2-148(3) or consent finding in Subsection 2-148(3) is found to exist.

Any person subjected to unlawful practice or conduct in violation of this Division may file with the Director a complaint in writing. The complaint shall state the name and address of the person alleged to have committed the violation complained of and the particulars thereof, but the Director may relax this requirement for illiteracy or for other good cause. Upon filing a complaint as set forth in this Section, the Director shall make such investigation as it deems appropriate to ascertain facts and issues. If the Director shall determine that there are reasonable grounds to believe a violation has occurred and is susceptible of conciliation, the Director shall attempt to conciliate the matter by methods of initial conference and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal. Nothing said or done during such initial conferences shall be made public by the Director or any member of the staff of the Department of the Environment unless the parties agree thereto in writing.

The Director is authorized to seek the cooperation of all departments and agencies of the County Government in connection with any investigation under this Division, or to refer any matter which poses a serious legal problem to a legal referral agency or to any other agency suited to handle such problems.

The terms of conciliation agreed to by the parties may be reduced to writing and incorporated into a consent finding to be signed by the parties. This agreement is for conciliation purposes only and does not constitute an admission by any party that the law has been violated. (b) It shall be a violation of this Division to violate or fail to adhere to any provision contained in a consent finding. Any failure by the Director to enforce compliance with any provision of a consent finding shall not constitute a waiver of any right of the Director or provision of such agreement.

If the Director determines that the complaint lacks reasonable grounds upon which to base a violation of this Division or is not within the jurisdiction of the Director under the provisions of this Division, the Director may dismiss such complaint or order such further investigation as may be necessary. The Director may determine that the complaint should be forwarded for handling to the Office of the Attorney General of Maryland or other appropriate agency.

The Director, with respect to a matter which the Director believes may involve a violation of this Division, may hold a public hearing to determine whether a violation has been committed. The Director shall mail a copy of the statement of charges, by registered or certified mail, first class, return receipt requested, to the respondent. The Director shall mail notice of the time and date of the hearing to all other parties of record by regular mail. The provisions of paragraphs (1) and (2) of this Subsection shall not preclude the use of other methods of service in addition to those prescribed above. The hearing shall be open to the public and shall be held not less than ten (10) days after service of the statement of charges. The parties of record may, at their option, appear before the Director in person or by duly authorized representative or may have the assistance of an attorney. The parties may present testimony and evidence, and the right to cross-examine witnesses shall be preserved. All testimony and evidence shall be given under oath or by affirmation and may be required by the issuance of a subpoena signed by the Director. Irrelevant, unduly repetitious, or protracted testimony and evidence shall not be permitted. Hearings may be limited by the Director, provided the parties are so notified prior to the hearing. The Director shall keep a full record of the hearing. Such record shall be public and open to inspection by any person. Upon request by any interested party to the proceeding, the Director shall furnish such party a copy of the hearing record at such cost as the Director deems appropriate.

If, at the conclusion of the hearing, the Director shall determine, upon the preponderance of testimony and evidence, that the person complained against has violated this Division, the Director shall state findings and issue an order requiring the person complained against to cease and desist from such unlawful conduct or practice, and to take such affirmative action, including but not limited to an order for restitution of money or property, as will effectuate the purposes of this Division. The Director shall mail copies of the order to the respondent and to all other parties of record by regular mail. In addition, a civil penalty in an amount not to exceed One Thousand Dollars ($1,000) may be ordered by the Director upon a finding of a violation of this Division together with: A pattern of consumer fraud as demonstrated by two (2) or more additional proven violations, all occurring within a single twelve (12) month period and all based on the same or similar consumer complaints; and A pattern of defiance of orders of the Director for restitution and/or to cease and desist as demonstrated by two (2) or more outstanding orders where the respondent has failed to comply with said orders and all rights of appeal have been exhausted. In determining the imposition and amount of any civil penalty, for a pattern of consumer frauds as in paragraph (b)(1), above, the Director shall consider the following: The respondent's history of violations of this Division; The nature and gravity of the violations; The respondent's efforts at cooperation in resolving complaints; The ratio of the number of violations to the volume of the respondent's business; and The degree to which the respondent's failure to accept negotiated settlements on the consumer complaints resulting in findings of violations was based on good faith defenses to the charges. The order shall contain a notice that if the Director determines that the person complained against has not, after thirty (30) calendar days following service of its order, corrected the unlawful conduct or practice and complied with the order, the Director will transmit the matter to the Office of Law for enforcement pursuant to this Division. Any determination by the Director of violation of this Division shall constitute a conclusive finding. The County Attorney may institute, in the name of the County, a body politic, civil proceedings, including the seeking of such money judgments, restraining orders and temporary or permanent injunctions, as are necessary and proper to obtain complete compliance with the Director's order.

If, at the conclusion of the hearing, the Director determines, upon the preponderance of the testimony and evidence, that the person complained against has not violated this Division, the Director shall state findings and issue an order dismissing the complaint.

If, at any time a complaint has been filed, the Director believes that appropriate civil action to preserve the status quo or to prevent irreparable harm appears advisable, the Director shall transmit the matter to the Office of Law. The Office of Law may bring, in the name of the County, a body politic, any action necessary to preserve such status quo or to prevent such harm, including the seeking of temporary restraining orders and preliminary injunctions. The County Attorney is authorized to take such actions.

The Director may adopt rules and regulations for the conduct of hearings under this Division. The rules and regulations shall be made available to the public.

Nothing in this Division shall prevent any person from exercising any right or seeking any remedy to which he might otherwise be entitled, or from filing any complaint with any other agency, including State and Federal agencies. Any aggrieved person is authorized to appeal a decision or order of the Director pursuant to this Division to the Board of Administrative Appeals.

This Division does not annul, alter, or affect, or exempt any seller or lender from complying with the Laws of Maryland relating to consumer transactions, except to the extent that those laws are inconsistent with the provisions of this Division, and then only to the extent of the inconsistency.

There shall be a nonabatement of complaints or legal action pending under the existing laws at time of passage of this Division.

All contracts for the sale of real property located in this County shall contain the following terms of sale, or other wording identical in its effect: "Seller(s) certifies that Seller(s) has no knowledge of any published staff draft or adopted land use plan (or adopted Zoning Map Amendment) which may result in condemnation or taking of any part of Seller's(s') property. Buyer(s) acknowledge(s) that Buyer(s) is aware that information relative to (1) government plans for land use, roads, highways, parks, transportation, etc., and (2) rezoning is available for inspection at the County Administration Building, Upper Marlboro, Maryland, at www.PGAtlas.com, and http://www.pgplanningboard.org. Buyer(s) further acknowledges, and is strongly encouraged to take advantage of his/her opportunity to examine the above referenced information and any other information pertaining to the property that is relevant to Buyer prior to signing or entering into the contract of sale". Any contract for the sale of residential real property located in this County, for which the Department of Public Works and Transportation has recorded a covenant deferring future costs for street improvements for which the purchaser may be liable, shall contain disclosure of this condition by the seller (owner). Any contract for the sale of residential real property located in this County, for which the seller does not hold record title or a Land Records receipt for recording at the time the contract is signed, shall be accompanied by the following notice, on a separate sheet no smaller than the largest contract page: NOTICE TO PURCHASERSPLEASE TAKE NOTICE that the Seller of the Property in this Contract Does Not Presently Hold Title to the Property, in the Land Records of Prince George's County.COUNTY LAW REQUIRES THE SELLER to Inform the Purchaser, to Inform the Purchaser, at the Time the Contract is Signed, that the Seller Does Not Presently Hold Title to the Property.

This notice shall be signed and dated by purchaser and seller at the time the contract is signed, and copies shall be retained by purchaser and seller as part of the contract. Any person who violates requirements in this Subsection is guilty of a misdemeanor and subject to the penalties provided in Subtitle 1. Any contract for the sale of residential real property that is located within one (1) mile of a general aviation airport, as defined in Subtitle 27 of the County Code, shall include, as an attachment to the contract of sale, a General Aviation Airport Environment Disclosure Notice, in a form approved by the Planning Board. The General Aviation Airport Environment Disclosure Notice shall be dated and signed by the purchaser(s) and the seller(s). If the seller is represented by a real estate agent, the agent shall ensure that the Disclosure Notice is provided to the purchaser, or purchaser's agent. Any contract for the sale of residential real property located in this County which is subject to a Tree Conservation Plan shall be accompanied by the following notice, on a separate sheet no smaller than the largest contract page: NOTICE TO PURCHASERSPLEASE TAKE NOTICE that the Property in this Contract is subject to a Tree Conservation Plan that requires the conservation and protection of the trees and other woody plants that comprise the woodland and restricts the use of the property by the owner within the Tree Conservation Plan area. Failure of the owner of the Property to protect the woodland in a Tree Conservation Area may result in a fine and an obligation to restore the woodland or mitigate the damage to the woodland through the payment of money or other appropriate means.THE SELLER IS REQUIRED to inform the Purchaser at the time the Contract is signed, that the property is subject to a Tree Conservation Plan and provide a copy of a plat of the property that depicts the area subject to the Tree Conservation Plan.

This notice shall be provided by the seller before the execution of the contract of sale by the purchaser. This notice, signed or initialed and dated by the purchaser and seller, shall be provided at the time the contract is signed, and copies shall be retained by purchaser and seller as part of the contract. Any person who violates requirements in this subsection is guilty of a misdemeanor and subject to the penalties provided in Subtitle 1. A purchaser who does not receive the Notice to Purchasers on or before the date the contract of sale is entered into may rescind the contract within five (5) days following receipt of the Notice to Purchasers. Any contract for the sale of residential real property located in this County, for which there are deferred private water and sewer assessments recorded by a covenant or declaration deferring costs for water and sewer improvements (front foot benefit charge) for which the purchaser may be liable, shall contain disclosure of this condition, including the amount of the annual assessment, the approximate number of years remaining on the assessment, the name and address of the party most recently responsible for collection of the assessment, by the seller (owner) at the time the contract is signed. Any contract for sale of residential real property with a recorded scenic easement from the National Park Service due to the location of the property in the Mount Vernon Historic Viewshed shall contain disclosure advising of the existence of the easement. The failure of a contract to comply with the requirements of Subsections (a), (b), (c), (d), (g), and (h) shall enable a party to the contract who is aggrieved by such failure to rescind the contract at any time prior to settlement. The right of rescission provided by this Subsection is not an exclusive remedy, and any other right or cause of action available to a party to the sales contract shall remain. No contract for the sale of real property located in the County shall contain any statement in violation of Sections 29-124 and 29-125. Notwithstanding any other provision of this Division, the jurisdiction of the Department of the Environment shall not extend to this Subdivision except for the purpose of assisting in consumer education and information as to the requirements of this Section.

There is created as an integral part of the government of the County, Cannabis Reinvestment and Restoration Board.

The purpose of the Cannabis Reinvestment and Restoration Board shall be to issue monies from the funds distributed to Prince George's County from the Community Reinvestment and Repair Fund pursuant to section 1-322 of the Alcoholic Beverages and Cannabis Article of the Maryland Code; and make policy recommendations to the County Executive and County Council.

In this Division the following terms shall have the denoted meanings: Area Median Income means the median household income for the Washington-Arlington-Alexandria DC-VA-MD-WV Metropolitan Statistical Area as estimated by the U.S. Department of Housing and Urban Development, adjusted by household size based on the occupancy standard for the unit. Board means the Cannabis Reinvestment and Restoration Board. Community-Based Organization means a public or private company, corporation, limited liability company, neighborhood group, organization, or partnership that provides education, vocational education or rehabilitation, job training, health, social services, or economic uplift to individuals in the County. Demonstrated Knowledge means an individual who has displayed competency in a subject, as demonstrated by: publishing written material, delivering programmatic offerings to the public, or creating and providing to the public educational materials. Disproportionately Impacted Area means a geographic area identified by the Office of Social Equity that has had above 150% of the State's 10-year average for cannabis possession charges. Fund means the Community Reinvestment and Repair Fund pursuant to section 1-322 of the Alcoholic Beverages and Cannabis Article of the Maryland Code. Heavily Impacted by the Criminal Justice System means those who have been incarcerated or detained in a prison, immigration detention center, local jail, juvenile detention center, or any other carceral setting, those who have been convicted of a felony but not incarcerated, and those who have been charged but not convicted of a felony. Low-Income Community means a community where the average household income is less than eighty percent (80%) of the Area Median Income. White Supremacy means the belief, theory, or doctrine that white people are superior to those of other races and thus should dominate them.

Member Appointments. The Board shall be comprised of thirteen (13) members appointed by the County Council and County Executive pursuant to Section 402 of the County Charter: The County Council shall appoint nine (9) members representing each of the nine (9) councilmanic districts. The County Executive shall appoint four (4) members as follows: One (1) member from a Community-Based Organization that works with a Low-Income Community; One (1) member from a service provider to incarcerated individuals or individuals with criminal(s) record(s); One (1) member from the Office of Management and Budget to serve as an ex officio member, and One (1) member who has been Heavily Impacted by the Criminal Justice System. Requirements for Appointment. An individual who is interested in becoming an appointed member of the Board must submit an application describing the individual's demonstrated knowledge of one (1) or more of the following to the elected office that he or she is seeking an appointment from: The history of the resistance of people of African descent to White Supremacy, enslavement, Jim Crow laws, and other examples of racial violence and discrimination; The history of the resistance of racial, ethnic, and other minority groups against discrimination, violence, and inequality; The needs of individuals returning to the community after incarceration; The impact of the disproportionate enforcement of drug laws on the quality of life experience by racial and ethnic minorities, especially people of African descent, including specialization in: The disruption of families; Exposure to the prison system; Trauma experienced as a result of community and police violence; or Another similar factor contributing to quality of life; and Methods for delivering community investment that empower marginalized people to have a voice in the distribution of resources.

Generally. The initial terms of voting members shall be staggered so as follows: Three (3) members appointed by the Council shall serve initial terms of two (2) years; Three (3) members appointed by the Council shall serve initial terms of three (3) years; Three (3) members appointed by the Council shall serve initial terms of four (4) years; and Four (4) members appointed by the County Executive shall serve initial terms of four (4) years. After the expiration of the initial terms, all members shall serve four-year (4) terms. A member whose term has expired holds over until a successor is appointed. No member may serve more than two (2) consecutive full terms. Any member that serves an initial term of less than four (4) years may serve an additional two (2) consecutive full terms. Removal. Any member may be removed from the Commission, if three-fourths (¾) of the Board members move to remove a member for neglect of duty or misconduct in office; or as otherwise provided for in the Charter. Vacancies. Vacancies shall be filled for an unexpired term in the manner of original appointment.

One (1) member of the Board shall be elected as chair by majority vote of the members of the Board.

The Board must meet at the call of the chair as frequently as required to perform its duties, but not less than one (1) time each quarter of the calendar year. All meetings shall comply with the Maryland Open Meetings Act and this Code. A simple majority of the voting members of the Board shall serve as a quorum. An affirmative vote by the majority of a quorum is needed for any official action.

Each member of the Board shall be compensated subject to the availability and appropriation on monies allocated from the State to the Fund in accordance with the provisions of Subtitle 2, Division 24, of this Code.

The members of the Board shall: Develop and administer a public process for interested entities or organizations to apply for monies from the Fund. The Board shall prioritize requests from: Community-Based Organizations offering services and programs intended to benefit Low-Income Communities; or Community-Based organizations that have been historically underfunded; or Community-based Organizations offering services in Disproportionately Impacted Areas. Develop recommendations, with community input, for the use of the Fund for the upcoming fiscal year; and deliver a summary of awards to the County Council for approval by Resolution prior to disbursing any monies from the Fund. Make recommendations to the County Executive and County Council regarding repairing the damage done to communities most impacted by the disproportionate enforcement of the Cannabis prohibition determined by the Office of the Attorney General. The Board shall issue Reports subject to Section 2-171.

As required by section 1-322(b)(2)(ii) of the Alcoholic Beverages and Cannabis Article of the Maryland Code: Beginning on December 1, 2024, and every two (2) years thereafter, the Board shall create and publish the report explaining how the funds received from the Fund were spent during the immediately preceding two (2) fiscal years and the report shall be submitted to the following recipients: The Governor, The State Budget and taxation Committee, The House Appropriations Committee, The County Executive, The County Council, The Office of Management and Budget, and Any other entity required by State law. The Board shall prepare an annual report detailing the: (a) recommendations of Section 2-170(b), (b) summary of applicants, and (c) the final distribution of monies from the Fund for the prior fiscal year. The report shall be delivered to the County Executive and County Council by November 1, 2024 and each November 1 thereafter. Each member of the Board shall submit a financial disclosure statement in accordance with and pursuant to section 2-294, Division 17, Subtitle 2 of the County Code.

There are hereby established the following County health resource advisory councils to plan, coordinate, assess, evaluate, and make recommendations for the improvement of existing services and the development of new programs and facilities in their respective designated areas of concern as hereinafter delineated: The Mental Health Advisory Committee; The Emergency Medical Services Advisory Council.

The Mental Health Advisory Committee for Prince George's County, hereinafter referred to as the "Advisory Committee," is established pursuant to Section 10-308, et seq., Health-General Article, Annotated Code of Maryland, to serve as advocate for a comprehensive mental health system for persons of all ages and shall have and exercise the powers, duties, and functions provided hereinafter. The voting membership shall be representative of the County's major socioeconomic and ethnic groups and shall consist of: Seven (7) representatives to be selected from among the following groups or agencies: The County Board of Education; The County Department of Social Services; The County Medical Society; Mental health professionals who are not physicians; Member of the clergy; The Prince George's County Bar Association; The Mental Health Association of Prince George's County; The Police Department; The Sheriff's Department; A local general hospital that contains an inpatient psychiatric unit; A local agency working with the elderly; The Department of Juvenile Services; A local alcohol and drug abuse agency; A local community rehabilitation or housing program; and Members of the general public. At least two members shall be appointed from (G) and (O), above. At least seven (7), but no more than nine (9), individuals shall be selected from among the following groups or organizations: At least two (2) individuals who are currently receiving or who have in the past received mental health services; Parents or other relatives of adults with mental disorders; Parents or other relatives of children or adolescents with emotional, behavioral, or mental disorders, the onset of which occurred during childhood or adolescence. The nonvoting ex-officio members shall be the following individuals or their designees: The County Executive; A Member of the County Council; The County Health Officer; The Director of the Mental Hygiene Administration, Southern Regional Office; A representative from at least one of the State inpatient facilities that serves the County to be appointed by the Director of the Mental Hygiene Administration; The Director of the Directorate of Mental Health of the County Health Department; The Director of the Core Service Agency. The term of office of each voting member of the Advisory Committee shall be for three (3) years, commencing on the first day of July of the year of an appointment. The terms of one-third of the members shall end each year. Members who have served two (2) consecutive, full three-year terms shall not be eligible for reappointment for a period of two (2) years following completion of such terms.

A chairperson and other officers shall be elected annually from among and by the membership of the Advisory Committee. A member shall not serve as chairperson for more than two (2) consecutive years. The Advisory Committee shall meet in public session as frequently as required to perform its duties and exercise its responsibilities at least six times per year at the times and places that the Advisory Committee determines. The minutes of each meeting of the Advisory Committee shall be recorded and copies thereof shall be made available at cost to any interested party upon request. Any member of the Advisory Committee who fails, without an excused absence, to attend three (3) consecutive meetings of the Advisory Committee, or six (6) or more of the meetings of the Advisory Committee in any given calendar year, shall be considered to have resigned from the Advisory Committee. Any member of the Advisory Committee may be removed by the County Executive, pursuant to Section 507 of County Charter. The Advisory Committee shall adopt bylaws governing the conduct of its meetings and other official duties and activities. The Advisory Committee may create internal subcommittees and solicit the assistance of additional participants as needed. The County Health Officer shall annually confer with the Advisory Committee in order to ascertain the need for and provide such staff services to the Advisory Committee as are, in the Health Officer's judgement, essential to insure that the Advisory Committee's work is facilitated. Upon establishment of a County Core Service Agency, the Director of that agency shall assume the above duties.

The Advisory Committee shall have the following duties and responsibilities: To monitor, review, and evaluate the allocation and adequacy of publicly-funded mental health services for County residents through means such as conducting or participating in site visits; To determine the needs of the County mental health system, including quality of services, gaps in the system, and interagency coordination; To participate in the development of the local mental health plan and local mental health budget; To prepare and disseminate an annual report to the following: The Health Officer; The County Mental Health Director; The County Executive and County Council; The Director of the local Core Service Agency, if any; The regional mental health director; The Director of the Mental Hygiene Administration; The Secretary of the Department of Health and Mental Hygiene; and The Maryland Advisory Council on Mental Hygiene; The annual report shall include the following: A description of the progress of the County mental health system; Recommendations on actions needed to improve the system; Recommendations on priorities for allocation of funds; and In accordance with those priorities and after consideration of financial resources, recommendations on appropriate allocation of funds; To review and comment on the annual Core Service Agency or County mental health plan and preliminary budget, prior to submission of the budget to the State; and To review and comment on the annual fiscal report.

There is hereby established a Prince George's County Emergency Medical Services Advisory Council, hereinafter referred to as "EMSAC," to develop an emergency medical health systems plan for Prince George's County; to promote cooperation among lay and professional health resources concerned with emergency health care in Prince George's County; to advise all agencies concerned with health services of the County personnel, services, and equipment used or required to be used for effective delivery of emergency health services. Voting members of the EMSAC shall be appointed in conformity with County Charter provisions. Initial appointments shall be made within thirty (30) calendar days of the effective date of the enactment of this Division. The voting membership of the EMSAC shall be so constituted so as to provide the following representation: One (1) member representing the County Council; One (1) member representing the County Executive; One (1) member representing the County Department of Education; One (1) member representing the County Medical Society; One (1) licensed physician representing the emergency department of a County-operated hospital; One (1) licensed physician representing the emergency department of a privately-operated hospital within the County; One (1) nurse representing the emergency department of a County-operated hospital; One (1) nurse representing the emergency department of a privately-operated hospital within the County; One (1) member representing the County Police Department; Two (2) members representing the County Fire Department, one (1) each concerned with the areas of operations and training, respectively; One (1) member representing the County Volunteer Fireman's Association; One (1) member representing the County Volunteer Rescue Squad Association; One (1) member representing the County Office of Emergency Preparedness; One (1) member representing a news or mass media organization in the Washington Metropolitan Statistical Area; One (1) member representing the Prince George's County Chapter of the American Red Cross; One (1) member representing the Heart Association of Prince George's County; One (1) member representing the County Bar Association; One (1) member representing the administrative staff of a County-operated hospital; One (1) member representing the administrative staff of a privately-operated hospital within the County; One (1) member representing the County Health Officer; One (1) member representing the Director of the County Department of Hospitals and Health Services; and At least three (3) members representing citizens of the County who are consumers rather than providers of emergency medical services. In addition to the voting members, the ex officio, nonvoting member of the EMSAC shall be a representative of the Maryland Division of Emergency Medical Services for Region 5. Said ex officio member shall not require appointment and confirmation pursuant to Section 322 of County Charter, but shall serve at the pleasure of the appointing body.

The terms of office of each voting member of EMSAC shall be for three (3) years, commencing on the first day of July of the year of an appointment; except, that of the members initially appointed to EMSAC, one-third (1/3) shall be appointed for a period of one (1) year, one-third (1/3) shall be appointed for a period of two (2) years, and one-third (1/3) shall be appointed for a period of three (3) years. The officers of EMSAC shall be elected annually from among and by its voting membership. EMSAC shall meet in public session on call by the Chairman, but not less than once each quarter. The minutes of each meeting shall be recorded and copies thereof be made available to any interested party upon request at cost. Any member who fails, without an excused absence, to attend three (3) consecutive meetings of EMSAC, or six (6) or more meetings in any given calendar year, shall be considered to have resigned from EMSAC. Any member may be removed by the County Executive, pursuant to Section 507 of County Charter. EMSAC shall adopt bylaws governing the conduct of its meetings and other official duties and activities. EMSAC may create internal subcommittees and solicit the assistance of additional participants as needed. EMSAC shall receive technical assistance and full-time, professional staff support on a regular and timely basis from the Director of the County Department of Hospitals and Health Services.

EMSAC shall assist the Director of the County Department of Hospitals and Health Services in the preparation of, and in the revision of, on an annual basis thereafter, an emergency medical health systems plan for the County. EMSAC shall annually prepare a report on the progress of the County's health program in the area of emergency medical services and care and shall include therein recommendations for program improvements. Each such report shall be distributed to the County Executive and the County Council. EMSAC shall make recommendations to the County Executive and the County Council for the appropriate allocation of funds associated with emergency medical services and programs in accordance with the priorities set forth in the County's current emergency medical health systems plan, as prepared under Subsection (a), above, and in consideration of available financial resources. EMSAC shall promote cooperation with the Maryland Division of Emergency Medical Services for Region 5 and with other similar organizations functioning within the Washington Metropolitan Statistical Area.

There is hereby established the Nursing Home Advisory Committee (NHAC) which shall consist of nine (9) members appointed for three (3) year terms or until their successors are confirmed. All terms shall commence on July 1 and terminate on June 30. No member shall serve more than two (2) full consecutive terms. Each member shall be a resident of Prince George's County, Maryland. Members of the NHAC shall serve without compensation. One (1) of said members shall be a representative of the Prince George's County Department of Health; one (1) of said members shall be a representative of the Prince George's County Department of Services and Programs for the Aging; one (1) of said members shall be a representative of the Prince George's County Medical Society; one (1) of said members shall be the owner and/or administrator of a nursing home located in Prince George's County; five (5) of said members shall be of the Public at large, provided that three (3) of the five (5) shall be representatives of the senior citizen population within Prince George's County. For the purpose of the foregoing, the term "senior citizen" shall mean any person fifty-five (55) years of age or older. For the first nine (9) members appointed to the NHAC, two (2) public members and the Medical Society member shall be appointed for one (1) year terms; one (1) public member, the Department of Services and Programs for the Aging member and the nursing home owner and/or administrator member shall be appointed for two (2) year terms; and two (2) public members and the Health Department member shall be appointed for three (3) year terms. The members of the NHAC shall be appointed by the County Executive and confirmed by the County Council pursuant to Section 322 of the Charter. Every appointment shall specify the term or remaining portion thereof for which the appointment is made. Any member of the NHAC may be removed by the County Executive pursuant to Section 507 of the County Charter.

The officers of the NHAC shall be elected annually from among and by the membership of the Advisory Committee. The chairmanship of the NHAC shall not be held by the same person for more than two (2) consecutive years. The NHAC shall adopt Bylaws governing the conduct of its meetings and other activities. The NHAC may create internal subcommittees and solicit the assistance of additional participants as needed. The Prince George's County Department of Health shall provide staff assistance as needed by the NHAC.

The NHAC shall assist the County Council sitting as the Board of Health and the County Health Officer in the following ways: To review and make recommendations on nursing home policies and programs as they relate to the licensing and regulation of nursing homes in Prince George's County; and, To meet with members of the nursing home industry in Prince George's County to discuss matters of mutual concern and to advise County Council sitting as the Board of Health and the County Health Officer as to the need for legislation pertaining to nursing home policies and regulations.

There is hereby established the Substance Abuse Advisory Council. The Council shall be appointed by the Executive, subject to confirmation by the County Council, pursuant to Section 322 of the Charter. The Substance Abuse Advisory Council shall consist of the following voting members: One (1) member representing the County Executive and one (1) member representing the County Council; One (1) member representing the Board of Education; One (1) member representing the Department of Social Services; One (1) member from the Prince George's County Medical Society representing practicing physicians; One (1) member representing the clergy; One (1) member representing the legal profession; Two (2) members employed in local alcoholism and drug abuse treatment programs; One (1) member representing the nursing profession; One (1) member representing the County Mental Health Association; One (1) member representing the Southern Maryland Health Systems Agency; One (1) member representing veterans' concerns; and At least nineteen (19) members representing the community as a whole, ten (10) of whom shall be of high school age. The term of office of each voting member of the Substance Abuse Advisory Council, except the student members, shall be for three (3) years, commencing on the first day of July of the year of appointment. Appointments shall be staggered so that one-third (1/3) expire each year, exclusive of student members. The student members shall be appointed for terms of one (1) year. Members who serve two (2) consecutive full terms are not eligible for reappointment for three (3) years following completion of their terms. The County Health Officer and the Drug Policy Coordinator shall be ex officio members of the Substance Abuse Advisory Council. Additional County department heads and employees may be designated as ex officio members of the Substance Abuse Advisory Council by Executive Order. Officers shall be elected annually by the voting members. A member may not be Chairman for more than two (2) consecutive years.

The Substance Abuse Advisory Council shall have five (5) standing subcommittees and a nine (9) member policy board. The policy board shall be composed of the Chairman of each of the five (5) subcommittees and four (4) citizen members of the Substance Abuse Advisory Council. Each subcommittee shall be comprised of a minimum of five (5) members of the Substance Abuse Advisory Council, at least two (2) of whom shall be citizen members and two (2) of whom shall be student members. The duties of the Substance Abuse Advisory Council Policy Board are as follows: Periodically review, with the advice and assistance of the State Advisory Council on Alcohol and Drug Abuse, available services and facilities and determine local substance abuse program needs; Advise and report annually to the County Health Officer, the County Executive, and the County Council, and through the Drug Policy Coordinator to the Directors of the State Alcoholism Control Administration and the Drug Abuse Administration on the progress of the local substance abuse control program and the actions needed for further improvements; Make recommendations for appropriate allocations of funds in accordance with agreed-upon priorities and consideration of financial resources; Assist the Drug Policy Coordinator in the development of the annual alcoholism and drug abuse plan; Review and comment on all local new and renewal State grant applications; Review and comment on all local federal grant applications for alcoholism and drug abuse programs; Provide input to the State Advisory Council on Alcoholism Control; Act as a local advocate for alcoholism and drug abuse programming; Participate in program evaluation; Review of the State alcoholism plan and drug abuse plan. The five (5) advisory subcommittees shall have the following duties and purposes: The Business and Labor Advisory Subcommittee shall identify and make recommendations concerning work place policies and the role that businesses can play in the County's plan to eliminate substance abuse. The Education Advisory Subcommittee shall identify and make recommendations concerning effective methods to teach substance abuse awareness. The Community Involvement Advisory Subcommittee shall identify and coordinate the efforts of service clubs; recreation and community groups; religious institutions; and civic, tenant, and condo organizations that are designed to create a substance-free environment. The Law Enforcement Advisory Subcommittee shall provide policy recommendations and coordinate the efforts of the County's public safety agencies in efforts to fight substance abuse. The Medical Treatment Advisory Subcommittee shall identify and make recommendations concerning County-wide needs for providing drug treatment and prevention programs.

The Prince George's County Historical and Cultural Trust is created for the purpose of preserving and maintaining historical, aesthetic and cultural properties, buildings, fixtures, furnishings, and appurtenances pertaining in any way to Prince George's County from earliest times, to encourage others to do so and to promote interest in and study of such matters.

The purpose of the Trust is declared to be of general benefit to the citizens of the County and charitable in nature. The Trust shall be a body corporate and shall have perpetual existence, subject to modifications by the General Assembly of the State of Maryland if the same is necessary to effectuate the purpose of the Trust and subject to termination by the General Assembly when and if its substantial purpose ceases.

The powers and duties of the trustees shall be vested in and exercised by a body of fifteen (15) trustees. One (1) member of the Board shall be a member of the Maryland House of Delegates. As the terms of the appointed trustees expire, the County Executive shall appoint their successors for a term of four (4) years. In the event that a trustee for any reason fails to serve or to complete any appointment or elected term, the successor shall be appointed by the Executive. The selection of trustees shall be such as to obtain a geographical distribution of trustees throughout the County in so far as practicable and consistent with the purpose of the trust.

The Trustees shall serve without compensation.

The Trustees shall have the following powers and duties: Acquire, preserve and maintain historic, aesthetic and cultural properties, buildings, fixtures, furnishings and appurtenances pertaining in any way to the County from earliest times, to encourage others to do so and to promote interest in and study of such matters. Acquire and hold real and personal property of historic, aesthetic or cultural significance, by gift, purchase, devise, bequest, or by any other means and to preserve and administer such properties; to charge reasonable admission fees to such properties and to determine which of such properties are deserving of County financial aid. In the acquisition of such properties, to acquire property adjacent thereto deemed necessary for the proper use and administration of historic, aesthetic or cultural property. Accept gifts, legacies, bequests and endowments for any purpose which falls within that of the Trust and unless otherwise specified by the person making such gift, legacy, bequest, and endowment the Trustees may expend both principal and income of any such gift, bequest, legacy, or endowment of money in furtherance of the Trust or invest the same in whole or in part in general obligations of the County or the State. Apply all monies, assets, property or other things of value it may receive as an incident to its operation to the general purpose of the Trust. Cooperate with and assist, insofar as practicable, the Maryland Historical Trust or any agency of the State or any of its political subdivisions, and any private agency or person in furtherance of the purpose of the Trust. Take any action necessary and proper to effectuate the powers expressly conferred by this Division. Adopt, subject to the terms of this Division, such rules as are necessary and proper for the regulation of their own government or to effectuate the purpose of the Trust. Delegate any of the powers conferred in this Division to any one (1) or more of the Trustees or to the Director of the Trust. The Trustees shall report annually to the Council their activities during the preceding year together with any recommendations or requests they deem appropriate to further the purpose of the Trust.

The Trustees shall elect one (1) of their number to serve as chairman. The Trustees shall meet at places and dates to be determined by the Trustees not less than two (2) times a year. The Director shall serve as secretary to the Board of Trustees. Special meetings shall be called by the Director upon order of the Chairman on the Chairman's own initiative and shall be called by the Director at the request of three (3) or more Trustees. All Trustees shall be notified by the Director in writing of the time and place of all meetings at least seven (7) days in advance of such meeting, except that meetings may be held on shorter notice if all Trustees shall agree. Four (4) trustees shall constitute a quorum. In the event that any time there is no Director of the Trust, his duties and powers shall devolve upon the Chairman.

The Trustees may appoint from without their number a Director of the Trust, to direct and administer the activities of the Trust subject to the direction and control of the Trustees. The Director shall be considered an employee of the Trust and not of the County and shall serve at such salary and may employ other persons at such salaries as are determined by the Trustees. The Trustees may remove the Director and any other personnel at their will.

The Trustees may request, and upon request, shall receive from the Office of Law all legal counsel and services necessary to carry out the purpose of the Trust.

The Trust is authorized to receive and the County is authorized to pay over and transfer to the Trust from time to time, subject to the limitations of Subsection (b) of this Section, monies or property to carry out the purpose of the Trust, provided that property transferred by the County to the Trust or purchased with funds paid by the County to the Trust and designated for such purchase may not be absolutely disposed of by the Trust without the approval of the Council. The Council may appropriate from time to time such sums as the Council may determine to be necessary for the purposes of the Trust.

Subject to the terms of Section 2-184, the Trust is authorized to sell, convey, assign, lease, or otherwise transfer or dispose of any property held by it and enter into any contracts incident thereto, including but not limited to the authority to lease properties for residential or commercial use, for such term and upon such conditions as the Trustees deem appropriate. Any leases made by the Trust shall be in immediate furtherance of the purpose of the Trust and not merely for investment purposes. Notwithstanding anything provided by law to the contrary, no lease made by the Trust shall be subject to redemption at the option of the tenant, unless expressly so provided therein.

Nothing contained in this Division shall be construed to limit the power or activity of any agency of this State or any subdivision thereof or any private agency or person interested in antiquities or history of the County from earliest times.

It shall be a function of the County government to foster and encourage the growth and development of the County in such a manner that all persons shall have an equal opportunity to pursue their lives free of discrimination imposed because of race, religion, color, sex, national origin, age, occupation, marital status, political opinion, personal appearance, sexual orientation, disability, familial status, or gender identity. Discriminatory practices based upon the foregoing criteria are declared to be contrary to the public policy of the County. The County government shall direct its efforts and resources toward eliminating discriminatory practices within the County in the areas of housing and residential real estate, employment, law enforcement, education, public accommodations, and commercial real estate where such practices may be found to exist. It is intended that the prohibitions in this Division are substantially similar, but not necessarily identical, to prohibitions in Federal and State law. The intent is to assure that a complaint filed under this Division may proceed more promptly than possible under either Federal or State law. It is not County policy, however, to create a duplicative or cumulative process to those existing under similar or identical Federal or State laws. Once a complaint is fully adjudicated under a similar or identical Federal or State law, the complaint should not be reprocessed under this Division if the effect is duplicative or cumulative.

As used in this Division: Act shall mean the law established hereunder, and any subsequent legislative act or executive order which lawfully assigns a responsibility to the Office of Human Rights (hereinafter "Agency") to eliminate discrimination or the denial of civil rights. Aggrieved Person shall mean any person who: Claims to have been injured by discrimination as defined in Section 2-186(a)(6) of this Subtitle; or Believes that such person will be injured by discrimination that is about to occur. Complainant shall mean the person alleging a violation under this Division. Covered multifamily dwelling shall mean buildings consisting of 4 or more units if such buildings have one or more elevators and ground floor units in other buildings consisting of 4 or more units. Disability shall mean a physical or mental impairment which substantially limits one or more of a person's major life activities, a record of having such an impairment, or being regarded as having such an impairment. Discrimination shall mean acting, or failing to act, or unduly delaying any action regarding any person because of race, religion, color, sex, national origin, age (except as required by State or Federal law), occupation, familial status, marital status, political opinion, personal appearance, sexual orientation, disability, or gender identity, in such a way that such person is adversely affected in the areas of housing and residential real estate, employment, law enforcement, education, public accommodations, or commercial real estate. Dwelling shall mean any building or structure, or portion thereof which is occupied as, designed, intended, or arranged for use or occupancy as a home, residence, or sleeping place of one (1) or more individuals. Employer shall mean any person engaged in legal industry affecting commerce, who has hired or contracted for the services of one (1) or more employees, or an agent of such person. Employer includes the Prince George's County Government. Employment agency shall mean any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person, but shall not include any agency of the Federal or State governments. Executive Director shall mean a person appointed by the County Executive to supervise the Agency and advise and assist the Human Rights Commission in its functions, and who shall serve at the pleasure of the County Executive. Familial status shall mean one or more individuals, who have not attained the age of eighteen (18) years, being domiciled with a parent or another person having legal custody of such individual or individuals; or the designee of such parent or other person having such custody, with the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall be extended to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. Gender Identity shall mean an individual's actual or perceived gender, including a person's gender-related appearance, expression, image, identity, or behavior and whether or not those gender-related characteristics differ from the characteristics customarily associated with the person's assigned sex at birth. Housing shall mean any dwelling for the use of one (1) or more individuals, groups or families, any mobile home site, and any land offered for sale, sublease, or lease for the construction of such dwelling, building, structure, or mobile home site. Informal hearing shall mean any inquiry, forum, investigation, or meeting at which compulsory processes are not invoked and a record is not prepared for the purpose of providing the basis of the Commission's compulsory processes. Informal hearings are not required to be open to public or press. Labor organization shall mean a person or organization which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization. Lending Institution shall mean any bank, insurance company, savings and loan association, or any other person or organization regularly engaged in the business of lending money or guaranteeing loans within the County. Mediation shall mean the attempted resolution of issues raised by a complaint through informal negotiations involving the complainant and respondent. Occupation shall keep its common meaning. In addition, under this Division it shall mean a principal lawful activity. Persons to be protected include, but are not limited to students, recipients of government assistance, retired persons, or persons with disabilities as defined in this Division, and any persons irrespective of income, who are denied the equal protection of the laws. Office of Human Rights staff shall be referred to as "the Agency"; the Commissioners of the Office of Human Rights, as defined by Section 2-187(a) shall be referred to as "the Commission" or "Human Rights Commission." Person shall include one (1) or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, agents, or receivers. Personal appearance shall mean the outward appearance of any person irrespective of sex, with regard to bodily condition or characteristics, manner or style of dress, and manner or style of personal grooming, including, but not limited to hair style or beards. It shall not relate, however, to the requirement of cleanliness, uniforms, or prescribed attire when uniformly applied for admittance to a public accommodation or a class of employees for a customary or reasonable business. Place of public accommodation shall include, but not be limited to, any wholesale or retail store, inn, hotel, motel, or other establishment which provides lodging to transient persons; or any restaurant, cafeteria, lunch room, lunch counter, soda fountain, or other facility at which food or alcoholic beverages are sold for consumption on the premises; or any gasoline station, motion picture house, theatre, concert hall, sports arena, stadium, or place of exhibition or entertainment. Political opinion shall mean the opinions of persons relating to government, or the conduct of government; or related to political parties authorized to participate in elections in the State. Residential real estate-related transaction shall mean any of the following: The making or purchasing of loans or providing other financial assistance— for purchasing, constructing, improving, repairing, or maintaining a dwelling; or secured by residential real estate; or The selling, brokering, or appraising of residential real property. Respondent shall mean: the person or other entity accused in a complaint of a violation under this Division; or person or any other entity identified during an investigation of a complaint and joined as an additional or substitute respondent. Sexual Orientation shall include, but is not limited to, the preference or practice of an individual as to homosexuality, heterosexuality, or bisexuality, or being regarded or identified as having such a preference. Solicit shall mean to request, invite, or induce, for monetary gain, by the following means: Going in or upon the property of the person to be solicited except when invited by such person; Contacting the person to be solicited by any means, to include but not limited to, telephone, text, social media, or messenger service, except when requested by such person; or Distributing handbills, circulars, or other advertising matter on private property or private vehicles, except as requested by owners of such property or vehicles. Solicitation does not include advertising in bona fide newspapers, magazines, radio, television, internet sites, or telephone directories. Source of income means any lawful verifiable source of money paid directly or indirectly to a renter or a buyer of a housing unit, including: Income received through any lawful profession or occupation, including but not limited to, bank statement, official government issued letters, pay stub or letter from an employer; Federal, state, or local government assistance including housing vouchers, medical assistance subsidies, rental assistance, and rent supplements as issued under the United States Housing Act of 1937; Any inheritance, pension, annuity, alimony, child support, trust, or investment accounts; Any gift verified by a letter or other means but, unless it is recurring throughout a tenancy, the gift may support one-time expenses only, such as a security deposit or pet fee; and Any sale or pledge of property if the sale or pledge will result in proceeds inuring to the recipient's benefit within sixty days of the application to rent a housing unit, purchase a housing unit, or purchase an interest in a housing unit. Wrongful practice shall mean an act for which the Commission shall have the power to issue Cease and Desist Orders and enforce through the Court. It shall not constitute a misdemeanor or a prohibited act as defined by Section 1-123 of this Code.

There is created a body of Commissioners of the Office of Human Rights composed of thirteen (13) members. The members shall be appointed by the County Executive and confirmed by the Council pursuant to the provisions of Section 322 of the Charter. Such members shall be broadly representative of the citizens of the County. Of the initial members of the Human Rights Commission: four (4) members shall be appointed for terms to expire one (1) year after the effective date of this Act; four (4) members shall be appointed for two (2) years from the effective date of this Act; and five (5) members shall be appointed for three (3) years from the effective date of this Act. The County Executive shall designate one (1) member of the Commission to serve as Chairperson, subject to confirmation by the Council. Thereafter, the term of office for each member shall be three (3) years. A member appointed to fill a vacancy occurring prior to the expiration of the term for which one's predecessor was appointed shall be appointed in the same manner as prescribed in Section 2-187(a) and shall serve for the remainder of such term.

The Commission shall adopt and publish its own rules and regulations, subject to the approval of the County Executive. The Commission shall meet at least once each month.

The Commission may establish special Hearing Panels consisting of at least three (3) members in Housing and Residential Real Estate, Employment, Law Enforcement, Education, Commercial Real Estate, and/or other areas as it deems necessary, operating under such rules as the Commission shall devise. Pursuant to the rules of the Commission, the Chairperson may also designate special subcommittees or may direct the Agency to make studies, inquiries, or investigations into particular matters which are within the jurisdiction of the Human Rights Commission.

The County Executive shall appoint an Executive Director. S/he shall supervise the operations of the Agency and shall perform such other duties as are prescribed by the Commission. The proposed budget of the Office of Human Rights shall be submitted to the County Executive in accordance with County budget procedures. Subject to the provisions of Article VIII of the Charter, it is authorized to expend funds derived from private grants, the State or the United States to carry out its functions and activities, and to cooperate with any agency of the State or the United States in carrying out its functions and activities.

The Agency shall make an annual report to the County Executive and the Council on or before October 1 of each year, outlining its activities during the preceding fiscal year. The report shall include statistics indicating the number and type of complaints filed and the disposition of complaints. The report shall include data on race and ethnic characteristics of those who have filed a complaint under housing and residential real estate. The report shall also include affirmative action or programs undertaken during the year for the betterment of human relations and any other matters relevant to the authorized activities of the Agency, including recommendations for legislative or administrative action to further the purposes and policies established by this Division. The report shall be made public by the County Executive. The Agency may be required by the County Executive or the Council to make such interim reports, including reports of investigations, as they may request.

The functions of the Agency shall be to: Eliminate discrimination as defined in Section 2-186 and wrongful practices as defined in Section 2-186. Eliminate infringements of the civil and human rights or civil liberties of all persons in the County. Investigate and, whenever necessary, certify for public hearings any matter assigned by Executive Order and/or Council Resolution relating to human rights. Investigate, and whenever necessary, certify for public hearings any matter wherein an allegation has been made that a person has been denied his or her civil or human rights, civil liberties, or has been adversely affected in the areas of housing and residential real estate, employment, law enforcement, education, public accommodations, or commercial real estate. The functions of the Commission shall be to: Eliminate discrimination as defined in Section 2-186 and wrongful practices as defined in Section 2-186. Eliminate infringements of the civil and human rights or civil liberties of all persons in the County. Whenever necessary, hold public hearings on any matter certified by the Agency to the Commission. Initiate investigations by holding public hearings or initiate studies on any matter wherein an allegation has been made that a person has been denied his or her civil or human rights, civil liberties, or has been adversely affected in the areas of housing and residential real estate, employment, law enforcement, education, public accommodations, or commercial real estate.

The Agency shall have authority and power to make such surveys and studies concerning human and civil rights, conditions and problems as it may determine, and to promote in every way possible the betterment of human relations. In making such studies and surveys, the Agency shall be authorized to expend any funds which may be provided for in regular or supplementary appropriations. On the basis of such studies or surveys, the Agency shall recommend to the County Executive and/or the Council additional legislation or changes in existing legislation as may be deemed appropriate. Whenever any pattern and/or serious incident or incidents of discrimination arise, the Commission may immediately hold an informal investigatory hearing. The purpose of the hearing shall be to resolve the problem promptly by the gathering of all the facts from all available sources and to make such recommendations as may be necessary. The Agency shall, in writing, inform any person filing any charge or complaint of the disposition of his or her complaint. Whenever the Commission receives reliable information from any person and, after proper investigation, determine that a violation of this Division has occurred, any member of the Commission shall have the authority, upon a majority vote of the full body of the Commission, to initiate a complaint in the name of that Commissioner. If at any time after a complaint has been filed the Agency determines that appropriate civil action to preserve the status quo or to prevent such irreparable harm is necessary, the Agency may transmit the matter to the County Attorney for necessary action to preserve such status quo or to prevent such irreparable harm, including, but not limited to, temporary restraining orders and preliminary injunction.

In the administration and enforcement of the provisions of these several subdivisions, the Commission has power to administer oaths and, upon majority vote of the full body of the Commission, to issue subpoenas for persons or documents during investigations, to compel for the taking of interrogatories and depositions, and to compel for a formal hearing the attendance for testimony of witnesses and the production of records and documents relevant or necessary for proceedings under the particular subdivision. Service of subpoena. Any such subpoena shall be served by: Certified mail, return receipt requested (with service by certified mail being complete upon delivery and proof being shown by the green return receipt card). Proof of service shall be filed with the Clerk of the Commission; or Personal service of process by: A competent private person, eighteen (18) years of age or older, who is not a party to the action; or The sheriff or deputy sheriff of the political subdivision in which is located the residence of the person or the main office of the firm, association, partnership or corporation against whom or which the subpoena is issued. Enforcement of subpoena. In case of failure to comply with a subpoena, the County, on behalf of the Commission, may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and/or the production of records and documents, and/or the taking of interrogatories and depositions. After notice to the person subpoenaed as a witness or directed to produce records and documents, and upon a finding that the attendance and testimony of the witness or the production of the records and documents is relevant or necessary for the proceedings of the Commission, the court may issue an order requiring the attendance and testimony of the witness and the production of the records and documents. Any failure to obey such an order of the court may be punished as contempt of court.

If, upon all the evidence, the Commission by a majority vote of the full body of Commissioners finds that the respondent has engaged in any discriminatory action or wrongful practice within the scope of this Division, it shall so state its findings. The Commission shall issue and cause to be served upon the respondent an order requiring the respondent to cease and desist from the unlawful discriminatory action or prohibited practice and to take such affirmative action as equity and justice may require and prospective relief as is necessary to effectuate the purposes of the Division. Such order must be reasonably related to the violation and may include a requirement of reimbursement of actual expenses to the complainant arising out of the wrongful conduct of the respondent, and in employment cases may include the awarding of back pay and reimbursement of actual expenses caused by wrongful conduct of the respondent to a complainant employee.

In addition to the other awards and relief which are hereinafter provided, the Commission may, in accordance with the standards of proof set forth in Section 2-195, also make the following monetary orders determined by the Commission from the evidence of record as the actual damages, costs, or losses involved, or in such amounts as may be specified below: Should the complainant's personal property be damaged, the complainant may be awarded damages not exceeding any expenses actually incurred in repairing the damage or in replacing the property, if such replacement is found by the Commission to be necessary. If the complainant was required to incur travel expenses that would not have been incurred but for unlawful discriminatory acts or practices of the respondent, the complainant may be awarded damages not exceeding such expenses. The use of the complainant's automobile shall be compensated at the rate current at the time of the violation for County employees' use of a private automobile for official business. Expenses shall not be awarded to the extent that they have been reimbursed from another source. Damages may also be awarded to compensate complainant for humiliation and embarrassment suffered in an amount determined by the Commission to be appropriately and reasonably warranted considering all of the circumstances, but in no event shall the amount be in excess of Two Hundred Thousand Dollars ($200,000.00). In the event an award of damages is made, the respondent shall be ordered to pay to the complainant interest at the legal rate on the loss of the use of any monies arising from the act of discrimination, from the date of the Commission order. Damages may also be awarded to compensate complainant for violation of Section 13A-120 in an amount determined by the Commission to be appropriately and reasonably warranted considering all of the circumstances, but in no event shall the amount be in excess of Two Hundred Fifty Thousand Dollars ($250,000.00). In addition to other awards and relief set forth above, the Commission may impose a civil fine up to Ten Thousand Dollars ($10,000.00), in accordance with the standards of proof set forth in Section 2-195, on a respondent found to have violated any of the provisions of this Division. The Agency may also negotiate and collect the payment of civil fines and assessments without holding a public hearing, as part of the conciliation procedure set forth in Section 2-203. The terms of the negotiated conciliation agreement between the respondent and the Executive Director, shall be included in a written consent agreement, and if approved by a majority vote of the full body of Commissioners, shall be incorporated into an order of the Commission, as set forth in Section 2-203. In matters related to employment discrimination, including but not limited to labor trafficking, the Commission may in addition to other awards and relief set forth above: Issue a civil fine not to exceed $5,000 per violation pursuant to Md. Local Government Code Annotated Section 10-202(d); File a lien against employer for unpaid wages pursuant to COMAR 09.12.39.02; or Recommend disqualification and debarment to Purchasing Agent under Section 10A-148 of this Code.

If, upon all evidence, the Commission by majority vote of the full body of Commissioners finds that the respondent has not engaged in any such alleged discriminatory act within the scope of this Division, it shall state its findings of fact and shall similarly issue and file an order dismissing the complaint.

A determination made by the Commission of a violation of this Division shall be a conclusive finding. If any complainant or respondent refuses to comply with an order of the Commission made within the scope of this Division, the County, on behalf of the Human Rights Commission, may initiate a suit in equity in the Circuit Court to enforce compliance with any of the provisions of this Division. Any party aggrieved by a final decision by the Commission is entitled to file an appeal pursuant to Chapter 200, Title 7, Maryland Rules of Procedure.

Any person, including one who is acting for or on behalf of any firm, association, or corporation, who knowingly files a false complaint under this Act is guilty of a misdemeanor. The Agency will refer any such matter to the State's Attorney of Prince George's County. This Section shall not be construed or applied to deny the right of a respondent to bring any civil action against one who has filed a complaint under this Division.

No person shall willfully falsify any documents, records, and/or reports which are subpoenaed pursuant to this Division. No person shall willfully falsify his or her testimony or intimidate any witness and/or complainant and/or respondent. Any person who violates the provisions of this Section shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined no more than One Thousand Dollars ($1,000.00) and/or imprisoned for not more than six (6) months.

The provisions of this Division shall be construed as vesting in all persons the right to be free of any practices within the County which are prohibited in this Division. Any person who is aggrieved by any act prohibited in this Division may bring an appropriate action in law or equity in the Circuit Court to seek damages, redress of injury, or injunctive relief arising out of any such prohibited act, in addition to pursuing the procedures and seeking the remedies established in this Division.

Except in cases of discrimination in housing and residential real estate and harassment against an employer, an Agency investigation into a suspected violation by any person of the provisions of this Division may be initiated no later than one hundred eighty (180) days after the date of the alleged violation by filing with the Executive Director, upon a form to be provided by the Agency, a signed statement setting forth the suspected violation. In cases of discrimination in housing: within ten (10) days the Agency shall serve the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations; the respondent may file, not later than ten (10) days after receipt of notice from the Agency, an answer to such complaint; and the investigation shall be initiated before the end of the thirtieth (30th) day after the receipt of the statement setting forth the alleged discriminatory housing practice that has occurred or that the complainant believes is about to occur. A statement alleging discriminatory housing practices must be filed no later than one year after the date of the alleged violation. A statement alleging harassment against an employer shall be filed no later than two (2) years after the date of the alleged violation. In all cases, the statement shall contain the name and address of the complainant and the respondent and such other information as may be required by the Agency. In cases alleging discriminatory housing practices, the Agency shall complete the investigation within one hundred (100) days after receipt of the complaint, unless it is impracticable to do so. Should the Agency be unable to complete the investigation within one hundred (100) days, it shall notify the complainant and respondent in writing of the reasons for not doing so. The Agency shall make final administrative disposition of a complaint within one (1) year of the date of receipt of a complaint, unless it is impracticable to do so. In such case, the Agency must notify the complainant and respondent in writing of its reasons.

The Agency shall promptly investigate each charge filed with it, which may include a mutual settlement agreement through mediation. If, after the investigation of the charge, the Executive Director, based on a preponderance of evidence, determines that no violation of this Division has occurred, the Director may dismiss the charge. Any complainant adversely affected by the dismissal may appeal administratively to the Commission, no later than fifteen (15) days after the date of dismissal by the Executive Director, who may take such action as s/he deems appropriate. In cases alleging discrimination in housing, at the end of each investigation, the Executive Director shall prepare a final investigative report containing: The names and dates of contacts with witnesses; A summary and the dates of correspondence and other contacts with the complainant and the respondent; A summary description of other pertinent records; A summary of witness statements; and Answers to interrogatories.

If, after an investigation of the complaint, the Executive Director has reasonable cause to believe that a violation of this Division has occurred, within twenty (20) days after the determination is made, the Executive Director shall attempt to conciliate the matter. If the parties to the complaint have agreed to a resolution of the complaint by way of conciliation, the terms of the resolution shall be set forth in a written consent agreement. The consent agreement shall not constitute an admission of the violation of any law. Any written consent agreement, if approved by a majority vote of the full body of Commissioners, shall be incorporated into an order of the Commission. If either the respondent or the complainant fails to comply with any obligation or requirement which forms part of any such order, the order shall be enforced in the same manner as any other order of the Commission. Except in cases alleging discrimination in housing, if the complainant refuses to accept an offer by the respondent which, in the judgment of the Executive Director, is a reasonable, good faith offer, the Executive Director may dismiss the complaint for failure to make a good faith conciliation attempt. Any complainant adversely affected by the dismissal may, no later than fifteen (15) days after the date of dismissal, appeal to the Commission, who shall either approve the dismissal or order a hearing on the merits. In cases alleging discrimination in housing, the Executive Director shall advise the complainant of reasonable, good faith conciliation attempts, but may not dismiss the complaint because of the complainant's failure to accept a conciliation agreement. In cases alleging discrimination in housing, any conciliation agreement shall be made public unless the complainant and respondent otherwise agree, and the Executive Director determines that disclosure is not required to further the purposes of this Division. In cases alleging discrimination in housing, any conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief.

In cases alleging housing discrimination, when the Executive Director determines reasonable cause, a complainant or a respondent may elect to have the asserted claims decided in a civil action under Subdivision 5 of this Division in lieu of a hearing. The election must be made not later than 20 days after the receipt of the electing person of service or in the case of the Executive Director, not later than 20 days after such service. The person making such election shall give notice of doing so to the Executive Director and to all other complainants and respondents to whom the charge relates.

For purposes of cases alleging housing discrimination, if an election is not made under Section 2-203.1, the Executive Director shall follow the procedure in Section 2-204 of this Division for a hearing on the record with respect to the charge(s).

If an election is made under Section 2-203.1, the Executive Director shall authorize, and not later than 30 days after the election is made, the Prince George's County Office of Law shall commence and maintain a civil action on behalf of the aggrieved person in the Circuit Court seeking relief. Any aggrieved person with respect to the issues to be determined in a civil action may intervene as of right in that civil action. In a civil action under this Section, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may grant as relief any actual or punitive damages which a court could grant with respect to such discriminatory housing practice in a civil action under Division 12 of the Prince George's County Code, Title 20 Subtitle 7 of the Maryland Annotated Code, and the Federal Housing Act. Any relief so granted that would accrue to an aggrieved person in a civil action commenced by that aggrieved person under Division 12 of the Prince George's County Code, Title 20 Subtitle 7 of the Maryland Annotated Code, and the Federal Housing Act shall also accrue to that aggrieved person in a civil action under this Section. If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court shall not award such relief if that aggrieved person has not complied with discovery orders entered by the court. Attorney's Fees. In any administrative proceeding brought under this Section, or any court proceeding arising therefrom, or any civil action under 42 U.S.C. 3612, the court, as the case may be in its discretion, may allow the prevailing party, other than the Prince George's County government, a reasonable attorney's fee and costs.

Section 1-114 of the Prince George's County Code provides: If any conflict exists between Subtitles, Divisions, Subdivisions, or Sections of this Code, the provisions of each Subtitle, Division, Subdivision, or Section shall prevail as to all matters and questions growing out of the subject matter of that Subtitle, Division, Subdivision, or Section. If clearly conflicting provisions are found in different Sections of the same Subtitle, the provisions of the Section last enacted shall prevail unless the construction is inconsistent with the meaning of that Subtitle. Where any conflict exists between a Subtitle, Division, Subdivision, or Section of this Code and any Subtitle or Section of the Charter or State law, the latter shall prevail.

Formal hearings shall be convened in cases in which conciliation or mediation has failed. After the entry of a finding to that effect or not later than ninety (90) days after the Executive Director determines a violation has occurred, the complaint and any and all findings shall be certified to the Commission. The Chairperson shall cause a written notice to be issued and served in the name of the Commission together with a copy of the complaint, requiring the respondent to answer the charges of the complaint at a public hearing before the Commission at such time and place as may be certified in the notice. The Chairperson shall thereupon assign the case to be heard before either the full body of Commissioners or a Panel of Commissioners as described in Section 2-189. A transcript of all testimony at the hearing shall be made. The case in support of the complaint shall be presented at the hearing by the Executive Director. No Commissioner who previously made or participated in the investigation or caused the complaint to be filed shall participate in the hearing as a witness, nor shall s/he participate in the deliberations in such case.

The respondent may file a written answer to the complaint and appear at the formal hearing in person, with or without counsel. The respondent may submit testimony and shall be fully heard. S/he may examine and cross-examine witnesses and shall be entitled to the compulsory processes of the Commission upon timely request and a concurrence of a majority of the Commission.

The Commission may permit reasonable amendment to be made to any complaint or answer. Testimony taken at the formal hearing shall be under oath and recorded.

In any case under investigation by the Agency or Commission law Article 27 and Titles 11 through 27, Criminal Law Article, Transportation Article, and Annotated Code of Maryland, where the complaint to the Agency or Commission alleges facts that would constitute such criminal offense; or where the Agency or Commission shall reveal facts that would constitute such a criminal offense, the Agency or Commission shall give written notice to the State's Attorney of Prince George's County of the nature of the matter under investigation. If it appears to the State's Attorney that continuation of the Commission's investigation would jeopardize a part of the anticipated criminal proceedings, the State's Attorney shall notify the Commission of this fact in writing, specifying that no formal hearing be held nor subpoena issued before the termination of the criminal proceedings. Upon receipt of such written notice from the State's Attorney, the Commission shall stay the holding of formal hearings or issuance of subpoena until the Commission is notified by the State's Attorney that the relevant criminal proceedings have terminated.

During the investigation of any complaint alleging a violation of Subdivisions 5, 6, 7, 8, 9, and 10 of this Division, and until the matters reach the stage of public hearings, the activities of all members of the Office of Human Rights, including its Commission, in connection with the investigation shall be conducted without publicity. The Agency and Commission shall hold confidential any information in relation to such a complaint, including the identity of the complainant and the respondent, except that: Any information may be released at any time if the release has been agreed to in writing by both complainant and respondent; The identity of the complainant shall be disclosed to the respondent upon request; The Agency may cooperate with Federal and State agencies and shall make available to such agencies its files and investigative data, if the Agency is satisfied that the agencies will preserve the confidentiality of the data which is provided; Any Commission or employee of the Agency, who violates the provisions of this Section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than One Thousand Dollars ($1,000.00) and/or imprisoned for not more than six (6) months. Conciliation agreements shall be released as set forth in Section 2-203(e) of this Division.

No person shall retaliate, or cause or coerce, or attempt to cause or coerce, any other person to retaliate against any person because such person has lawfully opposed any act or failure to act that is a violation of this Act or has, in good faith, filed a complaint, testified, participated, or assisted in any way in any proceeding under this Act.

No person, whether acting for monetary gain or not, shall: Refuse to sell, lease, sublease, rent, assign, or otherwise transfer; or refuse to negotiate for the sale, lease, sublease, rental, assignment or other transfer of the title, leasehold, or other interest in any housing; or represent that housing is not available for inspection, sale, lease, sublease, rental, assignment, or other transfer when in fact it is so available; or otherwise make housing unavailable, deny, or withhold any housing from any person because of race, religion, color, sex, national origin, age (except as required by State or Federal law), occupation, marital status, political opinion, personal appearance, sexual orientation, disability, familial status, gender identity, immigration status, citizenship status, or source of income; Deny any person access to, or membership or participation in, any multiple listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting housing, or to discriminate against any person in the terms or conditions of such access, membership, or participation, or in the selling, brokering, or appraisal of residential real estate on account of race, religion, color, sex, national origin, age (except as required by State or Federal law), occupation, marital status, political opinion, personal appearance, sexual orientation, disability, familial status, gender identity, immigration status, citizenship status, or source of income; Include in the terms, conditions, or privileges of any sale, lease, sublease, rental, assignment, or other transfer of any housing, any clause, condition, or restriction discriminating against any person in the use or occupancy of such housing because of race, religion, color, sex, national origin, age (except as required by State or Federal law), occupation, marital status, political opinion, personal appearance, sexual orientation, disability, familial status, gender identity, immigration status, citizenship status, or source of income; Discriminate in the furnishings of any facilities, repairs, improvements, or services, or in the terms, conditions, privileges, or tenure of occupancy of any person because of race, religion, color, sex, national origin, age (except as required by State or Federal law), occupation, marital status, political opinion, personal appearance, sexual orientation, disability, familial status, gender identity, immigration status, citizenship status, or source of income; Make, print or publish, or cause to be made, printed or published, any notice, statement, listing or advertisement, or to announce a policy, or use any form of application for purchase, lease, rental, or financing of any housing indicating any preference, limitation, or specification based upon race, religion, color, sex, national origin, age, occupation, marital status, political opinion, personal appearance, sexual orientation, disability, familial status, gender identity, immigration status, citizenship status, or source of income; Induce or attempt to induce any person to sell or rent or list for sale, rent, lease, or otherwise dispose of any housing or interest in real property by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, national origin, age (except as required by State or Federal law), occupation, marital status, political opinion, personal appearance, sexual orientation, disability, familial status, gender identity, immigration status, citizenship status, source of income; Discriminate in the sale or rental, or otherwise make unavailable or deny, housing to any buyer or renter because of a disability of: The buyer or renter; A person residing in, or intending to reside in, the housing after it is sold, rented, or made available; or Any person associated with the buyer or renter. Discriminate against any person in terms, conditions, or privileges of sale or rental of housing, or in the provisions of services or facilities in connection with such housing, because of a disability of: The person; or A person residing in, or intending to reside in, the housing after it is so sold, rented, or made available; or Any person associated with the person. For purposes of Subsections (7) and (8), above, discrimination includes: A refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy housing; A failure to design and construct a covered multifamily dwelling in accordance with the Building Code with regard to accessibility by a person with a disability pursuant to the most current revision of the American National Standard for Buildings and Facilities Providing Accessibility and Usability for Physically Handicapped people (commonly cited as ANSI A117.1). Discriminate by inquiring about immigration status or citizenship status in connection with the sale, lease, sublease, assignment, or other transfer of a housing unit, unless to comply with a federal or state law or a court order. Discriminate by requiring documentation, information, or other proof of immigration status or citizenship status, unless to comply with a federal or state law or a court order. Discriminate in the sale, lease, sublease, assignment, or other transfer of a housing unit by requiring proof of immigration status or citizenship status, such as a social security number, without providing an alternative that does not reveal immigration status or citizenship status, such as an individual taxpayer identification number. Discriminate by disclosing, reporting, or threatening to disclose or report immigration status or citizenship status to anyone, including an immigration authority, law enforcement agency, or local, state, or federal agency, for the purpose of inducing a person to vacate the housing unit or for the purpose of retaliating against a person for the filing of a claim or complaint. Discriminate by evicting a person from a housing unit or by otherwise attempting to obtain possession of a housing unit because of the person's immigration status or citizenship status unless the remedy is sought to comply with a federal or state law or a court order. Nothing in this Subsection requires that housing be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. Discrimination based on age or familial status as defined in Section 2-186 shall not be wrongful with regard to housing operated in connection with any retirement or senior citizen home or housing which is: Provided under any Federal or State program that the Executive Director determines, as consistent with the U.S. Department of Housing and Urban Development, is specifically designed and operated to assist elderly persons; Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or Intended and operated for occupancy by at least one person fifty-five (55) years of age or older per unit, provided that the housing satisfies the requirements of Title 24, Code of Federal Regulations, Section 100:304. Discrimination shall not be wrongful with regard to any single-family house sold or rented by an owner if: that such private individual owner does not own more than three such single-family houses at any one time; in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period; and if such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time. Discrimination shall not be wrongful with regard to the leasing of a room(s) or apartment(s) in an owner-occupied dwelling consisting of not more than three (3) rental units except as specified in (a)(5) of this Section. No person shall coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this Division. Nothing in this Division shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of housing which it owns or operates, for other than commercial purposes, to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, sex, national origin, age (except as required by State or Federal law), occupation, marital status, political opinion, personal appearance, sexual orientation, disability, familial status, gender identity, immigration status, citizenship status, or source of income. Nor shall anything in this subdivision prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. Nothing in this subdivision limits the applicability of any reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.

It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction because of discrimination as enumerated in Section 2-210(a)(1). Real estate appraisal, the process used to determine, analyze, or assess the value of real property, is a residential real estate-related transaction under this section. No lending institution shall discriminate in lending money, guaranteeing loans, purchasing loans, accepting a deed of trust or mortgage, or otherwise making available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair or maintenance of any housing. No lending institution shall discriminate in the fixing of the rates, terms, conditions, or provisions of any such financial assistance or impose different conditions on any such financing, refuse to provide title or other insurance, in the extension of service in connection therewith because of discrimination as enumerated in Section 2-210(a)(1). No person shall induce, directly or indirectly, any person to acquire or transfer an interest in real property which is used for the purpose of housing, by any statement regarding the existence or proximity of other real property which is or may become owned, leased, used, or occupied by any person of categories enumerated in Section 2-210(a)(1). Nothing contained in this Section shall prohibit any lending institution from basing its actions on the income and financial abilities of any individual. Appraisal Exemption—Nothing in this Section prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than any categories enumerated in Section 2-210(a)(1).

No person shall make, counsel, or cause to be made any false, reckless, or intentionally misleading statements, whether oral or written, about a change in the personal circumstances enumerated in Section 2-210(a)(1) of the occupants of any housing in a community or neighborhood, which statements are made or committed in order to obtain a listing of any real property for sale, rental, assignment, transfer, or other disposition.

No person shall place a sign or display any other device which offers for sale, lease, assignment, transfer, or other disposition of any real property used for the purpose of housing, if the sign, display, or device is designed to stimulate the belief that a bona fide offer is being made to sell, lease, assign, transfer, or otherwise dispose of the property, when in fact such property is not being offered for the advertised sale, lease, assignment, or transfer.

No person shall maintain upon the premises of real property which is used for housing and which has, in fact, been leased, sold, assigned, transferred, or otherwise disposed of, for a period in excess of fourteen (14) days after the execution of any contract or written agreement for the sale, lease, assignment, or transfer thereof, any sign or other display, indicating that the property is still being offered for lease, sale, assignment, or transfer.

No person, for profit, shall induce, directly or indirectly, the sale or listing for sale of any interest in real property which is used for housing by any statement, either oral or written, that the presence, anticipated presence, ownership, or tenancy of property by persons of the circumstances enumerated in Section 2-210(a)(1) may result in: The reduction of property values; A future change in the composition of the residents of a neighborhood with respect to circumstances enumerated in Section 2-210(a)(1); An increase in criminal or other antisocial behavior in the neighborhood wherein the property is located; A decline in quality of schools, churches, business establishments, or any other service provided the neighborhood.

No person shall solicit the sale or purchase of real estate, as defined by Section 2-186(a)(27), where such soliciting is of residential single-family units, unless such solicitation is limited to random and isolated inquiries not of a systematic design to cover a substantial section of any neighborhood for individual listings of property for sale.

Any owner of a dwelling who is induced to sell his dwelling to a real estate dealer or through a real estate broker or their agents or employees by acts committed by these persons in violation of Section 2-217 or 2-218 may institute a civil action in the Circuit Court against these persons. If, in an action instituted pursuant to Subsection (a) of this Section, judgment is rendered in favor of plaintiff, he shall be awarded damages as determined by the courts, reasonable attorney's fees and court costs. No action shall be maintained under this Section unless commenced not later than one (1) year from the date of the sale from which liability is alleged to arise.

It shall be a wrongful practice in Prince George's County for a landlord, in determining whether a married couple meets income requirements, to refuse to consider the income of both spouses.

No owner or operator of a place of public accommodation, located in the County, or the agent of any owner or operator of such place of public accommodation, shall deny to any person any of the accommodations, advantages, facilities, or privileges, of such a place of public accommodation because of discrimination; provided, however, that nothing in this Section shall be construed or interpreted to prohibit any owner or operator of any such establishment, or any agent or employee thereof, from the right to deny service to any person for failure to conform to the usual and regular requirements, standards and regulations for such establishment so long as the denial is not based upon discrimination as defined in Section 2-186; and provided further, however, that discrimination based on a person's disability as defined in Section 2-186 shall not be wrongful with regard to the failure of any owner or operator of any such establishment, or any agent or employee thereof, to fail or refuse to renovate, alter or modify any such establishment in order to accommodate any person with a disability, as defined herein, except as otherwise required by the Building Code for Prince George's County, Maryland.

Section 2-220 shall not apply to a private club or similar establishment which is not in fact open to the general public, except with respect to those facilities of such club or related establishment which are made available to customers or patrons of an establishment which is subject to the provisions of this Subdivision.

No employer in the County shall discharge or refuse to hire any person, or act against any person with respect to compensation or other terms and conditions of employment, or limit, segregate, classify, or assign employees because of discrimination.

No employment agency in the County shall fail or refuse to refer a person for employment or act against any person respecting the kind of employment for which a referral could have been made, or classify a person for employment because of discrimination.

No labor organization located or domiciled in the County, with respect to the exercise of its functions and activities within the County shall: Exclude or expel any person from its membership, or otherwise act against any person because of discrimination; Limit, segregate, or classify its members, classify for employment, or fail or refuse to refer for employment, any person, or in any way to deprive any person of employment opportunities, because of discrimination; Cause or attempt to cause any employer to discriminate against any person in violation of this Section.

No employer in the County, any labor organization located or domiciled in the County, or any labor organization with respect to its operations and functions within the County, or joint committee composed of representatives of employers and labor organizations in the County which operates or administers a program of training apprentices or training or retraining of any employees, either at or away from a place of employment in the County, shall act against any applicant or member of any apprenticeship or training program because of discrimination.

No person shall print or publish, or cause to be printed or published, any notice or advertisement relating to employment which indicates a preference, limitation, or specification based upon discrimination, except where such requirement or prerequisite is a bona fide occupational qualification as set forth in this Subdivision.

Nothing in this Subdivision shall prohibit the hiring, assignment, compensation, or discharge of persons by an employer, the classification or referral of persons for employment by an employment agency, the classification of members of a labor organization, or the admission to any program of apprenticeship, training, or retraining because of discrimination where it can be demonstrated that it is a bona fide occupational qualification which is reasonable, necessary, and relevant to the normal operation of a particular business or enterprise. A school, college, university, or other educational institution may hire and employ persons of a particular religion if such school, college, university, or other educational institution is, in whole or in substantial part, owned, supported, controlled, or managed by a particular church, synagogue, mosque, temple, or other religious organization or corporation, or if the curriculum of the school, college, university, or other educational institution is designed to comply, in whole or in part, with the doctrines or tenets of a particular church, synagogue, mosque, or temple.

Nothing in this Subdivision shall preclude an employer from applying different standards of compensation, or different terms, conditions, and privileges of employment, which are pursuant to a merit system or seniority system, or pursuant to the provisions of Section 6(d) of the Fair Labor Standards Act (29 U.S.C. 206(d)), or a system of employment which measures earnings by quality or quantity of production, or which provides the aforesaid different standards of compensation, terms, conditions, and privileges of employment, based upon at different locations, provided that the aforesaid different standards of compensation, terms, conditions, and privileges of employment are not established for the purpose of discrimination.

Nothing in this Subdivision shall preclude an employer from establishing standards concerning an employee's dress and grooming if the standards are directly related to the nature of the employment.

The Office of Human Rights shall have the authority to investigate, and hold a formal hearing, on any sworn complaint against any law enforcement officer operating within the County, except a complaint against a member of the Prince George's County Police Department, which alleges any of the following categories of complaints that are defined and prohibited by law or regulation: Police harassment; The excessive use of force in the performance of his or her duties; The use of language which would demean the inherent dignity of any person. The Agency's staff shall, upon receipt of a sworn complaint, transmit a copy of any such complaints to the Chief of any Law Enforcement Agency involved, and the State's Attorney promptly after filing.

If the Commission, by a majority vote of the full body, find that a complaint within one of the categories described in Section 2-186(a)(3) has merit, the Commission shall forward a request to the Law Enforcement Agency involved requesting that appropriate disciplinary action be taken and shall at the same time forward a copy of the request to the State's Attorney. The request shall set forth the facts concerning the incident and the name of the officer(s) involved, the name and address of the complaining party and all witnesses, and a copy of all information compiled by the Commission, along with a copy of the findings of facts, conclusions, and transcript of testimony if a hearing has been held by the Commission. The Chairperson of the Commission shall, along with the transmittal of the aforesaid documents, certify that a majority of the full body of the Commissioners has voted for a finding that there is probable cause to believe that the named officer(s) is (are) guilty of a wrongful law enforcement practice.

Notwithstanding the provisions of Section 2-229, if a complaint received by the Office of Human Rights involves a member of the Prince George's County Police Department, the Agency shall forward a copy of the complaint and all related documents to the Chief of Police and to the Citizen Complaint Oversight Panel.

It is an unlawful practice and a violation of this Division: For any person, real estate broker, or real estate salesperson, because of race, religion, color, sex, national origin, age (except as required by State or Federal law), occupation, marital status, political opinion, personal appearance, sexual orientation, disability, familial status, or gender identity to: Refuse to sell, lease, sublease, rent, assign, or otherwise transfer, or refuse to negotiate for the sale, lease, sublease, rental, assignment, or other transfer of commercial real estate, or represent that commercial real estate is not available for inspection, sale, lease, sublease, rental, assignment, or other transfer when in fact it is so available, or otherwise deny or withhold commercial real estate from any person. Include in the terms, conditions, or privileges of any sale, lease, sublease, rental, assignment, or other transfer of commercial real estate any clause, condition, or restriction discriminating against any person in the use or occupancy of such real estate. Discriminate in the furnishing of any facilities, repairs, improvements, or services, or in the terms, conditions, privileges, or tenure of occupancy. For any lending institution, because of race, religion, color, sex, national origin, age (except as required by State or Federal law), occupation, marital status, political opinion, personal appearance, sexual orientation, disability, familial status, or gender identity to: Discriminate in lending money, guaranteeing loans, accepting a deed of trust or mortgage, or otherwise making available funds to acquire, construct, alter, rehabilitate, repair, or maintain commercial real estate. Discriminate in fixing the rates, terms, conditions, or provisions of any such financial assistance, or in extending service in connection therewith. For any person, real estate broker or real estate salesperson, with respect to any act prohibited in Subsections (a)(1) or (2), to publish or circulate, or to cause to be published or circulated, any notice, statement, listing, or advertisement, or to announce a policy, or to use any form of application for the purchase, lease, rental, or financing of commercial real estate, or to make any record or business inquiry in connection with the prospective purchase, lease, rental, or financing of commercial real estate which indicates reliance on or a decision based on race, religion, color, sex, national origin, age (except as required by State or Federal law), occupation, marital status, political opinion, personal appearance, sexual orientation, disability, familial status, or gender identity. However, this subsection does not preclude the use of a logo or other means of advertising to advise persons with disabilities that any commercial real estate is suitable or adapted to use by persons with disabilities. For any person to assist in, compel, or coerce the doing of any unlawful practice under this Subdivision, to obstruct or prevent enforcement or compliance with this Subdivision, or to attempt directly or indirectly to commit any unlawful practice. For any person, real estate broker, or real estate salesperson, to: Induce or attempt to induce, by direct or indirect methods, any person to transfer commercial real estate by representations regarding the existing or potential proximity of real estate owned, used, or occupied by any person of any particular race, religion, color, sex, national origin, age (except as required by State or Federal law), occupation, marital status, political opinion, personal appearance, sexual orientation, disability, familial status, or gender identity. Represent to any prospective purchaser or lessee that any commercial real estate in a particular area may undergo, is undergoing, or has undergone a change with respect to race, religion, color, sex, national origin, age (except as required by State or Federal law), occupation, marital status, political opinion, personal appearance, sexual orientation, disability, familial status, or gender identity of occupants of such area. Place a sign or display any other device either purporting to offer for sale, lease, assignment, transfer, or other disposition, or tending to lead to the belief that a bona fide offer is being made to sell, lease, assign, transfer or otherwise dispose of any commercial real estate that is not in fact available or offered for sale, lease, assignment, transfer, or other disposition, because of race, religion, color, sex, national origin, age (except as required by State or Federal law), occupation, marital status, political opinion, personal appearance, sexual orientation, disability, familial status, or gender identity. For any person, real estate broker, or real estate salesperson to deny any other person or real estate broker or real estate salesperson access to, or membership or participation in, any multiple-listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of buying, selling, or renting commercial real estate, or to discriminate against that person in the terms or conditions of such access, membership, or participation because of race, color, sex, national origin, age (except as required by State or Federal law), occupation, marital status, political opinion, personal appearance, sexual orientation, disability, familial status, or gender identity. This section does not apply to religious institutions or organizations or charitable or educational organizations operated, supervised, or controlled by religious institutions or organizations which give preferences to members of the same religion in a commercial real estate transaction, as long as membership in such religion is not restricted by race, color, sex, national origin, age (except as required by State or Federal law), occupation, marital status, political opinion, personal appearance, sexual orientation, disability, familial status, or gender identity.

The County Council for Prince George's County, Maryland, hereby finds that over 92 million Americans, roughly one in three adults, have a criminal history record involving an arrest or conviction and nearly 700,000 people a year return to their communities from incarceration, and many are job seekers who are ready and able to become part of the work force; that studies indicate that job applicants are often precluded from even getting an interview when applications require disclosure of whether the applicant has a criminal record; that lack of employment is a significant cause of recidivism, which threatens public safety and disrupts the financial and general stability of affected families and communities; that increased government expenditures on law enforcement and social programs, necessitated by the inability of people with criminal records to find gainful employment, are an impediment to the County reaching its potential for economic growth; that increasing employment of people with criminal records improves public safety and reduces the financial burden on government; and that in order to effectively respond, the County Council for Prince George's County, Maryland hereby declares that it is the public policy of Prince George's County to assist in the successful reintegration of individuals with criminal records into the workforce by removing barriers to employment and enhance the health and safety of the community by assisting individuals with criminal records to lawfully provide for themselves and their families.

For purposes of this Subdivision, the following words and phrases shall have the following meanings indicated: Applicant means a person who is considered or who requests to be considered for employment in the County by an employer. Arrest means being apprehended, detained, taken into custody, held for investigation, or otherwise restrained by a law enforcement agency or military authority due to an accusation or suspicion that the person committed a crime. Arrest Record means information indicating that a person has been apprehended, detained, taken into custody, held for investigation, or otherwise restrained by a law enforcement agency or military authority due to an accusation or suspicion that the person committed a crime. Cannabis/Marijuana means the plant Cannabis sativa L. and any part of the plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration greater than 0.3% on a dry weight basis as defined in Md. Code Ann., Criminal Law § 5-101. Conviction means a verdict or plea of guilty or nolo contendere to a criminal act. Conviction Record means information regarding a sentence arising from a verdict, a plea of guilty, a plea of nolo contendere, an Alford plea including a sentence of incarceration a fine, a penalty, a suspended sentence, or a sentence of probation. Criminal Record report means a record of a person's arrest and conviction history obtained from any source. Director means the Executive Director of the Office of Human Rights. Employment means: Any work for compensation; and Any form of vocational or educational training, with or without compensation. Employer means any person, individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity operating and doing business in the County that employs ten (10) or more persons full-time in the County. Employer includes the County government, but does not include the United States, any State, or any other local government. Inquiry or Inquire means any direct or indirect conduct intended to gather information, using any mode of communication. Potential Applicant means a person that intends to submit an application. Sentence means the term of imprisonment or probation imposed on a convicted defendant for criminal wrongdoing. Vulnerable Adult means an adult who lacks the physical or mental capacity to provide for his or her own daily needs. Nonviolent Felony means a felony conviction for a crime that is not a crime of violence as defined in Sec. 14-101 of the Criminal Law Article, Annotated Code of Maryland. Prohibited Inquiries and Considerations. An employer is prohibited from inquiry into or considering convictions or conviction records of any applicant for employment where the sentence of the applicant was completed. For a nonviolent felony, at least (5) five years or sixty (60) months ago; or For a misdemeanor, at least thirty (30) months ago.

Inquiry on application. An Employer shall not require an Applicant or Potential Applicant to disclose on an employment application the existence or details of the Applicant's or Potential Applicant's Arrest Record or Conviction record. If the Employer is the County, then it is prohibited from making any inquiry into whether the Applicant or Potential Applicant has ever partaken in the consumption or use of Cannabis or Marijuana. Preliminary inquiry into Criminal Record. In connection with the proposed Employment of an Applicant, an Employer shall not, at any time until the conclusion of a first interview: require the Applicant to disclose whether the Applicant has an Arrest Record or Conviction Record, or otherwise has been accused of a crime; conduct a Criminal Record check on the Applicant; or inquire of the Applicant or others about whether the Applicant has an Arrest or Conviction record or otherwise has been accused of a crime. An Employer is prohibited at any time from inquiring into or considering convictions or Conviction Records of any Applicant for Employment where the Sentence of the Applicant was completed: for a nonviolent felony, at least five (5) years or sixty (60) months ago; or for a misdemeanor, at least thirty (30) months ago. An employer shall not at any time inquire into or consider arrests of an applicant that did not result in a conviction, except where the result was probation before judgement. In cases that resulted in probation before judgement, such outcomes shall be treated as misdemeanors for the purposes of this Section. An employer shall not at any time inquire into or consider any arrest or conviction of an applicant for possession of marijuana, cannabis, or cannabis-related materials or paraphernalia, provided any sentence for such crime has been completed, unless it was a conviction that included an intent to distribute. An employer is prohibited from conducting background checks or investigations that do not conform to the restrictions of this Section. Retaliation. An Employer shall not: retaliate against any person for: lawfully opposing any violation of this Subdivision; filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this Subdivision; or obstruct or prevent enforcement or compliance with this Subdivision.

In making an employment decision based on an Applicant's Arrest Record or Conviction Record, an Employer shall conduct an individualized assessment, considering only specific offenses that may demonstrate unfitness to perform the duties of the position sought by the Applicant, the time elapsed since the specific offenses, and any evidence of inaccuracy in the record. If an Employer intends to rescind an offer of Employment based on an item or items in the Applicant's Arrest or Conviction Record, before rescinding the offer of employment the Employer shall: provide the Applicant with a copy of any Criminal Record report; notify the Applicant, in writing, of the intention to rescind the offer of employment and the items that are the basis for the intention to rescind the offer of employment; and delay rescinding the offer of employment for seven (7) days to permit the Applicant to give the Employer notice of inaccuracy of an item or items on which the intention to rescind the offer of employment is based. The Applicant must receive in writing from the Employer his or her right under this provision. If an Employer decides to rescind an offer of employment based on the Arrest Record or Conviction Record of an Applicant, the Employer shall notify the Applicant of the rescission of the offer of employment in writing.

The prohibitions and requirements of this Subdivision shall not apply if the inquiries prohibited by this Subdivision are required or expressly authorized by an applicable Federal, State, or County law or regulation. The prohibitions and requirements of this Subdivision, with the exception of section 2-231.04(b) of this Subdivision, shall not apply to any County public safety agencies or to positions that, in the judgment of the County, have access to confidential or proprietary business or personal information, money or items of value, or involve emergency management; provided that, any applicant for a civilian or sworn public safety position who discloses prior use of marijuana shall remain eligible to continue in the applicable application process with no immediate delay or removal. The prohibitions of this Subdivision shall not apply to an employer that provides programs, services, or direct care to minors or Vulnerable Adults.

The Director shall administer and enforce this Subdivision. A person aggrieved by an alleged violation of this Subdivision may file a written complaint with the Director pursuant to Subtitle 2, Division 12 of the County Code. An Employer found in violation of this Act shall be subject to a fine up to the maximum allowed by the County or State law for each violation.

The Agency shall maintain data on the number of complaints filed pursuant to this Subdivision, demographic information on the complainants, the number of investigations it conducts, and the disposition of every complaint and investigation. The Director shall provide the County Council and County Executive an annual report on the number of complaints and the disposition of every complaint and investigation on or before December 31 beginning fiscal year 2016 and each year thereafter.

Contractor means any business or person having a written contract with the County as defined by Section 10A-101(a)(12) of the Prince George's County Code.

During the performance of any contract, no Contractor, through its employees or agents, shall engage in human sex trafficking or human labor trafficking as defined by Section 14-191, Subtitle 14 of the Prince George's County Code.

Filing Complaints. If any person believes that a Contractor or a Contractor's employees or agents does not comply with the prohibitions against human sex trafficking and human labor trafficking set forth in Section 14-191, Subtitle 14, of the Prince George's County Code, they may file a complaint with the Office of Human Rights. Complaint Requirement. A complaint under this Section must: be filed; include the particulars of the alleged violation, the name and address of the Contractor alleged to have committed the violation as set forth in Section 14-191, Subtitle 14, of the Prince George's County Code, and any other information required by the Office of Human Rights. Dismissal. If after an investigation by the Office of Human Rights, the Contractor is found to have not been in violation of the prohibitions against human sex trafficking and human labor trafficking in, the Office of Human Rights must dismiss the complaint and mail copies of its findings to the Respondent-Contractor, the Complainant, and the Office of Procurement. Non-Compliance Penalty. If after an investigation by the Office of Human Rights, the Contractor is found to be in violation of the prohibition against human sex trafficking and human labor trafficking as set forth in Section 14-191, Subtitle 14, the Office of Human Rights shall refer this decision to the Office of Procurement, whereby the Office of Procurement shall initiate suspension and debarment proceedings pursuant to Section 10A-148 and consider any other relief available to the Office of Procurement, including but not limited to, contract termination and breach of contract damages. Criminal Prosecution. An investigation or finding made by the Office of Human Rights under this Section is not intended to preclude a criminal investigation or criminal prosecution by the State's Attorney's Office or any law enforcement agency.

The County shall construct roadways, alleys, curbs, sidewalks, gutters, and storm drainage incident to any construction in the County after a determination that the improvements are necessary and desirable. It is provided, however, that before any such determination is made, the County shall give at least two (2) weeks' notice by letters written to the assessed owners of record of all property proposed to be subject to an assessment for the improvements and mailed to such owners at their addresses as are shown on the assessment records of the County, and also by advertisement, published at least once a week for two (2) successive weeks in three (3) newspapers published in the County, which have a circulation in the area affected. The letter and advertisement or notice shall state the date on which such determination by a hearing shall be made and give a brief description of the proposed improvements, and warn all owners to appear at a time and place stated in the letter, advertisement or notice, to show cause, if any, why such improvements should be made as proposed. For private roadways and rights-of-way, except roadways and rights-of-way owned by associations or entities established for condominiums, the Council may, upon petition signed by the owners of all property abutting the front footage affected, make the determination required under Subsection (a) of this Section. Assessments for improvements undertaken pursuant to this Section shall be made in accordance with Section 23-147 of this Code.

Minority business firms for the purposes of this Section shall mean a business at least fifty-one percent (51%) of which is owned by minority individuals or, in the case of a publicly owned business, at least fifty-one percent (51%) of the stock is owned by minority individuals, as defined in Section 10A-101 of this Code. Except for those contracts the making of which is reserved to the County under the provisions of Article 25A, Section 5, Annotated Code of Maryland, a reasonable percentage of contracts entered into by the County for consultant or construction services or for the manufacture or furnishing of materials, supplies, or equipment in connection with any construction, maintenance, or operation of improvements undertaken by the County pursuant to Subtitle 2 of this Code shall be awarded to minority business firms. The Director of Central Services for Prince George's County shall develop and engage in a program designed to encourage and assist minority business firms in the County to contract with the County for goods and services. To the extent possible, the program shall include maintaining an accurate and current vendors list; cooperation with other agencies to insure that existing on-the-job training programs are made available to minority business firms; consultation with all departments, boards, commissions and agencies of County Government, the Board of Education, the Prince George's Community College, the Bi-County Agencies, and the several municipalities in Prince George's County to encourage intergovernmental participation; and a continuous outreach program to make minority business firms aware of the opportunities to provide goods and services to the County. The Director shall periodically review bidding procedures and bonding requirements in order to eliminate any provisions which may result in the imposition of an unfair or discriminatory burden on minority business firms.

The Council shall, by proper legislative act, adopt all necessary rules and regulations for the construction, maintenance or operation of the improvements and shall fix the time and manner of payment. The Council shall have the authority to defer for a period of time, not to exceed five (5) years, the payment of such sums of money on the assessments applicable to the payment of principal. The Council may collect only such sums as may be determined to be interest charges on the principal indebtedness and charges against the property affected. All special assessments or taxes levied by the Council shall be treated in all respects as County taxes collected by the Director of Finance, and shall have all of the priorities and lien rights of County taxes.

Whenever the Council is required to make any special assessment against abutting land for street improvement, whether for the construction of roadways, sidewalks, curbs or gutters and/or storm drainage, any or all of them, and such lot is located at the intersection of two (2) streets, and is what is known as a corner lot, the Council shall have the power to make an assessment for the number of feet in the front of such lot, where the improvement abuts on the front of such lot and in the case the improvement abuts on the side of such a lot, the assessment made for such improvement against the lot shall be for one-half (1/2) of the number of linear feet of the side of the lot, not to exceed a total exemption of fifty (50) linear feet. For the purpose of assessment the short side of such lot shall be considered the front of such lot, and in cases where the two (2) sides are equal, the Council shall determine which is front and which is the side of such lot. Such determination shall be final and conclusive. In cases of lots, where it be determined to be inequitable to place the entire cost of such improvements upon property abutting; or of lots abutting on more than two (2) streets and of lots of irregular or unusual shape, and in cases of lots abutting on two (2) or more streets where in one (1) or more of such streets, roadways, sidewalks, curbs, gutters or storm drainage and street improvements, or any or all, have been or are about to be constructed under such circumstances as not to subject such lots to a special assessment by the Council, the Council shall have full power and authority to adjust assessments to be made against such lots for the cost of improvements herein authorized abutting such lots to such an amount as shall be just and equitable. The cost of improvements thus exempted may be included in the assessments to be made against the abutting property included in the project. The Council may contribute from the general funds or proceeds of bond issues such sums as in their judgment are just and equitable, and may also receive from a private individual or company and apply to such project such sum or sums of money as might be agreed upon. Such adjustments as may be made by the Council shall be final and conclusive. Any assessment so proposed shall not be adopted by ordinance, resolution, or otherwise until the Council shall give, in addition to the previous notices hereinbefore mentioned and provided, at least two (2) weeks' notice by letters written to the assessed owners of record of all property proposed to be subject to an assessment for the improvements and mailed to such owners at their addresses as are shown on the assessment records of the County, and also by advertisement, published at least once a week for two (2) successive weeks in one (1) or more newspapers published in the County which has a circulation in the area affected. The letters and advertisement or notice shall state the date on which the assessment is proposed to be made and warning all property owners to appear at a time and place stated in the letter, advertisement or notice, to show cause, if any there be, why the assessment should not be made as proposed. Any person aggrieved by the action of the Council shall have the right to appeal to the Circuit Court for the County, provided such appeal is taken within thirty (30) days next succeeding the day on which the assessment is made.

The Council when in its judgment it is deemed expedient and necessary, shall construct, maintain and operate a system for the control and disposition of surface waters within the boundaries of the County. For such purpose the Council is given all of the power and authority, including the right to condemn, and the right and authority to negotiate with any public agency and to make contracts with such agencies, including the government of the United States or any bureau or department thereof, provided that a petition requesting such a system is presented to the Council signed by the owners of at least twenty percent (20%) of the assessed valuation of the real property located in the area affected.

The Council, in the exercise of its discretion may define and identify the specific areas in which the construction, maintenance, and operation of the systems described in Section 2-234 shall be put into effect. The Council upon petition, or its own motion, may determine that the creation of the areas is in the interest of public health, welfare, and safety and the areas are in need of a storm water or surface drainage system.

The Council may, upon its own motion, or by referendum if the Council should so determine, establish, within the boundaries of the County, outside the limits of any incorporated town, areas for the purpose of providing street lighting, garbage and trash collection, removal and disposition, street signs, cleaning of streets.

The Council may acquire a site, or sites, as in its discretion is deemed necessary, for the purpose of providing locations and facilities for the disposal of garbage and trash. The Council shall operate the facilities, and contract with any person, corporations or municipalities for the use of such site. The cost of acquiring, maintaining and operating the sites and locations is to be self-liquidating, with a uniform rate to all users.

Payment of the costs of the construction, maintenance and operation of surface water or storm drainage systems as provided in Sections 2-235 and 2-236 and for governmental services or municipal functions as defined in Section 2-237, shall be a tax levy against the properties benefited by the improvement and shall be paid for by an ad valorem tax levied against all of the property assessed for County tax purposes within said area. The Council in addition to the above prescribed method of payment of the costs for governmental services and/or municipal functions, may in its discretion prescribe the method of payment of the costs for the collection of garbage and trash as provided as follows: The Council may levy the costs of the collection and disposition as a tax to be considered as a lien against the property, the same as other County taxes. The basis of the tax shall be the total costs of the services divided by the number of units served in the collection of the garbage and trash. The Council shall by proper ordinance, adopt all necessary rules and regulations for the construction, maintenance, or operation of the improvements, municipal functions and governmental services, and, shall fix the time and manner of payment. All taxes levied by the Council shall be treated in all respects as County taxes, collected by the Director of Finance, and shall have all the priority and lien rights of County taxes.

The Council may require any owner or developer of a subdivision or tract of land upon which dwellings, apartments, stores, or other buildings are to be erected to contribute what it deems to be a fair share of the cost of a drainage project before it approves or constructs such project. Such contributions shall be paid in cash before the construction begins or secured to the satisfaction of the Council. The Council may construct any part of an approved drainage project, provided the person or company interested contributed not less than one-half (1/2) of the cost.

The Council, for the purpose of making any of the improvements provided in this Division, or providing the governmental services or municipal functions, or for the maintenance and operation of the facilities, or systems within the defined areas, shall have full power and authority to borrow upon the faith and credit of the County such sum or sums as may be needed for the purposes above mentioned, to fix the maturity or maturities of any such debt, the interest rate or rates, not exceeding six percent (6%) per annum, and manner and place of payment, and in each instance to issue its bonds or notes or other evidences of indebtedness for the amount of monies so borrowed. The bonds, notes or other evidences of indebtedness shall be issued in groups or series, each such group or series to be appropriately identified with the improvement for which the money is being borrowed. The bonds, notes or other evidences of indebtedness may be sold by the Council from time to time at public sale or by private negotiation, notwithstanding the provisions of Section 10 of Article 31 of the Code of Public General Laws of Maryland (1957 Edition), as amended. None of the bonds, notes or evidences of indebtedness shall be issued to mature over a longer period than thirty (30) years from the date of issuance, or the probable useful life of the improvements, or undertaking with respect to which they are to be issued. They shall be issued on an annual serial maturity plan so arranged as to correspond as nearly as possible in amounts with the aggregate amounts of special assessments as above provided. The Council shall, by a proper ordinance in each case, provide for the issuance of the bonds, notes or other evidences of indebtedness and for the liquidation thereof and the interest thereon by the application of the receipts of the special assessments with respect to which the bonds, notes or evidences of indebtedness are issued. The Council shall, also by the ordinance provide, in each case, that in the event the proceeds of the collection of such special assessments are in any year insufficient for the purpose of paying the principal and interest maturities of any such bonds, notes or evidences of indebtedness, such deficiency shall be made up by the County from the proceeds of unlimited ad valorem taxes levied upon all assessable property within the corporate limits of the County subject to unlimited taxation thereby. Any bond issued pursuant to the authority of this Division and the interest payable thereon and the income derived therefrom in the hands of the holders thereof from time to time shall be, and is declared to be, exempt from State, County and municipal taxation of every kind and nature whatsoever in this State.

After having made the determination to provide a benefit or improvement set out in Sections 2-235 and 2-237, the Council shall cause a public notice thereof to be published not fewer than four (4) times at not less than weekly intervals in three (3) newspapers of general circulation in the area to be affected, briefly and accurately describing the location and the improvement to be provided or function to be performed and the approximate cost thereof. The public notices shall specify a time and place at which a public hearing will be held by the Council. In addition, the Council shall cause to be erected within the area to be affected a sign or signs facing in such a manner so as to be readily seen by the public designating the time, place and purpose of such hearing. The bottom of the sign or signs shall be not less than two and one-half (2-1/2) feet from the ground. The sign or signs shall have a length and width not less than two (2) and three (3) feet, respectively, and shall bear conspicuous lettering in black on a yellow background not less than four (4) inches in height. The hearing shall be set for not less than fifteen (15) days after the fourth publication. If, after the hearing, the Council determines that the public health and welfare requires said improvement or function it shall proceed therewith by proper ordinance, to construct, operate or maintain the public improvement or function either by contract, publicly advertised or by its own force, or under its own supervision as it deems desirable and more economical.

In the case of the improvements provided in Section 2-237, the Council, for a period of two (2) years from June 1, 1957, may proceed only by contract and not by its own force. The effective date for the commencement of the improvements shall be no earlier than the fiftieth (50th) day after the hearing adopting the law. The law in the case of improvements adopted under Section 2-237 shall be ineffective if on or before the fortieth (40th) day after the adoption of the law there shall be presented to the Council or mailed by registered mail, a petition signed by the owners of at least twenty percent (20%) of the assessed valuation of the real property located in the area affected requesting a referendum on the question. In such event, the board shall notify the County Board of Supervisors of Elections immediately after receipt of the petition, giving to the Board a full and complete copy of the question to be determined. The Board of Supervisors shall set a date for the referendum on the question within the area to be affected. The date for the referendum shall be set within sixty (60) days after receipt of the petition and shall permit the giving of at least fifteen (15) days notice thereof. Such notice shall be published by the Board of Supervisors on two (2) occasions at not less than weekly intervals, in three (3) newspapers of general circulation within the area to be affected. They shall specify the time and date of the referendum and the place or places at which it will be held. The County Board of Supervisors of Elections shall conduct and be responsible for the referendum. The Board of Supervisors shall determine from the County registration records of persons within the area proposed to be annexed who are qualified as voters in County elections. From such list, the Board shall conduct the referendum as herein provided. On the date and at the places specified, the question to be determined shall be submitted to a referendum election of the persons who reside in the area to be affected and who are registered as voters in County elections. The ballots or the voting machines, as the case may be, shall contain a summary of the question with suitable provision for the voter to indicate a choice for or against it. If a majority of the persons voting on the question shall vote in favor of the proposal, it shall become authorized as proposed on the fourteenth (14th) day following the referendum. If not, the proposal shall be void and of no further effect whatsoever. The County Board of Supervisors of Elections shall promptly notify the Council of the results of the referendum. All expenses incidental to the holding of the referendum shall be charged to and paid by the Council.

In assessing the cost for the improvements and facilities herein provided in Section 2-232, the Council shall assess against the abutting property for improvements provided in Section 2-232 on a front foot basis as herein provided and against the real property located in the areas affected for improvements in Sections 2-235 and 2-237 on an ad valorem or unit of service tax basis as herein provided and collect from the owners thereof the entire cost of constructing roadbeds, alleys, curbs, sidewalks, gutters, and street improvements, including the cost of street and public alley intersections and systems for the disposition of surface waters. All construction costs, excavation costs, cost of preparation of preliminary plans, advertising for bids, engineering fees, attorney fees, operation costs, and all other costs, including administration and collection costs of the assessments to be levied. At no time shall the Council expend general funds or allocate money received from the State, or any other agency, in the carrying out of the powers of this Division except as hereinbefore provided. In the event in any one year the ad valorem tax or special assessment or unit of service tax levied is insufficient for the purpose of paying the principal and interest maturities of any bonds, notes, or certificates of indebtedness issued under the provisions of Section 2-241 and general funds are used, then, and in that event, the following year the ad valorem tax or special assessment or unit of service tax levied shall be increased in the area served to the extent necessary to reimburse the general funds used the previous year.

Any area which becomes subject to any special assessment provided in this Division, which area subsequently through annexation or incorporation is taken into and becomes a part of a municipality, or becomes a municipality, in accordance with the provisions of existing law shall continue to be subject to any taxes or assessments levied under this Division until such time as the improvements for which the assessment was levied are paid for.

Upon the adoption by the legal and qualified voters of this State of the amendment to Article III of the Constitution of this State relating to eminent domain, in addition to powers and authority heretofore granted, the Council shall enter upon and take possession of such property and rights of way, to include lands improved by an occupied dwelling but not the occupied dwelling building nor an area under and about the building demarcated by a line circumscribed at a distance from the improvement itself equal to the front set back line for the extant zoning classification as the Council may deem necessary, and proceed with road construction. The Council shall first pay to the owner or into court to the use of the person entitled thereto, such sums as the Council estimates to be the fair value of the land and improvements taken and damage done, if any. The Council's estimate of fair value shall not be less than the appraised value of the property being taken as evaluated by at least one (1) qualified appraiser whose qualifications have been accepted by the Circuit Court of the County. If the sum is paid into Court the property owner upon written request to the Clerk of the Court, shall be entitled to receive the sum without prejudice to any rights if the property owner agrees to pay back to the Council the difference between the sum and the final award, if the final award is less than the sum paid into Court. The payment, however, shall in no way limit the amount to be allowed under subsequent condemnation proceedings. The Council shall pay to the owner of such property and rights of way any further sum that may subsequently be finally awarded in a subsequent condemnation proceeding. Within sixty (60) days after the completion of the construction of such road, if the Council and the owner of such land are unable to agree as to compensation and damages, if any, caused thereby, the Council shall institute condemnation proceedings in the manner prescribed by law. The owner at any time subsequent to the payment of such sum into Court may request in writing to the Council that such condemnation proceedings be instituted. In such case it shall be the duty of the Council within thirty (30) days after receipt of such notice to institute such proceedings and the duty of the Court to hear and determine such proceedings as soon thereafter as practicable.

Apprentice means a person at least sixteen (16) years of age who has entered into a written agreement with an employer or his agent, an association of employers or an organization of employees, or a joint committee representing both, which states the trade, craft, or occupation which the apprentice is to be taught and the time at which the apprenticeship begins and ends, and who is registered in a program of the Maryland Apprenticeship and Training Council or the Bureau of Apprenticeship and Training of the U.S. Department of Labor. Board means the Wage Determination Board. Construction includes all construction, reconstruction, improvement, enlargement, painting and decorating, alteration, demolition, maintenance, rehabbing, resurfacing, pavement milling, mechanical systems service contracts or repair. Locality means Prince George's County, Maryland. Mechanical Systems Service Contracts means a contract for service of the following systems: HVAC systems, including heating, ventilation, and cooling/air conditioning equipment; HVAC systems, including heating, ventilation, and cooling/air conditioning equipment; or refrigeration systems; or plumbing systems, including pipes, tanks, fittings, and other elements that control the water and gas supply, heating, and sanitation of a building; or electrical systems, including any electrical power and overhead and underground lines, poles, transformers, and other related equipment; or elevator systems, including escalators, moving walkways, and other related conveyances. Prevailing hourly rate of wages, prevailing hourly wage rate, prevailing rate of wages, prevailing wage rate, prevailing hourly wage, prevailing wage, rate of wages, and wage rates include: The basic hourly rate of pay; and The amount of: The rate of contribution irrevocably made by a contractor, subcontractor, or third person pursuant to a fund, plan, or program which provides for medical, surgical, or hospital care or benefits or pensions on retirement, disability, or death, including any profit sharing plan which provides benefits at or after retirement, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing; for unemployment benefits, life insurance, or accident insurance; for vacation and holiday pay; for defraying costs of apprenticeship or other similar programs; or for other bona fide fringe benefits, but only if the contractor is not required by Federal, State, or local law to provide any of such benefits; and The rate of costs to the contractor or subcontractor which may be reasonably anticipated in providing the fringe benefits specified in paragraph (2)(A) to workmen and apprentices pursuant to an enforceable commitment to carry out a financially responsible plan or program which is communicated in writing to the workmen and apprentices affected. Public body means Prince George's County or any department, officer, board, commission, or agency of the County. Public funds means any funds directly appropriated by the County. Public works includes all buildings, bridges, dams, airports, highways, tunnels, roads, streets, alleys, ditches, sewers, sewage disposal plants, waterworks, land clearing, and excavation and all other structures or works, constructed for public use or benefit or paid for wholly or in part out of public funds, except work done by any public utility company subject to the jurisdiction of the Public Service Commission or other public authority, whether or not done under public supervision or direction or paid for wholly or in part out of public funds, unless let to contract. Public works also includes a mechanical systems service contract with a contract value in excess of the threshold amount codified at 41 U.S.C. 6702(A)(2), the McNamara O'Hara Service Contract Act of 1965, as amended. Workman means laborer, workman, and mechanic. High School students registered in work study programs approved by the Prince George's County Board of Education are exempt from the provisions of this Division.

There is hereby established a Wage Determination Board which shall consist of five (5) members to be appointed in the following manner: two (2) from management in the building and construction industry; two (2) from labor organizations representing employees in said industry; and one (1) representative of the general public. All members shall be appointed by the County Executive, subject to confirmation by the County Council. The public member of the Board shall act as Chairman of the Board. The Board shall have the functions and duties set forth in this Division. On or before the first day of January each year, the Board shall submit to the County Executive and the County Council an annual report covering its activities under this Division for the preceding calendar year, including recommendations and including full information as to the operation of the Division and other information and data it deems desirable in connection with prevailing hourly wage rates. The Board may call upon agencies of the State and other local governments for statistical data, reports, and other information which will assist the Board in the performance of its duties. Appointed members of the Board shall serve terms of three (3) years except as hereinafter provided and shall be eligible for reappointment. Of the members first appointed, the one selected from the general public shall serve a term of two (2) years; one (1) management member and one (1) labor member shall serve a term of one (1) year each; and the other two (2) shall serve a term of three (3) years each. Any vacancies occurring in any term shall be filled by appointment of the County Executive as set forth in Section 2-248(a) above. The Board may employ persons to assist it in the performance of its duties to the extent that money is appropriated in the budget.

The Board is hereby authorized and empowered to adopt, establish, repeal, modify, change or amend, from time to time, schedules of prevailing hourly rates of wages to be paid to workmen and apprentices employed on public works, as defined in Section 2-247(g), and service contract employees pursuant to Section 10A-144; provided, however, that the schedules of prevailing hourly rate of wages so established, shall be reviewed by the Board at least once every year and shall be revised to conform to the prevailing hourly rate of wages in the locality. Such schedules of prevailing hourly rate of wages, including the prevailing rate of wages for overtime work, shall be not less than the prevailing hourly rate of wages being paid to workmen and apprentices for work of the same or similar character in the locality; provided, however, that in no event shall the prevailing rate of wages for overtime work be less than time and a half the basic hourly rate of pay for straight time. If there is not a sufficient number of competent workmen engaged in work of the same or similar character within the locality, the Board may use the nearest established location from which such workmen may be obtained in sufficient numbers to perform the work to make the determination. The Board shall give public notice of all determinations of prevailing wage rates pursuant to this Section by publishing the schedules of prevailing hourly rates of wages so established in newspapers of record; By simultaneously posting the schedule of prevailing wages on the landing page of its official webpage; and by mailing U.S. First Class Mail or electronic mail of all determinations of prevailing wage rates made pursuant to this Section to any labor organizations which request the Board to do so. The public body shall specify in the call for bids for every contract what is the prevailing hourly rate of wages, including the prevailing rate of wages for overtime work in the locality for the various classifications of workmen and apprentices needed to execute the contract; and such schedules of the prevailing hourly rate of wages shall be attached to and made a part of the contract for the work. It shall be mandatory upon the contractor to whom the contract is awarded, and upon any subcontractor under him, to pay not less than the specified rates to all workmen and apprentices employed by them in the execution of the contract. The public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workmen and apprentices performing work under the contract and require best efforts to employ County residents, as defined in Subtitle 10A-101, to work at least 25% of the work hours to complete the contract for construction. It shall also require in all the contractor's bonds that the contractor include such provisions as will guarantee the faithful performance of the prevailing hourly wage clause as provided by contract. Nothing in this Division shall be construed to prohibit the payment to any workman or apprentice employed on any public work of more than the prevailing rate of wages. Nothing in this Division shall be construed to limit the hours of work which may be performed by any workman or apprentice in any particular period of time. The provisions of the Division shall not apply to public works if the federal government or any of its agencies furnishes by loan or grant all or any part of the funds used in the construction of such public works, provided the public works require a prevailing wage determination by the United States Secretary of Labor. If only a portion of a particular public work or public works requires a prevailing wage determination by the United States Secretary of Labor, the provisions of this Division shall apply to the remainder of said public work or public works. In the event that the provisions of the federal Davis-Bacon Act are suspended as authorized by Section 6 of said Act, then the County Executive may suspend the provisions of this Division during the period of such suspension of the Davis-Bacon Act with respect to any public work or public works upon which the United States Secretary of Labor would have been required to make a prevailing wage determination; and, if so suspended by the County Executive, the provisions of this Division shall not be applicable to such public work or public works; provided that if only a portion of a particular public work or public works requires a prevailing wage determination by the United States Secretary of Labor, the County Executive may suspend the provisions of this Division with respect to that portion only or with respect to the entire particular public work or public works in his discretion. In determining such rates, the Board shall ascertain and consider the applicable wage rates established by collective bargaining agreements and such rates as may have been predetermined for federal and Maryland State public works, within the locality and in the nearest labor market area. Where such rates do not constitute the rates actually prevailing in the locality, the Board shall obtain and consider further data from the labor organizations and employers or employer associations concerned, including the recognized collective bargaining representatives for the particular craft, classification or type of work involved. The rate fixed for each craft, classification or type of work shall be not less than the prevailing rate paid in such craft, classification or type of work.

Any employer or group of employers engaged in public works construction, any labor organization which is the representative of any classification of workmen, or any agency of the public body which authorizes public work within ten (10) days after notice of the determination of any prevailing wage rate or rates pursuant to Section 2-249(a) hereof, may file with the Board a verified petition, which sets forth the facts upon which it is based, to reconsider the determination of such prevailing wage rate or rates. The Board, upon notice to the petitioner, those agencies of the public body which authorize public work, and the recognized collective bargaining representatives for the particular classifications involved, and also to all persons entitled to receive notice pursuant to Section 2-249(a) hereof, shall institute an investigation and hold a public hearing within twenty (20) days after the filing of such petition. The Board, at its discretion, may hear each petition separately or consolidate for hearing any two (2) or more petitions. At the hearing, the Board shall introduce in evidence the investigation it instituted and the other facts which were considered at the time of the original determination which formed the basis for its determination. The Board or any interested parties thereafter may introduce any evidence that is material to the issues. Within ten (10) days of the conclusion of the hearing, the Board shall make a determination and transmit it, in writing, to the agencies of the public body which authorize public work and to the interested parties. Such determination shall be final. Upon receipt by any agency of the public body which authorizes public work of the notice of the filing of a petition, such agency shall extend the closing date for the submission of bids on any pending contract until five (5) days after the determination of the prevailing wage rates pursuant to this Section and the publication of such findings.

Not less than the prevailing hourly rate of wages for work of the same or a similar character in the locality in which the work is performed and not less than the prevailing hourly rate of wages for overtime work shall be paid to all workmen and apprentices employed on public works. Workmen and apprentices employed by contractors and subcontractors in the execution of any contract for public work are deemed to be employed on public work. Employees of a public body are deemed not to be employed on public work. No person, firm, or corporation shall violate the wage provisions of any contract contemplated herein or suffer, or require any employee to work for less than the rate of wages so fixed, or violate any of the provisions contained herein. Where workmen or apprentices are employed and their rate of wages has been determined as provided herein, no person, either for himself or any other person, shall request or demand either before or after the workman is engaged, that the workman pay back, return, donate, contribute, or give any part or all of the workman's wages, salary, or thing of value, to any person, upon the statement, representation, or understanding that failure to comply with the request or demand will prevent the workman from procuring or retaining employment; and no person, directly or indirectly, shall pay, request, or authorize any other person to violate this Section. All contractors and subcontractors required herein to pay not less than the prevailing rate of wages shall make full payment of such wages unconditionally and without subsequent rebate and without any deduction for food, sleeping accommodations, transportation, use of small tools, or any other thing of any kind or description, except deductions which must be made by law or which are required or permitted by collective bargaining agreements between a bona fide labor organization and the contractor or subcontractor. This paragraph does not apply if the employer and employee enter into an agreement in writing at the beginning of any term of employment covering deductions for food, sleeping accommodations, or other similar items, provided the agreement is submitted by the employer to the public body awarding the contract and is approved by the public body as fair and reasonable. If any workman or apprentice is paid less than the compensation to which he is entitled hereunder, the contractor shall make restitution to the affected employee for the amount due within five (5) working days after notice thereof by the public body or employee and shall thereafter be liable to the public body for liquidated damages at the rate of Ten Dollars ($10.00) per day for each employee so underpaid. Each day of violation shall constitute a separate violation.

A copy of the prevailing hourly rate of wages shall be kept posted by the contractor at the site of the work in a prominent place where it can easily be seen and read by the workers. In the event a copy of such prevailing hourly rate of wages shall not be so posted, the contractor may be liable to the public body for liquidated damages at the rate of Ten Dollars ($10.00) per day for each day on which the rates are not posted. Each day of violation shall constitute a separate violation. Payroll records shall be maintained in accordance with regulations prescribed by the Board. The records required to be kept shall be open to inspection by any authorized representative of the public body or the Board at any reasonable time and as often as necessary. The contractor shall submit two (2) complete copies of payroll records and the payroll records of each of his subcontractors, in a form prescribed by regulations established by the Board, one (1) copy to be sent to the agency of the public body which authorized the public work, the other to the Board, where they will be available for inspection by the public during regular business hours. The contractor shall be responsible for the submission of all subcontractors' payroll records covering work performed directly at the work site. Each copy of the payroll records shall be accompanied by a statement signed by the contractor or the subcontractor, as the case may be, indicating that the payroll records are correct, that the wage rates contained therein are not less than those established by the Board as set forth in the contract, that the classification set forth for each workman or apprentice conforms with the work he performed, and that the contractor or the subcontractor, as the case may be, has complied with the provisions of this Division. If the contractor is delinquent in submitting his or any of his subcontractors' payroll records which shall be submitted within fourteen (14) working days after the end of each payroll period, processing of partial payment estimates may be held in abeyance pending receipt of the payroll records. In addition, if the contractor is delinquent in submitting his or any of his subcontractors' payroll records, the contractor shall be liable to the public body for liquidated damages in the amount of Ten Dollars ($10.00) for each calendar day that the payroll records are late.

Eight (8) hours shall constitute a regular day's work for all workmen and apprentices employed on public works. Work in excess of eight (8) hours in any one (1) calendar day, work in excess of forty (40) hours in any calendar week exclusive of overtime and work performed on Sundays and legal holidays, as recognized by Prince George's County, shall constitute overtime work.

On any public works to which this Division applies, only competent workmen and apprentices of the trades, crafts, and occupations shall be employed by the contractor and all subcontractors on the public works, provided that the use of apprentices and the ratio of journeymen to apprentices for each craft involved, shall conform to the apprenticeship programs approved by the Bureau of Apprenticeship Training of the U.S. Department of Labor, and as registered with the Maryland Apprenticeship Council, Department of Labor and Industry. Nothing in this Division prevents the employment of laborers to perform work not ordinarily performed by a skilled mechanic or his apprentice of the trade, craft, or occupation, but no person receiving a rate of pay which is the prevailing rate of wages for skilled mechanic or apprentice of such trade, craft, or occupation. Where a laborer performs the work ordinarily performed by any skilled mechanic or his apprentice, he shall be paid for the entire time he has performed such work at the rate of wages applicable to a skilled mechanic; and in the event of such underpayment, restitution shall be made by the contractor to said employee within five (5) working days after notice by the public body or employee, and thereafter, the contractor may be liable to the public body for liquidated damages in an amount not to exceed Ten Dollars ($10.00) per day for each such violation. Each day of violation shall constitute a separate violation.

It shall be the responsibility of the agency awarding the contract to promptly examine all weekly project payrolls submitted by contractors and subcontractors working upon the job site for compliance with the provisions of this Division and the regulations promulgated in pursuance thereof and to report any irregularities to the Board that the employer has failed to correct. The Board shall determine whether there has been compliance with the provisions of this Division and the regulations promulgated thereunder, and contained in the contract. The contractor and subcontractors shall permit representatives or designees of the Board to observe work being performed upon the work site, to interview employees and to examine the books and records relating to the payrolls on the project to determine the correctness of classifications, ratios of apprentices to journeymen and payment of proper regular and overtime rates as required. Complaints of alleged violations shall be investigated promptly and statements, written or oral, made by an employee shall be treated as confidential and shall not be disclosed to his employer without the consent of the employee. If the Board determines that any of the provisions of this Division may have been violated, the Board shall immediately notify the public body interested, which shall withhold payment on account thereof, due the contractor or the subcontractor constructing said public works in an amount sufficient: To pay the workmen and apprentices employed by the contractor or any subcontractor the full amount of wages required by the provisions of this Division; and To satisfy any liability of any contractor for liquidated damages as provided herein, pending a final determination. Within thirty (30) days after an investigation has been completed, the Board shall advise in writing the interested contractors or subcontractors of its findings and their right to a hearing with respect to the matters complained of. The Board in such a hearing shall be deemed to be acting in a quasi-judicial capacity and shall have the right to issue subpoenas, administer oaths, and examine witnesses. The hearing shall be expeditiously conducted, and upon such hearing, the Board shall determine the issues thereon and shall make and file an order in its office stating such determination and forthwith serve a copy of such order, together with notice of filing, upon the public body interested, and the parties to such proceeding, either personally or by mail. Notwithstanding any other provision to the contrary herein, the Board shall have the authority to make the final determination as to the amount of restitution and may assess liquidated damages for violations of the provisions of this Division if it deems proper to do so under the circumstances. In assessing liquidated damages, the Board shall consider the employers reasons for violation. Where the violation was due to indifference, poor bookkeeping practices, nonfeasance or negligence, the Board shall assess the maximum assessment provided therefore in this Division. Where the employer asserts, prior to or within five (5) working days after notice of violation, a reasonable legal basis for his position, the Board shall not assess any damages. In all other cases, the Board shall weigh the reasons and legal arguments advanced by the employer and assess the damages in accordance to the degree of justification given for the violation. Upon the entry and service of the Board order, the public body shall pay to the workmen and apprentices the full amount of wages due and shall satisfy the liquidated damages, as determined by the Board, from the monies due the contractor and subcontractor. It shall be lawful for any contractor to withhold from any subcontractor under him sufficient sums to cover any amounts of money withheld from him pursuant to this Section by the awarding body on account of said subcontractor's failure to comply with the provisions of this Division, and if payment has already been made to him, the contractor may recover said sums from him in a suit at law. Following investigation as provided herein, the Board shall file with the County Purchasing Agent a list of the contractors and subcontractors whom it finds have willfully violated this Division, and such contractors or subcontractors shall be prohibited from contracting directly or indirectly with any public body for the construction of any public works or from performing any work on the same as a contractor or subcontractor for a period of one (1) year from the date the list is filed with the County Purchasing Agent. No public body shall award a contract for a public works to any such contractor or subcontractor during the one (1) year period. The filing of the list with the County Purchasing Agent shall be notice to all public bodies and their officers, officials, members, agents and representatives.

Any workman or apprentice employed by the contractor or any subcontractor who is paid less than the stipulated prevailing hourly wage rates for work done under the contract shall have a right of action to recover the difference between the amounts so paid and the wage rates provided by the contract, and an action brought to recover same shall be deemed to be a suit for wages, and any and all judgments entered therein shall have the same force and effect as other judgments for wages. It shall not be a defense to such an action that the underpayments were received by said workman or apprentice without protests, either oral or in writing, against the amount thereof, and the lack or failure of protest shall not be a bar to recovery of the difference between the amounts paid and the wage rates provided by the contract.

The Board is hereby authorized and empowered to make any and all rules and regulations from time to time that may be necessary to effectuate the purposes of this Division.

In the event of an emergency, the County Executive is hereby authorized, by Executive Order, to suspend the provisions of this Division, in whole or in part. The meaning of the word emergency as used herein means a pressing necessity or any event or combination of circumstances in the administration of provisions of this Division, which calls for immediate action or remedy in order to protect or advance the interests of the County government. Any such Executive Order shall clearly and specifically describe the nature of the alleged emergency. For any such Executive Order to become effective, it shall be submitted by the County Executive to the County Council for approval thereof. If the County Council fails to take final action on any such Executive Order within seven (7) calendar days after the date of receipt thereof from the County Executive, then such Executive Order shall stand approved.

Building Contractor. The term "building contractor" shall mean any person, firm, copartnership, association, or corporation, or other organization or combination thereof that for a fixed price, commission, fee, or percentage accepts or offers to accept, orders or contracts for performing or superintending the building or construction of any building or structure that is designed to be used as a residence or dwelling, or who constructs for sale any new building or structure for occupancy as a residence or dwelling. Director. The term "Director" shall mean the Director of Permitting, Inspections, and Enforcement. Fraudulent Advertising. The term "fraudulent advertising" shall mean advertising of any oral or written means which purports to provide facilities for the use of a new home, to include tennis courts, swimming pools, golf courses, stables, and any other recreational uses which may induce an individual or individuals to purchase a new home and further that such facilities are not actually provided within one year after time of purchase or at such time as specified in the advertisement. New Home Warranty. The term "new home warranty" shall mean a series of written promises made by a building contractor against defects in materials and workmanship which meets the requirements of the Title 10, Subtitle 6, Real Property Article, Annotated Code of Maryland, as amended from time to time. Person. The term "person" shall include any person, firm, copartnership, corporation, association, or other organization or combination thereof.

It shall be unlawful for any person to engage in the business or act in the capacity of a building contractor as defined herein within Prince George's County without first being registered and having a license issued as provided in this Division.

A board of registration for building contractors is hereby created. The board shall consist of seven (7) members, all of whom shall be appointed by the County Executive subject to Council confirmation pursuant to the Charter. Three (3) members of the board shall be members of a recognized association of home builders. Three (3) members shall not have an active interest in the building and construction field. One member shall be a representative of the County Council. At least four (4) of the appointments, including the three (3) non-industry members and the Council representative, shall be selected from a list of persons submitted by the County Council. The members of the first board shall be appointed for the following terms: two (2) members for one (1) year, two (2) members for two (2) years and one (1) member for three (3) years. On the expiration of the term of any member, the Executive shall appoint or reappoint members for terms of two (2) years. Each member shall hold office until the expiration of his term or until a successor shall have been duly appointed and shall have qualified. Each member of the board shall be a resident of Prince George's County. The Director or his designated agent shall serve as an ex officio member of the board. The board shall elect from its members a chairman, vice chairman and secretary. The chairman shall be selected from among the members without an active interest in the building and construction field. In exercising its powers and duties under this Division, not less than four (4) members shall constitute a quorum. The board shall keep minutes of its proceedings and meetings. All decisions of the board shall be in written form with findings. For assistance in reaching decisions, the board may request technical assistance, advice, data, or factual evidence from the County or other governmental agency. The board shall submit to the Executive an annual report of its proceedings. There may be appointed and assigned to the board such employees, and the County Executive shall make available to the board such services and facilities of the County, as are necessary or appropriate for the proper performance of its duties as determined by the Executive, and the County Attorney shall serve as counsel to the board.

The Director shall maintain a register for the board of all applicants for licenses and all licensees, in such form as the board shall require. Any person desiring to be licensed as a building contractor in Prince George's County shall make and file with the Director a written application on a form approved by the board. Each application shall be accompanied by the application fee prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website. The applicant shall furnish information which shall remain confidential for use of the board only as to the application's character references and financial responsibility, such responsibility may be shown by one or more of the following: Bank business reference and past record with lending institutions, financial statements, credit rating from an independent credit rating institution, bond, or other evidence of financial responsibility which the board exercise its expertise in the building field may find sufficient. The bond to be used to satisfy the requirement of financial responsibility shall be as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website. The bond shall be conditioned that the licensee shall perform all work done by the applicant in the County in accordance with the Building Code and law of the County and State. The County or any person damaged by failure of the licensee to comply with such Code and laws may proceed against such bond in any court of competent jurisdiction. The bonding provision may be satisfied if the applicant has obtained a bond as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website, in connection with an organized program approved by the board which provides the same protection to the public set forth herein. The applicant shall also furnish information as to the applicant's experience and/or training and education, or the experience and/or training and education of the applicant's associates, construction superintendent, or other principal employee or employees in the building trade, as the board shall require. With the exception of those contractors who build exclusively rental multifamily dwellings, all applicants shall provide evidence, satisfactory to the board, of participation in a new home warranty security plan which meets the requirements of Title 10, Subtitle 6, Real Property Article, Annotated Code of Maryland, as amended from time to time. Any license issued for building rental multifamily dwellings exclusively shall be identified in a manner acceptable to the Director. Before the issuance of a license, the Director shall ascertain from official sources the applicant's record of compliance with the laws of the State of Maryland and Prince George's County. The board may request further information from the Director or other sources, make independent investigations and conduct examination of the applicant, at its discretion. On the basis of the foregoing, it shall be the board's duty, within a period of thirty (30) days from the date of the board meeting next following the date the application is received, unless the time is extended for good cause, to certify to the Director whether the applicant and the applicant's organization are qualified to comply with the building code and laws of the County and State, to perform fully the applicant's building contracts, and should be licensed, and to notify the applicant. Before denying the issuance of a license, the board shall afford the applicant an opportunity for a hearing to show cause why the applicant's application should not be denied. The board shall give such applicant at least ten (10) days notice in writing of such hearing by personal service or by certified mail to the last address on file with this board and such notice shall state the intended grounds of denial. In no case shall denial of certification be unreasonable and a denial shall be in writing stating the reason, and shall be personally served or mailed by certified mail to the address on the application. Any denial may be appealed to the Circuit Court for Prince George's County by filing a notice of appeal with the Clerk of the Court within the time period specified in the Court rules for appeals from administrative agency.

The Director shall issue a license to applicants who have paid their license fee and have been certified by the board of registration.

Licenses issued under this Division shall be valid for one year from the date of issuance and may be renewed upon application to the Director. Applicants for renewal shall pay to the County at the time of filing such application fee as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website.

Holders of licenses issued under this Division shall display the same in a prominent place at their place of business and, upon demand, shall give the number of the license to any person who shall demand the same. If any license is lost, defaced or destroyed, the licensee may obtain a duplicate upon application to the Director and payment of a fee as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website.

The board shall have the power to revoke, suspend, or refuse to renew the license of any licensee who shall be found guilty of any one or more of the following acts or omissions: Fraud or deceit in obtaining a license. Abiding, abetting or knowingly combining or conspiring with an unlicensed person with the intent to evade the provisions of this Division. Willful and deliberate violation of the building code and laws of the County or State of Maryland. Abandonment or willful failure to perform, without justification, any contract for construction of a building or structure that is designed to be used as a residence or dwelling place; or willful deviation from or disregard of plans or specifications in any material respect without consent of the owner. Failure in any material respect to comply with the provisions of this Division and other laws and to correct promptly upon notice any failure to comply with the building code or laws of the County and State. Diversion of funds or property received for a specified purpose in the prosecution or completion of any construction project, or operation and their application or use for any other project or operation, obligation or purpose with intent to defraud or deceive creditors or the owners. Upon finding by the board that the licensee lacks good moral character or is not financially responsible. In matters dealing with complaints of defects in construction, the Director will investigate said complaints, and, if the complaints are found to be justified in the opinion of the Director, shall give the licensee one (1) month to correct said defects or until the weather, season, or availability of parts permits correction. Failure to correct such defects shall be reported to the board, which board shall have the power to revoke, suspend or refuse to renew a license upon a finding that a major structural defect or irregularity is involved. Determination of such defect or irregularity shall be based upon the common usages and practices in the building industry within the County. Before revoking, suspending or refusing to renew any license, the board shall afford the licensee an opportunity for hearing to show cause why his license should not be revoked, suspended or the renewal thereof refused. The board shall give such licensee at least ten (10) days notice in writing of such hearing by personal service or by certified mail to the last address on file with the board and such notice shall state the complaint and violation. Any person aggrieved by any action of the board may appeal to the Circuit Court of Prince George's County by filing a notice of such appeal with the Clerk of the Court within the time period specified in the court rules for appeals from administrative agency. Upon a finding by the board that the licensee or his authorized agent is guilty of fraudulent advertisement and has unreasonably failed to supply the facilities advertised.

This Division shall be administered by the Director.

Building permits for a residence or dwelling (except under Section 2-253.16.) shall not be issued to any person except a duly licensed building contractor or his duly authorized agents under the provisions of this Division.

The provisions of this Division shall apply only to construction work within the purview of the building code and laws of the County and the State. Fees paid shall not be refunded for any reason. A license shall not be required for a person who constructs or builds a building or structure that is designed to be used as a residence or dwelling place for his own or immediate family's use provided such person appears before the board and demonstrates to the board that such contract is for his own use or that of his immediate family. In making the determination, the board shall consider matters such as ownership of the land, length of time land was owned, financial arrangements, as well as other matters which the board determines from their expertise in the building field. Such person shall sign a statement that said work or construction for which the permit is sought will be done for himself or his immediate family. Any person who signs such statement in order to evade the provisions of this Division requiring construction by a licensed contractor, or any person who performs work as a building contractor as defined herein without a license shall be in violation of this Division.

Nothing in this Division shall be construed to exempt any construction work in the County from complying with the requirements of the building code.

Any person who shall violate the provisions of this Division by doing business within the County as a building contractor as defined herein without a license or after a license shall have been suspended or revoked shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than One Thousand Dollars ($1,000) or imprisonment of not more than six (6) months, or both.

For the purposes of this Division, the following words, terms, and phrases shall have the meanings given herein: Associate Master Limited means a person licensed under this Division as a Limited Master and who acts as an additional Master Limited to a licensed Limited Contractor and who holds the same type of limited license as the contractor and who personally supervises, directs, and assures work of a limited type (such as, but not limited to, burglar holdup alarms, communications, elevators, gas pumps, heating and air conditioning, remote control signaling, signs, or x-rays) meets the minimum code requirements. Board means the Board of Registration for Master Electricians, Limited, and Electrical Contractors, Limited. Department means the Department of Permitting, Inspections, and Enforcement. Director means the Director of Permitting, Inspections, and Enforcement or the Director's designee. Electrical Contractor, Limited means a person licensed under this Division to engage in the business of contracting to perform electrical work of a limited type (such as, but not limited to, burglar and holdup alarms, communications, elevators, gas pumps, heating and air conditioning, remote control, signaling, signs, or x-rays), which may be a part of an occupation or business licensed or regulated by the County Code or State law, or as an incidental part of a business or occupation for which the Board has determined the licensee's knowledge. Electrical Subcontractor, Limited means an Electrical Contractor licensed under this Division that engages in the business of subcontracting to perform electrical work of a limited type, such as, but not limited to, burglar and holdup alarms, communications, elevators, gas pumps, heating and air conditioning, remote control, signaling, signs or x-rays, which may be a part of an occupation or business licensed or regulated by the County Code or State law, or as an incidental part of a business or occupation for which the Board has determined the licensee's knowledge. Electrical work means the installation, erection, or repair of: Electrical wires or conductors to be used for the transmission of electric power for communications, electric light, heat, or other power-consuming purposes; Moldings, ducts, raceways, or other conduits for the reception or protection of such wires or conductors; or Any electrical machinery, fixed appliance, or other device, fixture, or associated hardware to be used for communications, light, heat, or other power-consuming purposes if directly connected to the power supply by a permanent connection. Inactive License means a Master Limited Electrician's license when the licensee has ceased working the trade but desires to preserve the right to become active again without taking the examination by making application for such license and by paying the biennial renewal fees. Reactivation of license requires payment of normal licensee fee as prescribed in Section 2-253.55(c). Master Electrician, Limited means a person licensed under this Division who is principally employed by the Electrical Contractor Limited he represents and who personally supervises, directs, and assures the work of a limited type (such as, but not limited to, burglar and holdup alarms, communications, elevators, gas pumps, heating and air conditioning, remote control signaling, signs, or x-rays), which meets minimum Code requirements. Telegraph Company means any public service company which owns or leases telephone lines for the reception, transmission, or communication of messages by telegraph, or which lets, licenses, or sells telegraphic communications.

It shall be unlawful for any person to engage in the business or act in the capacity of an Electrical Contractor, Limited, or Electrical Subcontractor, Limited, in Prince George's County without obtaining and maintaining a valid license issued under this Division, and employing a Master Electrician, Limited, as appropriate. It shall be unlawful for any person to engage in the business or act in the capacity of a Master Electrician, Limited, without obtaining and maintaining a valid license issued under this Division. It shall be unlawful for any person licensed under this Division as an Electrical Contractor, Limited, to contract to perform electrical work of any type not included in their license. It shall be unlawful for any person licensed as a Master Electrician, Limited, to engage in the business of supervising, directing, or performing electrical work of any type not authorized by their license. Any person who violates any provision of this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than One Thousand Dollars ($1,000) or imprisonment of not more than six (6) months, or both.

A Board of Registration for Master Electricians, Journeyman Electricians, Apprentice Electricians, and Electrical Contractors is hereby created. The Board shall consist of five (5) members who shall be appointed by the County Executive and confirmed by the County Council. The Board shall include two (2) members who are Master Electricians, one (1) member who is an Electrical Contractor, and two (2) members of the public with no pecuniary interest in any business engaged in electrical work or related fields. Upon the expiration of the term of any member, the County Executive shall appoint or reappoint members, subject to confirmation by the Council, for terms of two (2) years. At the time of the appointment, the County Executive shall designate the Chairman of the Board, who shall be one of the public members. Each member shall hold office until the expiration of his term or until a successor shall have been duly appointed and shall have qualified. Each member of the Board shall be a resident of Prince George's County. The Director or the Director's designated agent shall serve as an ex-officio member of the Board. The Board shall elect from its members a Vice-Chairman and Secretary. The Board shall keep minutes of its proceedings and meetings. Not less than three (3) members of the Board shall constitute a quorum. All decisions of the Board shall be in writing and shall include all findings made by the Board. For assistance in reaching decisions, the Board may request technical assistance, advice, data or factual evidence from the Department or other governmental agency. The Board shall submit to the County Executive an annual report of its proceedings. The Board shall hear and determine all appeals from decisions of the Chief Electrical Inspector. The Board may, in conformance with the law, reverse, affirm or modify, wholly or in part, any decision from which an appeal is taken. The Director shall make available to the Board such services and facilities as are necessary for the proper performance of its duties. The Office of Law shall provide legal counsel to the Board. The Board shall promulgate rules of procedure for the conduct of hearings. The rules of procedure shall be subject to the approval of the County Executive.

The Director shall maintain a register for the Board of all applicants for electrical licenses in such form as the Board shall require. Any person desiring to be licensed as an Electrical Contractor, Limited, or Electrical Subcontractor, Limited, shall make and file with the Director an electronic application approved by the Board, together with a nonrefundable application fee as prescribed in the Table of Fees in Subtitle 2, Division 14C, Section 2-253.63, and a copy of a current Maryland Construction Firm license where insurance of not less than Three Hundred Thousand Dollars ($300,000.00) per occurrence, and required by State law. The applicant shall provide proof of ownership of bodily injury liability and property damage liability insurance of not less than Three Hundred Thousand Dollars ($300,000.00) per occurrence, or equivalent self-insurance. The application shall include information as to the trade name and place of business of the person desiring to be licensed, and the name and license number of the Master Electrician, Limited, employed by the Electrical Contractor, Limited, or Electrical Subcontractor, Limited, or their firm to supervise and personally be responsible for electrical work performed under contract of the Electrical Contractor or Subcontractor. The firm shall notify the Board within five (5) working days of the name and license number of any person other than the persons named in the original license or renewal license application as the Master Electrician, Limited, employed by the firm. Any individual desiring to be licensed as a Master Electrician, Limited, shall make and file with the Director an electronic application approved by the Board, together with a nonrefundable fee as prescribed in the Table of Fees for each examination, including: Application. Every applicant shall include in the application one (1) passport sized color photo and information as to pertinent experience and education. An applicant shall have been regularly and principally employed or engaged in electrical work either by the government or under the direction and supervision of a Master Electrician, Limited; or in electrical work of the particular type applied for, under the direction and supervision of Master Electrician, Limited, or a combination thereof, for not less than four (4) years. An applicant employed by the government shall submit affidavits from qualified supervisory personnel certifying the applicant's four (4) years of experience in electrical work or electrical work of a limited type. The Board may accept an education equivalent for not more than two (2) years of employment experience required of any applicant. Examination. Every applicant shall take an examination prepared and administered by the Board to test the applicant's knowledge of electrical work of a particular type, and of the Electrical Code and its application to that particular type of electrical work. An applicant must complete the examination in a manner satisfactory to the Board in order to be licensed. License Fee. Prior to issuance of a first year license following passing of the qualifying examination, each applicant shall remit the fee prescribed in the Table of Fees to cover the cost of the first year license. Where the limited license is incidental to a business or occupation requiring testing or proof of competency as a condition of a license, the applicant shall supply proof of license in such business or occupation. Where such business or occupation is unlicensed, the applicant shall supply proof of education experience in such business or occupation. An applicant shall notify the Board of any proceeding pending or instituted against the applicant for a commission of any crime involving moral turpitude, or for a violation of the Electrical Code, or any law of the County or State of Maryland related to the performance of electrical work. Upon termination of such proceeding, the applicant shall notify the Board of the result of the proceeding.

The Board shall review all applications for issuance and renewal of licenses, including all pertinent information and recommendations from the Director and other sources related to the applications. The Board may deny an application for issuance or renewal of a license upon review of the applicant's record of compliance with the laws of the State of Maryland and Prince George's County. The Director shall obtain that record from official sources, and forward it to the Board. The Board shall, by examination, determine the knowledge of each applicant for license as Master Electrician, Limited, concerning electrical work and the Electrical Code and its application to the trade. The Board shall determine whether an applicant has successfully completed that examination, by application of criteria established by the Board. The Board may request further information from the Director or other sources, make independent investigations, or conduct further examinations of an applicant, at its discretion. The Board shall certify to the Director whether an applicant is qualified to be licensed within thirty (30) days after the next meeting of the Board following receipt of all information requested by the Board pertaining to an applicant, unless the time is extended for good cause. An applicant for license as an Electrical Contractor, Limited, shall satisfy the Board that the applicant will comply with the Electrical Code and the laws of the State of Maryland and Prince George's County, and will fully perform all electrical contracts. An applicant for license as a Master Electrician, Limited shall satisfy the Board that the applicant has acquired the technical competence and experience to comply with the Electrical Code. If the Board, upon review of all pertinent information, determines that an applicant is not qualified for issuance or renewal of a license, the Board shall deny the application in writing, stating the reason, and deliver that denial to the Director. The Director shall cause that denial to be personally served or mailed by certified mail to the address of the applicant supplied on their application. The Board shall, upon denial of an application, offer the applicant an opportunity for a public hearing at which he may show cause why the application should not be denied. An applicant, upon denial of the applicant's application, may appeal that denial to the Circuit Court by filing notice of appeal with the Clerk of the Circuit Court not later than thirty (30) days after notice of denial of their application is personally served or mailed. An applicant shall be given an opportunity to review all records of the Board pertinent to the applicant's appeal or request for public hearing in accordance with the procedures established by the Board. The Director shall issue a license or renewal of a license to an applicant who has been certified by the Board, and who has paid the required application fee. A licensee shall notify the Board of any civil or criminal proceeding instituted against them for commission of a crime involving moral turpitude, or for violation of the Electrical Code, or any law of the County or State of Maryland related to the performance of electrical work. Upon termination of such civil or criminal proceeding the licensee shall notify the Board of the result of the proceeding. Any person issued a Master Electrician, Limited, License will be issued an electronic downloadable license, which is to be carried by the licensee, and, upon request, the licensee shall provide the license including license number.

Licenses issued by the Director, upon certification by the Board, shall expire two (2) years from the last day of the month in which the license was issued, and shall be subject to biennial renewal by the licensee. A licensee may renew a license by making and filing with the Director an electronic application for renewal approved by the Board, together with a fee as prescribed in the Table of Fees for Master Electrician, Limited. The Director shall notify licensees by electronic mail or other means determined by the Director of the expiration date of their licenses sixty (60) days prior to the date of expiration. A licensee who fails to renew a license before the expiration date may renew the license within thirty (30) days after the expiration date upon filing a renewal application electronically including the appropriate renewal fee and paying the late fees prescribed in the Table of Fees in Subtitle 2, Division 14C, Section 2-253.63. Satisfactory completion of an examination shall be required by the Board except that the Board may waive the examination for good cause. Licenses expired for longer than two (2) years are not renewable. Notwithstanding any other provision of this Division, the Director may, in their discretion, establish a systematic method for administering the renewal of licenses under this Division, including, but not limited to, establishing staggered renewal dates for existing licensees and prorating license fees based on such renewal dates. Master Electricians, Limited, holding an active license issued in Prince George's County must obtain ten (10) hours of Continuing Education Units ("CEU") for every two-year license renewal cycle. Verification of CEU will be submitted to the License Office along with the renewal fee and application. No application will be accepted without CEU documentation. Only CEU obtained from a recognized college or trade school or State recognized training program will be accepted. Notification to the Board is required within three (3) days of a change of professional address.

Any person may file a complaint regarding defects in electrical work with the Board or Director. The Director shall investigate any complaint filed. If the Director finds the complaint to be justified, he shall report the complaint to the licensee, who is the subject of the complaint, and order the licensee to correct the defect within a reasonable period of time, not to exceed one (1) month. Conditions endangering life or property shall be corrected immediately. The Director shall determine defects or irregularities based upon the provisions of the Electrical Code. The Director shall report to the Board the failure of any licensee to correct defects as ordered by the Director.

The Board shall have the power to revoke, suspend, or refuse to issue or renew the license of any person who shall be found to have committed any one or more of the following: Fraud or deceit in obtaining or renewing a license; Failure to correct a major defect or irregularity, as ordered by the Director pursuant to Section 2-253.56; Conviction for any crime involving moral turpitude; Aiding, abetting or knowingly combining or conspiring with any person to evade the provisions of this Division; Willful and deliberate violation of the Electrical Code or laws of the County or State of Maryland regarding electricity; Abandonment or willful failure to perform, without justification, any project or contract for electrical work; Failure to comply with the provisions of this Division in any material respect, or to correct such failure promptly upon notice; Diversion of funds or property received for a specific purpose in any construction project or operation; Application or use for any other project or operation, obligation or purpose, funds or property received for a specific purpose in another construction project, with intent to defraud or deceive the parties to the contract or creditors; Permitting any person, firm or corporation not licensed by the Board to obtain a permit or perform electrical work under the authority of a licensee; Repeatedly performing or permitting the performance of defective or unsafe work; Failure of a licensed Electrical Contractor, Limited, or Electrical Subcontractor, Limited, to be financially responsible for the completion of contracted work; and Failure of a licensed Electrical Contractor, Limited, Electrical Subcontractor, Limited, or Master Electrician, Limited, to maintain a license incidental to the limited license, through nonrenewal or revocation or for a violation of the foregoing paragraphs 1 through 12 in the incidental business or profession. Before revocation, suspension, or denial of any license, the Board shall afford the licensee or applicant for license an opportunity for hearing to show cause why their license should not be revoked, suspended, or denied. The Board shall provide written notice to the licensee or applicant for license of the charges against them, not less than ten (10) days before the date of hearing, by personal service or certified mail to the last address on file with the Board. The Board shall notify any licensee or applicant for license of the revocation, suspension, or denial of their license by written notice delivered by personal service or certified mail to the last address on file with the Board. Any person aggrieved by an action of the Board may appeal to the Circuit Court not more than thirty (30) days after service of the notice by the Board.

Any person issued a Master Limited license by the Board will receive an electronic downloadable license which is to be carried by the licensee, and, upon demand, the licensee shall give the number of the license and/or the license to any authorized person. Any contractor issued an Electrical Contractor's Limited license by the Board will receive an electronic downloadable license which shall be displayed in a prominent place at the place of business and, upon demand, shall give the license number to any authorized person. A duplicate Master Electrician, Limited and/or Electrical Contractor, Limited license may be obtained upon application and payment of a fee as prescribed in the Table of Fees to replace one that has been lost, defaced, or destroyed. Any person using a vehicle exclusively in the performance of electrical work in the County shall have a sign on the vehicle displaying the name and license number of the Electrical Contractor, Limited, with letters and numerals not less than four (4) inches high and one-half (1/2) inch wide. Any person using a private vehicle in the performance of electrical work must display in the window of that vehicle a sign, not less than twelve (12) inches wide and sixteen (16) inches long, which contains the name and license number of the Electrical Contractor, Limited.

The requirements for a written examination under Section 2-253.53 for a Master Electrician, Limited may be waived by the Board when the applicant is licensed by any neighboring county of this State, and obtained such license after passing a written examination designed to determine the applicant's knowledge of electrical work and the science of electricity. The Board shall periodically review the requirements of neighboring jurisdictions to determine whether written examinations are designed to determine adequately the applicant's knowledge of electrical work and the science of electricity. The Board may refuse to waive written examination upon finding that a neighboring jurisdiction's written examination is not sufficient to meet County standards or upon finding that a neighboring jurisdiction does not grant reciprocity to Master Electricians, Limited licensed by the County.

Nothing in this Division shall be construed to exempt any electrical work in the County from compliance with the requirements of the National Electrical Code, except for work performed by public utility companies when such work is specifically exempt by provisions of Section 90-2 of the National Electrical Code.

Electrical permits shall only be issued to a duly licensed Master Electrician, Limited, to a duly licensed Refrigeration, Air Conditioning and/or Heating Contractor, or to homeowners as provided by Section 9-117 of this Code. The application shall be signed by the licensed Master Electrician, Limited, responsible for technical supervision of the work, and shall identify the licensed Electrical Contractor, Limited, where applicable. The application from duly licensed Refrigeration, Air Conditioning and/or Heating Contractors shall be signed by the Master Mechanic employed by the Contractor. Residential telephone wiring on existing residential structures by a telephone company or a telecommunications services company, as defined in Section 5A-150(a)(15) of this Code, shall be subject to blanket permitting requirements only, as approved by the Prince George's County Chief Electrical Inspector.

No person shall perform electrical work without a valid permit clearly posted on the job site or presented to the owner or occupant. Except as provided in Section 9-117 of the Prince George's County Code, all electrical work shall be performed under the supervision of a licensed Master Electrician, Limited. Any violation of this Division shall be a civil offense subject to a penalty not to exceed One Hundred Dollars ($100.00). The procedures of Subdivision 1, Division 3, Subtitle 28 of this Code shall apply.

This fee schedule applies to fees and charges assessed by Prince George's County, Maryland for regulated activities that occur within its jurisdiction. The fees prescribed in this schedule will supersede previous fees and charges assessed by Prince George's County, Maryland for regulated activities that occur within its jurisdiction. All fees and charges are subject to a 5% technology fee with the exception of the multi-family rental license fee and the single-family rental license fee. Subject to Subsection (j), below, the Director of the Department of Permitting, Inspections and Enforcement shall establish and maintain a comprehensive Table of Fees, as referenced and included in this Bill, for all types of permits. The Director or the County Council shall have the authority to change the fees from time to time as is determined necessary; and the Director shall republish the Table of Fees which shall be posted in the Department of Permitting, Inspections and Enforcement's Permit Office and on its website. Prior to implementing a change in the fees, the Director of the Department of Permitting, Inspections and Enforcement shall hold public informational sessions to allow for public comment as part of this process. The Director shall also submit the proposed Table of Fees to the County Executive for approval and for transmittal to the County Council for legislative review and approval by resolution, after notice and public hearing. The Director of the Department of Permitting, Inspections and Enforcement shall promulgate written regulations to establish and govern a method of notification for increases as a result of the International Code Council and industry standard increases. The Director shall also promulgate written regulations for the administration of the provisions of this Section and shall, at his or her discretion, hold public informational sessions to allow for public comment as part of this process. Fees may be adjusted using a method established by the International Code Council and industry standards pursuant to paragraphs (d) and (e) of this Section. Any changes to fees and charges that are not connected to the International Code Council or industry standards, except for those prescribed in Subsection (j), below, shall be changed by County Council approval by resolution, after notice and public hearing. Each fee set forth in the schedule shall be paid in advance of the issuance of a permit, license, plan or item as set forth in the schedule. If the application review is pending through no fault of the licensee after the expiration date, then that application will not be subject to administrative late fees. Fees shall not be refunded in whole or in part once work has begun, licenses or permits have been issued or funds have been encumbered. Prior to those itemized occurrences and within six (6) months of payment, it is within the discretion of the Director of the Department of Permitting, Inspections and Enforcement to issue a refund. The fees and charges shall be designated in a Table of Fees section 2-253.63, Attachment A and as published on the DPIE website. Fees and charges pursuant to this section assessed to a Locally owned and Operated Business as defined in Section 10-335(a)(4) shall be discounted by 50% at the time of such assessment. Special Quality of Life Impact Uses. The following fees shall apply and be remitted in advance of the issuance of Use and Occupancy permits for the following uses: Any business that is a commercial use with a Class A beer, wine, and liquor license pursuant to Title 26, Subtitle 9 of the Alcoholic Beverages and Cannabis Article, Annotated Code of Maryland - $5000; Any business that is a tobacco shop, electronic cigarette shop, retail tobacco business, or convenience store use, as prescribed under Part 27-5 of Subtitle 27 of the Code, with a tobacco retail license issued by the Maryland Alcohol, Tobacco, and Cannabis Commission - $5000; Any business that is a commercial use operating pursuant to a State of Maryland Regulated Firearms Dealer's License under Title 5, Subtitle 1 of the Public Safety Article, Annotated Code of Maryland - $5000; and Any business that is a consolidated storage use, as prescribed under Part 27-5 of Subtitle 27 of the Code - $5000 Renewal fee. Each business to which Paragraph (1), above, is applicable shall be required to remit an annual Use and Occupancy permit renewal fee in the amount of $5000 per year due every 12 months after the date of initial use and occupancy permit approval. Any business defined under (A), (B), (C), or (D) in Paragraph (1), above, with an existing Use and Occupancy permit as of the effective date of this Subsection shall commence remitting an annual Use and Occupancy permit renewal fee due no later than January 1, 2027 of $5000 and by every January 1st thereafter. The Use and Occupancy permit of any business that does not comply with this Paragraph shall be invalid and revoked by the Director of the Department of Permitting Inspections and Enforcement. Revocation. The Use and Occupancy permit of any business that does not comply with this Paragraph shall be invalid and revoked by the Director of the Department of Permitting, Inspections, and Enforcement. Prior to the revocation of a permit under this paragraph, the Director shall give written notice to the permittee setting forth the basis of the revocation. Any person whose permit is revoked under this paragraph may appeal the decision of the Director to the Board of Administrative Appeals for Prince George's County within ten (10) calendar days after receipt of notice of revocation. As a courtesy, the Director of the Department of Permitting Inspections and Enforcement may notify in writing any business that is subject to a Use and Occupancy permit renewal fee requirement pursuant to this Subsection of its renewal fee obligation at least 90 days before the renewal fee due date and may grant up to a 90-day grace period for late renewal fee payments. Failure to provide this discretionary renewal notice is not a legal basis to challenge the revocation of the Use and Occupancy permit or any other enforcement action taken pursuant to this Subtitle. On February 1st of each year, the Director of the Department of Permitting, Inspections, and Enforcement shall increase the fees prescribed in this Subsection by the greater of (i) the average Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria area published by the Federal Bureau of Labor Statistics for the previous calendar year or (ii) zero percent. Quality of Life Improvement Fund. The Office of Finance shall establish and administer a Quality of Life Improvement Fund, a nonlapsing fund into which all fees remitted in accordance with this Subsection shall be deposited and that shall not revert to the County fund balance at the end of each fiscal year. Funds from the Quality of Life Improvement Fund shall be used solely for the following: Quality of life improvements for the residents of Prince George's County, which may include, but are not limited to including: Youth, child care, and educational programs, projects, and initiatives; Public health and senior wellness programs, projects, and initiatives; Public safety, pedestrian safety, and road and transit safety programs, projects, and initiatives; and Economic assistance programs, projects, and initiatives for residents and businesses in socioeconomically disadvantaged circumstances; and Administrative costs associated with operating quality of life improvement programs identified in this subparagraph. At the time of remittance, 10% of the fees remitted to the Quality of Life Improvement Fund shall be disbursed to the Prince George's County Early Start Child Care Scholarship Fund and 5% of the fees remitted to the Quality of Life Improvement Fund shall be disbursed to the Child Care Facilities Loan Program. Except for disbursements mandated by Subparagraph (B), above, any disbursements from the Quality of Life Improvement Fund shall be proposed and approved by County Council resolution. This Subsection shall not apply to any use that is operating as a gas station. Sit-down Restaurant Permitting Incentive Program. Definition. For the purposes of this subsection, Sit-down restaurant means a restaurant, as defined pursuant to Part 27-2 of Subtitle 27 of the Code, whose principal method of operation consists of sit-down table service provided by dedicated waitstaff for on-site food and beverage consumption. A sit-down restaurant must provide table service to at least ninety percent (90%) of its patrons, and one hundred percent (100%) of its patrons must be served by dedicated waitstaff. Restaurants whose principal method of operation is counter service, quick service, or carryout food and beverage service for offsite consumption are not sit-down restaurants under this Subsection. Restaurants that provide drive through service are not sit-down restaurants under this Subsection. Sit-down Restaurant Permitting Incentive. Fees and charges pursuant to this section assessed to a business that is a sit-down restaurant or to an applicant to operate as a sit-down restaurant shall be discounted by fifty percent (50%) at the time of such assessment. The Director of the Department of Permitting, Inspections, and Enforcement: shall interpret this Section and assess the features of a business applicant to determine whether the business is a sit-down restaurant in accordance with this Subsection before applying the discount prescribed herein; and is authorized to promulgate regulations to administer this Act, subject to approval by resolution of the County Council. ATTACHMENT A. TABLE OF FEES DPIE FEE SCHEDULE - Date 8-15-2024 This table is as referenced in Prince George's County Code Subtitle 2, Division 14C, Section 2-253.63 DPIE Fee Description Minimum Permit Fee (not Including Other Applicable Fees) Fee Rule - Fee Calculation(if Higher than Minimum) GENERAL PERMIT FEES After-Hours Permit $72 Total Fee = Administrative Fee $66 + Permit Fee $72. Plus Technology Fee 10% Developer Contribution - Road Construction Fee in Lieu - Offsite Improvement PB Condition — LMS Note: When depositing payment, prepare receipt with customer number account that each payment should be deposited. Fee based on Planning Board Condition with Annual Escalation No Technology Fee. Only applicable if required by PB Condition. These fees are typically collected with each applicable building permit. Duplicate Documents - at discretion of staff $0.32 per Page Plus Technology Fee - 10% Duplicate Permit $6.60 Plus Technology Fee - 10% M-NCPPC Review Fee $5 Plus Technology Fee - 10%. This fee is collected with all permits that require MNCPPC review. Miscellaneous Document Searches (for MPIA and Staff Searches) $82 per hour over two hours; $0.32 per letter-sized page; $6.60 per document (permits, U&O certificates, oversized sheets, inspection history, census reports, certified copies); $53 plus $6.60 per page for re-stamped plans). Plus Technology Fee - 10% New Plan Review Fee $120 $120 per discipline per hour. Plus Technology Fee - 10% Post Construction Permit Fee - Residential - 1st Offense Building $500, Electrical $500, Mechanical $500, Fire Protection $500, Geotechnical $500, Civil $500 Fees are assessed in addition to normal building permit fees. Plus Technology Fee - 10%. Refer to County Code Section 4-352(i)(53) Post Construction Permit Fee - Commercial - 1st Offense Building $2000, Electrical $2000, Mechanical $2000, Fire Protection $2000, Geotechnical $2000, Civil $2000 Fees are assessed in addition to normal building permit fees. Plus Technology Fee - 10%. Refer to County Code Section 4-352(i)(53) Post Construction Permit Fee - Residential - 2nd Offense Building $1000, Electrical $1000, Mechanical $1000, Fire Protection $1000, Geotechnical $1000, Civil $1000 Fees are assessed in addition to normal building permit fees. Plus Technology Fee - 10%. Refer to County Code Section 4-352(i)(53) Post Construction Permit Fee - Commercial - 2nd Offense Building $3000, Electrical $3000, Mechanical $3000, Fire Protection $3000, Geotechnical $3000, Civil $3000 Fees are assessed in addition to normal building permit fees. Plus Technology Fee - 10%. Refer to County Code Section 4-352(i)(53) Preliminary Design Meeting $990 Plus Technology Fee 10% Technology Fee 10% As Appropriate Universal Design for Housing Waiver Request Fee $245 Plus 5% Technology Fee Variance Application Fee $231.00 Plus Technology Fee 10% Note: All DPIE/Health permitting and licensing fees are assessed an additional ten percent (10%) Technology Fee Abbreviations: DU — Dwelling Unit LF — Linear Foot R/W — Right-of-Way SF — Square Foot Govolution Fees: The Govolution servicing fees for ACH, credit and debit card payment processing are as follows: * eCheck/ACH payments incur a servicing fee of $1.50. * Visa Consumer Debit Transactions incur a flat rate service fee of $3.95. * All other Credit & Debit card transactions incur a service fee of 2.45% of the payment amount. Visit ePayments to make online payments. BUILDING PERMIT FEES RESIDENTIAL BUILDING PERMIT FEES Addition - Residential $1.17 per SF plus $1.30/SF over 3500 SF Total Fee = Administrative Fee $66 + Building Permit Fee (SF × $1.17 plus $1.30/SF over 3500 SF) + $53 Grading Fee + $112 U&O + $5 M-NCPPC - Plus Technology Fee 10%. Alteration/Repair - Interior $220 Total Fee = Administrative Fee $66 + Building Permit Fee ($220 or 1% of Construction Cost, whichever is greater) + $112 U&O if applicable. Plus Technology Fee 10%. Fees. Alteration/Repair without U&O - Exterior $220 Total Fee = Administrative Fee $66 + Building Permit Fee ($220 or 1% of Construction Cost, whichever is greater). Plus Technology Fee 10%. Application Filing Fee for New Buildings, Structures $66.00 Administrative $66 plus Up to 50% of the Estimated Cost of the Permit (Refundable less Administrative and Plan Review Costs Incurred if Application is Cancelled). Plus Technology Fee 10% Areaway/External Stair Addition See Alteration/Repair without U&O - Exterior Basement Finishing See Alteration/Repair interior Bike Signage Fee (based on Planning Board Condition) Varies No Technology Fee. Collect only if required by Planning Board Condition Building Permit - Modification/Revision After Issuance - Residential $132 Total Fee = Administrative Fee $66 + Building Permit Fee $132 + $53 Grading Fee if applicable + $5 MNCPPC. Plus Technology Fee 10% Building Permit - Modification/Revision Prior To Issuance - Residential $66 $66 + $53 Grading Fee if applicable + $5 MNCPPC. Plus Technology Fee 10% Carport $1.17 per SF plus $1.30/SF over 3500 SF Total Fee = Administrative Fee $66 + Building Permit Fee (SF × $1.17 plus $1.30/SF over 3500 SF) + $53 Grading Fee + $5 M-NCPPC. Plus Technology Fee 10% Deck or Pergola $151.00 Total Fee = Administrative Fee $66 + Building Permit Fee $151 + $53 Grading Fee + $5 M-NCPPC. Plus Technology Fee 10% Demolition (Not Full Raze) $172 Total Fee = Administrative Fee $66 + Building Permit Fee $172 + $53 Grading Fee if Exterior + $5 M-NCPPC. Plus Technology Fee 10% Enclose Existing Porch/Deck - or - New Porch See Alteration/Repair interior Fair Share Contribution (based on Planning Board Condition) Varies No Technology Fee. Collect only if required by Planning Board Condition Fence - Residential $145 Total Fee = Administrative Fee $66 + Building Permit Fee $145 + $53 Grading Fee + $5 MNCPPC. Plus Technology Fee 10% Fire Damage - Residential $660 Total Fee = Administrative Fee $66 + Building Permit Fee ($660 or 1% of Construction Cost, whichever is greater) + $53 Grading Fee + $5 MNCPPC. Plus Technology Fee 10% Fire Sprinkler - Residential - NFPA 13R or 13 System $220.00 Total Fee = Administrative Fee $66 + $4 per head or minimum $220. Plus Technology Fee 10% Fire Sprinkler - Residential (one and two family dwelling and townhouses not more than 3 stories) - NFPA 13D System $152 residential Total Fee = Administrative Fee $66 + $152 residential. Plus Technology Fee 10% Fireplace with Chimney See Alteration/Repair interior Fireplace/Wood Stove - Prefabricated See Alteration/Repair interior Garage - Attached and Detached $1.17 per SF Total Fee = Administrative Fee $66 + Building Permit Fee (SF × $1.17) + $53 Grading Fee + $5 M-NCPPC + $112 U&O. Plus Technology Fee 10% Gazebo - Residential $151 Total Fee = Administrative Fee $66 + Building Permit Fee $151 + $53 Grading Fee + $5 M-NCPPC. Plus Technology Fee 10% Home Builder Guarantee Fund $60 No Technology Fee. (DPIE Keeps $1 for Administrative Processing) - Assessed on New Residential - Per Dwelling Unit Light Pole Base (Private Street Lights) $99 Total Fee = Administrative Fee $66 + Building Permit Fee $99 + $46 for each Additional Pole Base + $53 Grading Fee. Plus Technology Fee 10% Master File - Plans On File (POF) - fees charged for one building permit only See Single Family Dwelling (New Construction House) Mobile Home Replacement (Existing Parks Only) $1,485 Total Fee = Administrative Fee $66 + Building Permit Fee $1485 + $53 Grading Fee + $5 M-NCPPC + $112 U&O. Plus Technology Fee 10% Open Pit $151 Total Fee = Administrative Fee $66 + Building Permit Fee $151 + $53 Grading Fee + $5 M-NCPPC. Plus Technology Fee 10% Patio - Residential > 500 Sq Ft $151 Total Fee = Administrative Fee $66 + Building Permit Fee $151 + $53 Grading Fee + $5 M-NCPPC. Plus Technology Fee 10% Permit Application Renewal, Extension - or - Extension of Expired Permit $132 Plus Technology Fee 10%; Add $5 MNCPPC Permit Renewal - Residential $132 Plus Technology Fee 10%; Add $5 MNCPPC Pole Barn $132 Total Fee = Administrative Fee $66 + Building Permit Fee ($132 or 1% of Construction Cost, whichever is greater) + $53 Grading Fee + $5 MNCPPC. Plus Technology Fee 10% Post Construction Permit Fees See General Permit Fees Section Public Safety and Behavioral Health Surcharge Fee - all other locations - subject to determination by MNCPPC $9,680 (July 1, 2024 to June 30, 2025) Per Building; No Technology Fee Public Safety and Behavioral Health Surcharge Fee - locations inside Transportation Service Area 1, as defined by MNCPPC in Approved General Plan and for construction in an area included in a basic plan or conceptual site plan abutting existing or planned mass transit rail station site operated by WMATA and complies with requirements of any sector plan, master plan or overlay zone - subject to determination by MNCPPC $3,229 (July 1, 2024 to June 30, 2025) Per Building; No Technology Fee Public Safety Fee - Mitigation for Police $4,983 Per Building; No Technology Fee; Collect Fee if Required by Planning Board Conditions Public Safety Fee - Mitigation for Fire $1,741 Per Building; No Technology Fee; Collect Fee if Required by Planning Board Conditions Ramp $151.00 Total Fee = Administrative Fee $66 + Building Permit Fee $151 + $53 Grading Fee + $5 M-NCPPC. Plus Technology Fee 10% Raze - Residential $396 Total Fee = Administrative Fee $66 + Building Permit Fee ($396 or 1% of Construction Cost, whichever is greater) + $53 Grading Fee + $5 MNCPPC. Plus Technology Fee 10% Retaining Wall - > 2 ft. - Residential $120 per wall Total Fee = Administrative Fee $66 + Building Permit Fee $120 per wall + $53 Grading fee + $5 M-NCPPC. Plus Technology Fee 10%. Roofing - Shingles & Plywood - Residential See Alteration/Repair without U&O - Exterior Satellite Dish - Residential $99 Total Fee = Administrative Fee $66 + Building Permit Fee $99 + $5 MNCPPC. Plus Technology Fee 10% School Surcharge Fee - All Other Locations - subject to determination by MNCPPC $20,500 per DU (July 1, 2024 to June 30, 2025) Per DU; No Technology Fee School Surcharge Fee - locations inside Transportation Service Area 1 and locations within a Basic Plan or Conceptual Site Plan that abuts a mass transit rail stations with certain MNCPPC approvals - subject to determination by MNCPPC $11,950 per DU (July 1, 2024 to June 30, 2025) Per DU; No Technology Fee Shed > 150 Sq Ft $1.17 per SF Total Fee = Administrative Fee $66 + Building Permit Fee (SF × $1.17) + $53 Grading Fee + $5 M-NCPPC. Plus Technology Fee 10% Single Family Dwelling (New Construction House) < 3,500 Sq Ft $4,095 Total Fee = Administrative Fee $66 + Building Permit Fee $4095 + $53 Grading Fee + $112 U&O + $5 M-NCPPC. Plus Technology Fee 10%. Add School Facility Surcharge and Public Safety and Behavioral Health Surcharge Fees. Single Family Dwelling (New Construction House) > 3,500 Sq Ft $4,095 Total Fee = Administrative Fee $66 + Building Permit Fee ($1.17 plus $1.30/SF over 3500 SF) + $53 Grading Fee + $112 U&O + $5 MNCPPC. Plus Technology Fee 10%. Add School Facility Surcharge and Public Safety and Behavioral Health Surcharge Fees. Solar Panels (Ground-mounted) - Residential $158 Total Fee = Administrative Fee $66 + Building Permit Fee ($0.03 per watt or $158, whichever is greater) + $53 Grading Fee + $5 MNCPPC + $112 U&O. Plus Technology Fee 10% Solar Panels (Roof-mounted) - Residential $158 Total Fee = Administrative Fee $66 + Building Permit Fee ($0.03 per watt or $158, whichever is greater) + $5 MNCPPC. Plus Technology Fee 10% Sun Room See Addition - Residential Swimming Pool (Above-ground/Restoration) - Residential $132 Total Fee = Administrative Fee $66 + Building Permit Fee ($132) + $53 Grading Fee + $5 MNCPPC. Plus Technology Fee 10% Swimming Pool (In-ground) - Residential $297 Total Fee = Administrative Fee $66 + Building Permit Fee ($297) + $53 Grading Fee + $5 MNCPPC. Plus Technology Fee 10% Townhouse (New Construction House) See Single Family Dwelling (New Construction House) Underpinning - Residential or Commercial See Alteration/Repair without U&O - Exterior Use & Occupancy - 1 & 2 Family Dwelling $112 Plus Technology Fee 10% Waterproofing See Alteration (Interior or Exterior), Repair, Accessory, or Miscellaneous Building Permit Window Well See Alteration/Repair without U&O - Exterior COMMERCIAL BUILDING PERMIT FEES ADA Chairlift/Vertical Lift (Exterior) - Commercial $220 Total Fee = Administrative Fee $66 + Building Permit Fee ($220 or 2% of verifiable construction cost prepared by A/E or GC, whichever is greater) + $53 Grading Fee + $5 MNCPPC. Plus Technology Fee 10% ADA Chairlift/Vertical Lift (Interior) - Commercial $220 Total Fee = Administrative Fee $66 + Building Permit Fee ($220 or 2% of verifiable construction cost prepared by A/E or GC, whichever is greater) + $5 MNCPPC. Plus Technology Fee 10% Addition/Enlargement - Commercial See New Construction, Addition, Enlargement - Commercial Alteration (Interior or Exterior), Repair, Accessory, or Miscellaneous Building Permit - Commercial $220 Total Fee = Administrative Fee $66 + Building Permit Fee ($220 or 2% of verifiable construction cost prepared by A/E or GC, whichever is greater) + $53 Grading Fee + $5 MNCPPC + $277 U&O if applicable. Plus Technology Fee 10% Alteration/Repair - Interior - Commercial See Alteration (Interior or Exterior), Repair, Accessory, or Miscellaneous Building Permit - Commercial Alteration/Repair without U&O - Exterior - Commercial See Alteration (Interior or Exterior), Repair, Accessory, or Miscellaneous Building Permit - Commercial Application Filing Fee for New Buildings, Structures - Commercial $500 Administrative Fee $66 + 50% of the Estimated Cost of the Permit or $500 (Whichever is higher) (Refundable of application filing fee, less Administrative and Plan Review Costs Incurred if Application is Cancelled). Plus Technology Fee 10% Awning - Commercial See Alteration (Interior or Exterior), Repair, Accessory, or Miscellaneous Building Permit - Commercial Building Permit - Modification/Revision After Issuance - Commercial $660 Total Fee = Administrative Fee $66 + Building Permit Fee $660 + $53 Grading Fee + $5 M-NCPPC. Plus Technology Fee 10% Building Permit - Modification/Revision Prior to Issuance - Commercial $198 Total Fee = $198 + $53 Grading Fee + $5 M-NCPPC. Plus Technology Fee 10% Building Permit - Revision After Issuance - with No Changes to Plans - Commercial $99 Total Fee = Administrative Fee $66 + Revision Fee $99. Plus Technology Fee 10% Cell Towers $900 Total Fee = Administrative Fee $66 + Building Permit Fee ($900 or 2% of Verifiable Construction Cost estimate prepared by A/E or GC, whichever is greater) + $53 Grading Fee + $5 MNCPPC. Plus Technology Fee 10% Demolition (Not Full Raze) - Commercial $220 Total Fee = Administrative Fee $66 + Building Permit Fee ($220 or 2% of Verifiable Construction Cost estimate prepared by A/E or GC, whichever is greater) + $53 Grading Fee + $5 M-NCPPC. Plus Technology Fee 10% Elevator - Interior - Commercial See Alteration (Interior or Exterior), Repair, Accessory, or Miscellaneous Building Permit - Commercial Fence - Commercial $198 Total Permit Fee = Administrative Fee $66 + Building Permit Fee ($198 per fence or 2% of Verifiable Construction Cost estimate prepared by A/E or GC, whichever is greater) + $53 Grading Fee + $5 MNCPPC. Plus Technology Fee 10% Fire - Miscellaneous $110 Total Fee = Administrative Fee $66 + Fire Fee $110. Plus Technology Fee 10% Fire Alarm - Commercial $264 Total Fee = Administrative Fee $66 + Fire Fee $264 Per Floor. Plus Technology Fee 10% Fire Damage - Commercial $440 Total Fee = Administrative Fee $66 + Building Permit Fee ($440) + $53 Grading Fee + $5 MNCPPC. Plus Technology Fee 10% Fire Revision $132 per review cycle Total Fee = Administrative Fee $66 + Fire Fee $132 per cycle. Plus Technology Fee 10% Fire Sprinkler - Commercial - NFPA 13D System $231 Total Fee = Administrative Fee $66 + Fire Fee $231. Plus Technology Fee 10% Fire Sprinkler - Commercial - NFPA 13R or 13 System $220 Total Fee = Administrative Fee $66 + Fire Fee ($220 minimum, $4 per head, whichever is greater). Plus Technology Fee 10% Fire Suppression Hood - Commercial $231 Total Fee = Administrative Fee $66 + Fire Fee $231. Plus Technology Fee 10% Foundation Only - Commercial 20% of permit fee for overall project Total Fee = Administrative Fee $66 + Building Permit Fee (20% of fee for overall project) + $53 Grading Fee + $5 MNCPPC. Plus Technology Fee 10% Light Pole Base - Commercial $220 Total Fee = Administrative Fee $66 + Building Permit Fee ($220 or 2% of verifiable construction cost prepared by A/E or GC, whichever is greater) + $53 Grading Fee + $5 MNCPPC + $277 U&O. Plus Technology Fee 10% Mechanical Permit - Commercial/Residential $86 Total Fee = Administrative Fee $66 + Mechanical Fee ($86 or 1.3% of Mechanical Construction Cost, whichever is greater). Plus Technology Fee 10% New Construction, Addition, Enlargement - Commercial $220 Total Fee = Administrative Fee $66 + Building Permit Fee ($220 or $1.65 per SF, whichever is greater) + $53 Grading Fee + $5 MNCPPC + $277 U&O. Plus Technology Fee 10% Observation Stand - Commercial $220 Total Fee = Administrative Fee $66 + Building Permit Fee ($220 or 2% of verifiable construction cost prepared by A/E or GC, whichever is greater) + $53 Grading Fee + $5 MNCPPC + $277 U&O. Plus Technology Fee 10% Permit Extension - Commercial $264 $264. Plus Technology Fee 10% Permit Renewal - Commercial $264 $264. Plus Technology Fee 10% Raze - Commercial $990 Total Fee = Administrative Fee $66 + Building Permit $990 + $53 Grading + $5 M-NCPPC. Plus Technology Fee 10% Retaining Wall - Commercial $198 Total Fee = Administrative Fee $66 + Building Permit Fee ($198 per wall or 2% of Verifiable Construction Cost estimate prepared by A/E or GC, whichever is greater) + $53 Grading Fee + $5 MNCPPC. Plus Technology Fee 10% Roofing - Covering - Commercial See Alteration (Interior or Exterior), Repair, Accessory, or Miscellaneous - Commercial - Exterior Satellite Dish - Commercial or Residential $151 Total Fee = Administrative Fee $66 + Building Permit Fee $151 + $5 MNCPPC. Plus Technology Fee 10%. Signs, Freestanding/Ground Mounted - Commercial or Residential $264 Total Fee = Administrative Fee $66 + Building Permit Fee $264 + $53 Grading Fee + $5 M-NCPPC. Plus Technology Fee 10% Signs, Reface (Wall Mounted or Reface) - Commercial or Residential $73 Total Fee = Administrative Fee $66 + Building Permit Fee $73 + $5 MNCPPC. Plus Technology Fee 10% Solar Panels (Ground-mounted/Pole) - Commercial $220 Total Fee = Administrative Fee $66 + Building Permit Fee ($200 minimum or $0.02 per watt for 100kW to 2MW; $0.016 per watt for over 2 MW; whichever is greater) + $53 Grading Fee + $5 MNCPPC. Plus Technology Fee 10% Solar Panels (Roof Mounted) - Commercial $220 Total Fee = Administrative Fee $66 + Building Permit Fee ($200 minimum or $0.02 per watt for 100kW to 2MW; $0.016 per watt for over 2 MW, whichever is greater) + $5 MNCPPC. Plus Technology Fee 10% Special Event (Use and Occupancy Temporary Structures) $198 plus $26 for each structure over 10 Total Fee = Administrative Fee $66 + Building Permit Fee ($198 plus $26 per structure over 10). Plus Technology Fee 10% Special Event - Expedited Review Fee - Application Filed and Accepted 1 business day prior to event $1,000 plus cost of county overtime and contracted inspection Plus Technology Fee 10% Special Event - Expedited Review Fee - Application Filed and Accepted 11 business days to 15 business days prior to event - More than 10 Structures (Tents, Stages, Inflatables) and/or More than 500 Expected Attendees $350 Plus Technology Fee 10% Special Event - Expedited Review Fee - Application Filed and Accepted 11 business days to 15 business days prior to event - Up to 10 Structures (Tents, Stages, Inflatables) and no more than 500 Expected Attendees $250 Plus Technology Fee 10% Special Event - Expedited Review Fee - Application Filed and Accepted 6 business days to 10 business days prior to event - More than 10 Structures (Tents, Stages, Inflatables) and/or More than 500 Expected Attendees $550 Plus Technology Fee 10% Special Event - Expedited Review Fee - Application Filed and Accepted 6 business days to business days prior to event - Up to 10 Structures (Tents, Stages, Inflatables) and no more than $450 Plus Technology Fee 10% Special Event - Expedited Review Fee - Application Filed and Accepted 4 business days to 5 business days prior to event $600 Plus Technology Fee 10% Special Event - Expedited Review Fee - Application Filed and Accepted 3 business days or less prior to event $1,000 Plus Technology Fee 10% Special Event (Including Farmers' Market) - Organizer's Temporary U&O Fee $143 filed before April 30th, $238 all others Total Fee = Administrative Fee $66 + Building Permit Fee ($143 if filed before April 30th, $238 all others). Plus Technology Fee 10% Swimming Pool - Restoration - Commercial $220 Total Fee = Administrative Fee $66 + Building Permit Fee $220. Plus Technology Fee 10% Swimming Pool In Ground - Commercial $990 Total Fee = Administrative Fee $66 + Building Permit Fee $990 + $53 Grading Fee + $277 U&O + $5 M-NCPPC Tanks (Above Ground or Below Ground); Add, Remove or Replace $172 Total Fee = Administrative Fee $66 + Building Permit Fee $172 + $53 Grading Fee + $5 M-NCPPC. Plus Technology Fee 10%. Telecommunication Antennas/Cell Towers Permit Fee - (Co-Location) $450 Total Fee = Administrative Fee $66 + Building Permit Fee $450. Plus Technology Fee 10% Telecommunication Antennas/Cell Towers Permit Fee - (Minor Modification) $270 Total Fee = Administrative Fee $66 + Building Permit Fee $270. Plus Technology Fee 10% Telecommunication Antennas/Cell Towers Permit Fee - (New) $900 Total Fee = Administrative Fee $66 + Building Permit Fee ($900 or Construction Cost × 0.0096, whichever is greater) + $53 Grading Fee + $5 M-NCPPC + $277 U&O. Plus Technology Fee 10% Telecommunications Transmission Facility Application Fee (Co-Location) $1,800 Total Fee = Administrative Fee $66 + $1,800 Building permit fee Telecommunications Transmission Facility Application Fee (Master Plan Update Fee) $600 Total Fee = Administrative Fee $66 + $600 Building permit fee Telecommunications Transmission Facility Application Fee (Minor Modification) $600 Total Fee = Administrative Fee $66 + $600 Building permit fee Telecommunications Transmission Facility Application Fee (New) $3,000 Total Fee = Administrative Fee $66 + $3,000 Building permit fee Telecommunications Transmission Facility Application or Plan Revision Fee $300 Total Fee = Administrative Fee $66 + $300 Building permit fee Tenant Fit-out - Commercial See Alteration (Interior or Exterior), Repair, Accessory, or Miscellaneous Building Permit - Commercial Tower Crane $660 Total Fee = Administrative Fee $66 + Building Permit Fee $660. Plus Technology Fee 10% Use & Occupancy - Food Facility - Commercial $178 Total Fee = Administrative Fee $66 + U&O Fee $178. Plus Technology Fee 10% Use & Occupancy - New Building or Addition, Alteration, Repair to Existing Building - Commercial $277 Total Fee = Administrative Fee $66 + U&O Fee $277. Plus Technology Fee 10% Use & Occupancy - No Construction, New Tenant or Owner Change - Commercial Administrative Fee $66 + U&O Fee $198 to be paid by a new tenant or owner, when there is a change in ownership Plus 10% Technology Fee Use & Occupancy - No Construction, New Owner with Existing Tenant - Commercial Administrative Fee $66 + U&O Fee $198 to be paid by the new owner, on behalf of the existing tenant when there is a change in ownership, only Plus 10% Technology Fee Use & Occupancy - Temporary - Commercial or Residential See Use & Occupancy Fees Temporary - Inspections Section Use & Occupancy - Non Food Facility- Commercial $172 Total Fee = Administrative Fee $66 + U&O Fee $172. Plus Technology Fee 10% Use & Occupancy - Temporary Construction Trailer $264 per trailer Total Fee = Administrative Fee $66 + U&O Fee $264 per trailer. Plus Technology Fee 10% Use & Occupancy - Temporary Office Trailer $198 per trailer Total Fee = Administrative Fee $66 + U&O Fee $198 per trailer. Plus Technology Fee 10% Waterproofing $198 Total Fee = Administrative Fee $66 + Building Permit Fee $198. Plus Technology Fee 10% ELECTRICAL TRADE PERMIT FEES Electrical Permit Fee - A/C Equipment Unit $50 Total Fee = Administrative Fee $66 + Electrical Permit Fee $50. Plus Technology Fee 10% Electrical Permit Fee - Appliance $50 Total Fee = Administrative Fee $66 + Electrical Permit Fee $50. Plus Technology Fee 10% Electrical Permit Fee - Audio/Visual Equipment $90 Total Fee = Administrative Fee $66 + Electrical Permit Fee $90. Plus Technology Fee 10% Electrical Permit Fee - Bonding Only $99 Total Fee = Administrative Fee $66 + Electrical Permit Fee $99. Plus Technology Fee 10% Electrical Permit Fee - Data/Telephone Equipment $90 Total Fee = Administrative Fee $66 + Electrical Permit Fee $90. Plus Technology Fee 10% Electrical Permit Fee - Dental Chair $50 Total Fee = Administrative Fee $66 + Electrical Permit Fee $50. Plus Technology Fee 10% Electrical Permit Fee - Dispenser with Pump $90 Total Fee = Administrative Fee $66 + Electrical Permit Fee $90. Plus Technology Fee 10% Electrical Permit Fee - Electrical Demolition $90 Total Fee = Administrative Fee $66 + Electrical Permit Fee $90. Plus Technology Fee 10% Electrical Permit Fee - Electrical Sign $50 Total Fee = Administrative Fee $66 + Electrical Permit Fee $50. Plus Technology Fee 10% Electrical Permit Fee - Electric Vehicle Charging Per New Outlet $110 Total Fee = Administrative Fee $66 + Electrical Permit Fee $110 per outlet. Plus Technology Fee 10% Electrical Permit Fee - Fire Alarm $90 Total Fee = Administrative Fee $66 + Electrical Permit Fee $90. Plus Technology Fee 10% Electrical Permit Fee - Generator $50 Total Fee = Administrative Fee $66 + Electrical Permit Fee $50. Plus Technology Fee 10% Electrical Permit Fee - Heating Equipment Unit $50 Total Fee = Administrative Fee $66 + Electrical Permit Fee $50. Plus Technology Fee 10% Electrical Permit Fee - Imaging Equipment (CT Scan, MRI, X-ray) $90 Total Fee = Administrative Fee $66 + Electrical Permit Fee $90. Plus Technology Fee 10% Electrical Permit Fee - Light Fixture, Exclude Light Pole (Segment of 15) $50 Total Fee = Administrative Fee $66 + Electrical Permit Fee $50. Plus Technology Fee 10% Electrical Permit Fee - Light Pole $50 Total Fee = Administrative Fee $66 + Electrical Permit Fee $50. Plus Technology Fee 10% Electrical Permit Fee - Motor $50 Total Fee = Administrative Fee $66 + Electrical Permit Fee $50. Plus Technology Fee 10% Electrical Permit Fee - Motor Control Center $162 Total Fee = Administrative Fee $66 + Electrical Permit Fee $162. Plus Technology Fee 10% Electrical Permit Fee - New Home (Up to 400 Amps) $198 Total Fee = Administrative Fee $66 + Electrical Permit Fee $198. Plus Technology Fee 10% Electrical Permit Fee - New Home (Over 400 Amps) $277 Total Fee = Administrative Fee $66 + Electrical Permit Fee $277. Plus Technology Fee 10% Electrical Permit Fee - Office Partition (Relocatable) Furniture Whip $50 Total Fee = Administrative Fee $66 + Electrical Permit Fee $50. Plus Technology Fee 10% Electrical Permit Fee - Radio/TV/Satellite Communication Station $90 Total Fee = Administrative Fee $66 + Electrical Permit Fee $90. Plus Technology Fee 10% Electrical Permit Fee - Re-Introduction of Power $119 Total Fee = Administrative Fee $66 + Electrical Permit Fee $119. Plus Technology Fee 10% Electrical Permit Fee - Rough Wire Outlet, Segment of 15 $50 Total Fee = Administrative Fee $66 + Electrical Permit Fee $50. Plus Technology Fee 10% Electrical Permit Fee - Security Alarm $90 Total Fee = Administrative Fee $66 + Electrical Permit Fee $90. Plus Technology Fee 10% Electrical Permit Fee - Service Equipment/Heavy Up (Up to 300 Amps) $90 Total Fee = Administrative Fee $66 + Electrical Permit Fee $90. Plus Technology Fee 10% Electrical Permit Fee - Service Equipment/Heavy Up (Over 300 Amps) $162 Total Fee = Administrative Fee $66 + Electrical Permit Fee $162. Plus Technology Fee 10% Electrical Permit Fee - Spray Paint Booth $198 Total Fee = Administrative Fee $66 + Electrical Permit Fee $198. Plus Technology Fee 10% Electrical Permit Fee - Sub Panel (Up to 300 Amps) $90 Total Fee = Administrative Fee $66 + Electrical Permit Fee $90. Plus Technology Fee 10% Electrical Permit Fee - Sub Panel (Over 300 Amps) $119 Total Fee = Administrative Fee $66 + Electrical Permit Fee $119. Plus Technology Fee 10% Electrical Permit Fee - Swimming Pool $162 Total Fee = Administrative Fee $66 + Electrical Permit Fee $162. Plus Technology Fee 10% Electrical Permit Fee - Temporary Fire Alarm $90 Total Fee = Administrative Fee $66 + Electrical Permit Fee $90. Plus Technology Fee 10% Electrical Permit Fee - Therapeutic Pool, Spa, Tub, Hydro-massage $90 Total Fee = Administrative Fee $66 + Electrical Permit Fee $90. Plus Technology Fee 10% Electrical Permit Fee - Transfer Switch $50 Total Fee = Administrative Fee $66 + Electrical Permit Fee $50. Plus Technology Fee 10% Electrical Permit Fee - Transformer and UPS System $99 Total Fee = Administrative Fee $66 + Electrical Permit Fee $99. Plus Technology Fee 10% Electrical Permit Fee - Work with Power Company $50 Total Fee = Administrative Fee $66 + Electrical Permit Fee $50. Plus Technology Fee 10% Electrical Permit Fee - Whole House Low Voltage $198 Total Fee = Administrative Fee $66 + Electrical Permit Fee $198. Plus Technology Fee 10% Electrical Permit Fee - Cut-in Power $119 Total Fee = Administrative Fee $66 + Electrical Permit Fee $119. Plus Technology Fee 10% Electrical Permit Fee - Disconnect - Amp $119 Total Fee = Administrative Fee $66 + Electrical Permit Fee $119. Plus Technology Fee 10% Electrical Permit Fee - Exit Sign (Segment of 15) $50 Total Fee = Administrative Fee $66 + Electrical Permit Fee $50. Plus Technology Fee 10% Electrical Permit Fee - Fire Pump $363 Total Fee = Administrative Fee $66 + Electrical Permit Fee $363. Plus Technology Fee 10% Electrical Permit Fee - Meter Stack/Replacement (Individual Meter) $50 Total Fee = Administrative Fee $66 + Electrical Permit Fee $50. Plus Technology Fee 10% Electrical Permit Fee -Miscellaneous $99 Total Fee = Administrative Fee $66 + Electrical Permit Fee $99. Plus Technology Fee 10% Electrical Permit Fee - Multi-Family Dwelling - Apts/Condos (Individual Meters) $119 Total Fee = Administrative Fee $66 + Electrical Permit Fee $119. Plus Technology Fee 10% Electrical Permit Fee - Smoke Detector (Segment of 15) $50 Total Fee = Administrative Fee $66 + Electrical Permit Fee $50. Plus Technology Fee 10% Electrical Permit Fee - Solar PV System - (Group of 100 Panels) - Commercial and Residential $95 Total Fee = Administrative Fee $66 + Electrical Permit Fee $95. Plus Technology Fee 10% Electrical Permit Fee - Temporary Wiring $162 Total Fee = Administrative Fee $66 + Electrical Permit Fee $162. Plus Technology Fee 10% Electrical Permit Fee - Thermostat $50 Total Fee = Administrative Fee $66 + Electrical Permit Fee $50. Plus Technology Fee 10% Electrical Permit Fee - Trench $119 Total Fee = Administrative Fee $66 + Electrical Permit Fee $119. Plus Technology Fee 10% Electrical Permit Fee - Work Started by Others $198 Total Fee = Administrative Fee $66 + Electrical Permit Fee $198. Plus Technology Fee 10% SITE ROAD PERMIT FEES Bond Recall Fee $330 Plus Technology Fee 10% Bond Reduction Fee $330 Plus Technology Fee 10% Bus Shelter Fee In Lieu $19,800 No Technology Fee. Planning Board Conditions require bus shelters case by case basis. Permittee shall install pad for shelter. DPW&T will furnish and install shelter. Pay fee in lieu of Shelter, prior to issuance of site road permit. Developer Contribution - Fee in Lieu of Frontage — LMS Note: When depositing payment, prepare receipt with customer number account that each payment should be deposited. Based on County Approved Design and Design/Construction Cost No Technology Fee. Only applicable if waiver has been approved by DPIE Director. Collected with Grading or Street Construction Permit. Extra Review Cycle Fee $180 (1 residential lot); $2,400 all other permits Fee Required after 4th Review Cycle, each Cycle. This fee applies to Site Development Concepts, Street Grade Establishment, Street Construction Permits, Site Development Rough Grading Permits, Site Development Fine Grading Permits. Add 10% Technology Fee. Refer to County Code Section 23-115(e). Floodplain Information Request $66 Plus Technology Fee 10% Floodplain Modeling (GIS by County) - 1 Residential Lot $330 Plus Technology Fee 10% Floodplain Modeling (GIS by county) - Existing Conditions $3,300 $3,300 Fee is Assessed Per Tributary. Plus Technology Fee 10% Floodplain Modeling (GIS by county) - Existing &/or Proposed Conditions $4,620 $4,620 Fee is Assessed Per Tributary. Plus Technology Fee 10% Floodplain Study/Delineation Review - Length of Stream $0.66 $0.66 Per LF of Stream. Plus Technology Fee 10% Floodplain Study/Delineation Review - Structures $264 $264 Per Structure. Plus Technology Fee 10% Floodplain Study/Delineation Review - Set Elevation $66 $66 Per Structure. Plus Technology Fee 10% Grading, Street Construction, Special and Restoration Permit Fees - PART ONE - Road Construction* N/A Road Construction Permit Fee = 11% of approved construction cost of all work in public r/w - and - private streets for Single Family and Townhouse Residential. Construction cost based on County Approved Construction Price List. One third is collected at time of permit application and remainder prior to permit issuance. Plus Technology Fee 10% Grading, Street Construction, Special and Restoration Permit Fees - PART TWO - Grading* $53 $0.01056 per SF of Disturbed Area Outside of Public R/W. One Third is collected at time of permit application. Remainder is collected prior to permit issuance. Plus Technology Fee 10%. Grading, Street Construction, Special and Restoration Permit Fees - PART THREE - SWM/SD Outside R/W* $44 SWM/SD Outside R/W Permit Fee = 11% of approved construction cost of all SD and SWM work outside public r/w, based on County Approved Construction Price List. One third is collected at time of permit application and remainder prior to permit issuance. Plus Technology Fee 10% *These fee categories are applicable to Street Construction Permits, Site Development Rough or Fine Grading Permits, Special Permits. These fees are applicable to Restoration Permits that include restoration of new subdivision roads to enable use of new roadway for Construction Traffic. Grading, Street Construction, Special and Restoration Permit Extensions - PART ONE* N/A Road Construction Permit Extension Fee 25% of original permit fee (based on 11% of Construction Cost). Plus Technology Fee 10%. Grading, Street Construction, Special and Restoration Permit Extensions - PART TWO* $53 Grading Permit Extension Fee $0.01056 per SF of Disturbed Area Outside of Public R/W. Plus Technology Fee 10%. Grading, Street Construction, Special and Restoration Permit Extensions - PART THREE* N/A SWM/SD Permit Extension Fee 25% of original permit fee (based on 11% of construction cost). Plus Technology Fee 10%. Grading, Street Construction, Special and Restoration Permit Extensions - Minor* $132 Plus Technology Fee 10% Grading, Street Construction, Special and Restoration Permit Extensions - Major Revision* $132 Grading Fee = Cost of Plan Review Services; Road Construction Fee = 11% of construction cost of incremental change; SWM/SD Outside R/W Fee= 11% of construction cost of revised portion. Plus Technology Fee 10% Haul Road/Logging-Timber Transport Permit $1,584 Haul Road, $120 + Grading Fee Logging/Timber Transport Plus Technology Fee 10%. Pay 1/3 of permit fee at time of application and remainder prior to issuance. Haul Road/Logging-Timber Transport Permit Extension $396 Haul Road, 25% of Logging/Timber Transport Original Permit Fee 25% of Original Permit Fee. Plus Technology Fee 10% Haul Road/Logging-Timber Transport Permit Revision $132 Plus Technology Fee 10% Letter of Responsibility $152 Plus Technology Fee 10% Oversize/Overweight Vehicle Permit $1,584 Plus Technology Fee 10%. Pay 1/3 of permit fee at time of application and remainder prior to issuance. Oversize/Overweight Vehicle Permit Extension $330 25% of Original Permit Fee. Plus Technology Fee 10% Oversize/Overweight Vehicle Permit Revision $132 Plus Technology Fee 10% Post Construction Permit Fees Refer to General Fees Section Residential Driveway Apron Rural Double (Driveway Width > 15 to 20 ft) $446 Plus Technology Fee 10% Residential Driveway Apron Rural Single (Driveway Width = 10 to 15 ft) $302 Plus Technology Fee 10% Residential Driveway Apron Urban Double Standard (Driveway Width > 15 to 20 ft) $330 Plus Technology Fee 10% Residential Driveway Apron Urban Single Standard (Driveway Width = 10 to 15 ft) $224 Plus Technology Fee 10% Residential Driveway Parking Pad Permit $125 $125 + $53 Grading Fee + $5 M-NCPPC Residential Driveway Permit Extension Varies 25% of Original Permit Fee Residential Driveway Permit Revision $132 Plus Technology fee 10% Restoration Permit Fee - Residential Minor Work $158 $158 + Grading Fee. These Restoration Permit Fees are applicable to minor restoration work, for example pools, pool removal, residential additions/alterations. Plus Technology Fee 10% Restoration Permit Fee - Commercial Minor Work $264 $264 + Grading Fee. These Restoration Permit Fees are applicable to restoration work due to minor commercial construction. Plus Technology Fee 10% Restoration Permit Revision $132 Plus Technology Fee 10% Restoration Permit Extension 25% of original permit fee Plus Technology Fee 10% Road Plan Deficiency Fee $180 (1 residential lot); $1,800 all other permits Fee is assessed if applicant submits a permit without including all required roads in the permit scope. This fee is applicable to Site Development Fine Grading Permits and Street Construction Permits. Add 10% Technology Fee. Refer to County Code Section 23-115(f). Site Development Concept Plan Review - Church or Non-Profit $330 Plus Technology Fee 10% Site Development Concept Plan Review - Commercial $660 Plus Technology Fee 10% Site Development Concept Plan Review (1 Residential Lot) $198 Plus Technology Fee 10% Site Development Concept Plan Review (2 or More Residential Lots) $660 Plus Technology Fee 10% Site Development Concept Plan Revision $132 Plus Technology Fee 10% Site Development Concept Plan Extension $132 Plus Technology Fee 10% Small Wireless Facility Administrative Permit Fee (Filing Fee) $480 Plus Technology Fee 10% Small Wireless Facility Permit Fee - utility facility installed under roadway pavement in public right-of-way $3.12 $3.12 Per LF Utility Facility Under Roadway Pavement in Public ROW. Plus Technology Fee 10% Small Wireless Facility Permit Fee - utility facility installed outside roadway pavement in public right-of-way $0.78 $0.78 Per LF Utility Facility Outside Roadway Pavement in Public ROW. Plus Technology Fee 10% Small Wireless Facility Permit Fee - aerial utility facility in public right-of-way $0.36 $0.36 Per LF Aerial Utility Facility in Public ROW. Plus Technology Fee 10% Small Wireless Facility Permit Fee - per structure $60 $60 Per Structure. Plus Technology Fee 10% Small Wireless Facility Permit Fee Moratorium Road - roadway pavement cut $15.60 $15.60 Per LF Roadway Pavement Cut. Plus Technology Fee 10% Small Wireless Facility Permit Revision Fee (before issuance) - for each review cycle after first $180 $180 Per Review Cycle after First Cycle. Plus Technology Fee 10% Small Wireless Facility Permit Revision Fee (after issuance) $132 Calculate based on the above for revised portion of permit. Plus Technology Fee 10% Small Wireless Facility Permit Extension Fee $156 Plus Technology Fee 10% Small Wireless Facility Maintenance Utility Permit Fee - Issuance No charge (Additional fees due at renewal of Small Wireless Facility Maintenance Utility Permit, based on work performed in prior year) Small Wireless Facility Maintenance Utility Permit Fee - Renewal (due annually, beginning on first anniversary) $324 per facility Due Annually. Plus Technology Fee 10%. (Additional fees due at renewal of Small Wireless Facility Maintenance Utility Permit, based on work performed in prior year) Small Wireless Facility Maintenance Utility Permit Fee - roadway pavement cuts $225 $225 Per Cut. Plus Technology Fee 10%. (Additional fees due at renewal of Small Wireless Facility Maintenance Utility Permit, based on work performed in prior year) Small Wireless Facility Maintenance Utility Permit Fee - above ground aerial installation $27.60 $27.60 Per LF. Plus Technology Fee 10%. (Additional fees due at renewal of Small Wireless Facility Maintenance Utility Permit, based on work performed in prior year) Special Utility Permit - Administrative Fee $360 Pay at time of permit application (filing fee). Plus Technology Fee 10% Special Utility Permit - Not Under Roadway $0.60/LF of Utility Not Under Roadway Pay 1/3 of permit fee at time of application and remainder prior to issuance. Plus Technology Fee 10% Special Utility Permit - Aerial Utility in ROW $0.24/LF of Aerial Utility in ROW Pay 1/3 of permit fee at time of application and remainder prior to issuance. Plus Technology Fee 10% Special Utility Permit Impact Fee (Moratorium Roads) $12/LF of Roadway Cut Pay 1/3 of permit fee at time of application and remainder prior to issuance. Plus Technology Fee 10% Special Utility Permit - Under Roadway $2.40/LF of Utility Under Roadway Pay 1/3 of permit fee at time of application and remainder prior to issuance. Plus Technology Fee 10% Special Utility Permit Extension $120 Plus Technology Fee 10% (Special Utility) Maintenance Utility Permit Annual Fee $6,000 Plus Technology Fee 10% (Special Utility) Maintenance Utility Permit A&I Fee - Pavement Cuts $173 per cut Plus Technology Fee 10% (Special Utility) Maintenance Utility Permit A&I Fee - Aerial Installation $21 per LF Plus Technology Fee 10% Street Name Signs Fee in Lieu $330 per sign No Technology Fee; This fee is assessed for public street name signs, which are fabricated and furnished by DPW&T Sign Shop. SWM/SD As Built Plan $495 Plus Technology Fee 10% SWM/SD As Built Plan - Non- profit, Church, Tax Exempt $248 Plus Technology Fee 10% SWM/SD Plans Update if Permit Not Issued 24 Months after "Technical" Approval $132 Plus Technology Fee 10% SWM Fee in Lieu Based on Concept Letter No Technology Fee. This fee is paid at time of Grading Permit for most projects. For small projects that do not require grading permit, this fee is collected at time of Site Development Concept approval. Refer to County Code Section 32-120(a)(9) Stormwater Management Pond Maintenance (public ponds) $11,000 11% of total construction cost for public ponds. Plus Technology Fee. This fee is paid at time of Grading or Street Construction Permit. Tree Preservation, Reforestation, and/or Chesapeake Bay Critical Area Mitigation - Fee in Lieu Amount Approved by M-NCPPC No Technology Fee. This fee is paid at time of Grading or Street Construction Permit. Temporary Gravel Access Permit $396 Plus Technology Fee 10% Temporary Gravel Access Permit Extension $99 Plus Technology Fee 10% Special Drain Permit $132 $132 per Connection. Plus Technology Fee 10% Road Construction Permit Based on Grading and Street Construction Permit Fees Listed Above W/S Final Plat Review $462 $462 Per Plat Mylar. Plus Technology Fee 10% W/S Final Plat Review Surcharge - Expedite $132 $132 Per Plat Mylar (additional). Plus Technology Fee 10% W/S Category Amendment Residential (1 DU) $462 Plus Technology Fee 10% W/S Category Amendment Residential (2—10 DU's) $1,320 Plus Technology Fee 10% W/S Category Amendment Residential (11—25 DU's) $2,970 Plus Technology Fee 10% W/S Category Amendment Residential (26—100 DU's) $4,620 Plus Technology Fee 10% W/S Category Amendment Residential (101+ DU's) $19,800 Plus Technology Fee 10% W/S Category Amendment Commercial (2 acres or less) $2,640 Plus Technology Fee 10% W/S Category Amendment Commercial (> 2 acres) $8,580 Plus Technology Fee 10% W/S Category Amendment Mixed Use (residential fee + commercial fee) Based on Residential Plus Commercial Fees Listed Above Based on Residential Plus Commercial Fees Listed Above. Plus Technology Fee W/S Category Amendment Late Fee 11% of W/S Category Amendment Fee Plus Technology Fee 10% Water Category Waiver - Public Connection $462 Per DU. Plus Technology Fee 10% Sewer Category Waiver - Public Connection $462 Per DU. Plus Technology Fee 10% Well Waiver - Residential Interim System $660 Per DU. Plus Technology Fee 10% Septic Waiver - Residential Interim System $660 Per DU. Plus Technology Fee 10% Well Waiver - Non-Residential Interim System $1,122 Per DU. Plus Technology Fee 10% Septic Waiver - Non-Residential Interim System $1,122 Per DU. Plus Technology Fee 10% W/S Plan (report) $264 Per Copy. Plus Technology Fee 10% W/S Category Map (36" × 60") $370 Per Copy. Plus Technology Fee 10% W/S Category Map (11" × 17") $132 Per Copy. Plus Technology Fee 10% W/S Category Map Excerpt $66 Per Copy. Plus Technology Fee 10% BUSINESS LICENSE FEES Benefit Performance - Bingo, Benefit Dinner, Pull Tabs, Silent Auction, Bazaar $99 Total Fee = Administrative Fee $66 + License Fee $99. Plus Technology Fee 10% Benefit Performance - Carnival Permit (0—7 Days) $363 Total Fee = Administrative Fee $66 + License Fee $363. Plus Technology Fee 10% Benefit Performance - Carnival Permit (Each Week or Portion of a Week Thereafter) $198 Total Fee = Administrative Fee $66 + License Fee $198. Plus Technology Fee 10% Benefit Performance - Carnival Permit (per Ride) $33 Total Fee = Administrative Fee $66 + License Fee $33. Plus Technology Fee 10% Benefit Performance - Charitable Gaming Event Permit (per Event) $297 Total Fee = Administrative Fee $66 + License Fee $297. Plus Technology Fee 10% Benefit Performance - Charitable Gaming Event Permit (per Mechanical Device) $99 Total Fee = Administrative Fee $66 + License Fee $99. Plus Technology Fee 10% Benefit Performance - Raffle Permit $33 Total Fee = Administrative Fee $66 + License Fee $33. Plus Technology Fee 10% Building Contractor License $158 Total Fee = Administrative Fee $66 + License Fee $158. Plus Technology Fee 10% Building Contractor License Renewal $99 Total Fee = Administrative Fee $66 + License Fee $99. Plus Technology Fee 10% Duplicate Business Licenses Building Contractor $13; Motor Vehicle Repair Facility $7; Electrical $26 Per Copy. Plus Technology Fee 10% Electrical - Contractor License Limited License (New, Renewal) $264 Total Fee = Administrative Fee $66 + License Fee $264. Plus Technology Fee 10% Electrical - Master Exam (Limited) $158 Total Fee = Administrative Fee $66 + License Fee $158. Plus Technology Fee 10% Electrical - Master Limited (New, Renewal) License $158 Total Fee = Administrative Fee $66 + License Fee $158. Plus Technology Fee 10% Electrical - Master Limited Late Fee - License Renewal within 30 Days After Expiration** $198 Total Fee = Administrative Fee $66 + License Fee $198. Plus Technology Fee 10% Electrical - Master Limited Late Fee - License Renewal within 60 Days After Expiration** $264 Total Fee = Administrative Fee $66 + License Fee $264. Plus Technology Fee 10% Fortune-Telling License $495 Total Fee = Administrative Fee $66 + License Fee $495. Plus Technology Fee 10% Late fee for business licenses not renewed before the expiration date $132 added to license renewal fee Per Copy. Plus Technology Fee 10% Letter of Reciprocity $33 Total Fee = Administrative Fee $66 + License Fee $33. Plus Technology Fee 10% Motor Vehicle Repair Facility License $99 Total Fee = Administrative Fee $66 + License Fee $99. Plus Technology Fee 10% Multi-Family Rental License Fee See Enforcement Fees Off-Road Vehicle License $40 Total Fee = Administrative Fee $66 + License Fee $40. Plus Technology Fee 10% Pawn Dealer Employee License Renewal $132 Total Fee = Administrative Fee $66 + License Fee $132. Plus Technology Fee 10% Pawn Dealer License Renewal $1,320 Total Fee = Administrative Fee $66 + License Fee $1,320. Plus Technology Fee 10% Pawn Dealer New Employee License $198 Total Fee = Administrative Fee $66 + License Fee $198. Plus Technology Fee 10% Peddlers & Itinerant Vendors (Ice Cream Trucks Only) $152 Total Fee = Administrative Fee $66 + License Fee $152. Plus Technology Fee 10% Public Dance License $1,980 Total Fee = Administrative Fee $66 + License Fee $1,980. Plus Technology Fee 10% Secondhand Dealer Employee's License Renewal $132 Total Fee = Administrative Fee $66 + License Fee $132. Plus Technology Fee 10% Secondhand Dealer License $1,320 Total Fee = Administrative Fee $66 + License Fee $1,320. Plus Technology Fee 10% Secondhand Dealer New Employee's License $198 Total Fee = Administrative Fee $66 + License Fee $198. Plus Technology Fee 10% Short-Term Rental License Fee - Host See Enforcement Fees Short-Term Rental License Fee - Platform See Enforcement Fees Single-Family House/Townhouse Rental License Fee See Enforcement Fees Solicitor (Door-to-Door) License $66 Total Fee = Administrative Fee $66 + License Fee $66. Plus Technology Fee 10% HEALTH PERMITS AND LICENSES Agricultural Well Certification $198 Total Fee = Administrative Fee $66 + Health Fee $198. Plus Technology Fee 10% Duplicate Health Licenses - Public Swimming Pool, Public Swimming Pool Operator, Public Spa, Food Service Manager Certification, Food Service Facility, Vending Machine, and Open Fire Permit. (Specified in Subtitle 12) $18 Plus Technology Fee 10% Food Facility Closure Reinspection - Non-Office Hours (Specified in Subtitle 12) $210 Total Fee = Administrative Fee $66 + Health Fee $210. Plus Technology Fee 10% Food Facility Closure Reinspection - Office Hours (Specified in Subtitle 12) $120 Total Fee = Administrative Fee $66 + Health Fee $120. Plus Technology Fee 10% Food Service - (Food Protection Program) FPP Pre-settlement Inspection $495 Total Fee = Administrative Fee $66 + Health Fee $495. Plus Technology Fee 10% Food Service Facility - Chronic Offender* (Specified in Subtitle 12) $600 to $1,200 Total Fee = Administrative Fee $66 + Health Fee $600 to $1,200. Plus Technology Fee 10% Food Service Facility - Farmers Market License Fee - For-Profit, Non-Profit or Government Agency (If applied after April 30th for participation in up to 2 markets) $330 Total Fee = Administrative Fee $66 + Health Fee $330. If Applied for after April 30th for Participation in up to Two Markets. Plus Technology Fee 10% Food Service Facility - Farmers Market License Fee - For-Profit, Non-Profit or Government Agency (if applied for on or before April 30th for participation in up to 2 markets) $231 Total Fee = Administrative Fee $66 + Health Fee $231. If applied by April 30th for Participation in up to Two Markets. Plus Technology Fee 10% Food Service Facility - Farmers Market License Fee - Single Day License $99 Total Fee = Administrative Fee $66 + Health Fee $99. Plus Technology Fee 10% Food Service Facility - Farmers Market Samplers License $33 Total Fee = Administrative Fee $66 + Health Fee $33. Plus Technology Fee 10% Food Service Facility - High HACCP Priority (Hazard Analysis Critical Control Point) $845 Total Fee = Administrative Fee $66 + Health Fee $845. Plus Technology Fee 10% Food Service Facility - Moderate HACCP Priority $660 Total Fee = Administrative Fee $66 + Health Fee $660. Plus Technology Fee 10% Food Service Facility - Low HACCP Priority $449 Total Fee = Administrative Fee $66 + Health Fee $449. Plus Technology Fee 10% Food Service Facility - Mobile Unit Reciprocity (Specified in Subtitle 12) $360 Total Fee = Administrative Fee $66 + Health Fee $360. Plus Technology Fee 10% Food Service Facility - Non-Profit $330 Total Fee = Administrative Fee $66 + Health Fee $330. Plus Technology Fee 10% Food Service Facility - Operating without a Certified FSM* (Specified in Subtitle 12) $600 Total Fee = Administrative Fee $66 + Health Fee $660. Plus Technology Fee 10% Food Service Facility - Permit Late Fee per Day** (Specified in Subtitle 12) $24 Total Fee = Administrative Fee $66 + Health Fee $24. Plus Technology Fee 10% Food Service Facility - Temporary Event $165 Total Fee = Administrative Fee $66 + Health Fee $165. Plus Technology Fee 10% Food Service Facility - Temporary Event - Government/Municipal Sponsored Event $99 Total Fee = Administrative Fee $66 + Health Fee $99. Plus Technology Fee 10% Food Service Facility - Temporary Event - Non-Profit $0 Food Service Facility - Vending Machine $264 Total Fee = Administrative Fee $66 + Health Fee $264. Plus Technology Fee 10% Food Service Manager Certification - Food Service Manager Card $73 Total Fee = Administrative Fee $66 + Health Fee $73. Plus Technology Fee 10% Food Service Manager Certification - Training Class $59 Total Fee = Administrative Fee $66 + Health Fee $59. Plus Technology Fee 10% Food Service Manager Certification - Training Class Recertification $33 Total Fee = Administrative Fee $66 + Health Fee $33. Plus Technology Fee 10% Health Department Conference Fee (Specified in Subtitle 12) $120 Total Fee = Administrative Fee $66 + Health Fee $120. Plus Technology Fee 10% Inspection Request - (Permit and Plan Review) PPR On-site Equipment Evaluation $198 Total Fee = Administrative Fee $66 + Health Fee $198. Plus Technology Fee 10% Inspection Request - EEP Prospective Inspection (Environmental Engineering Program) $198 Total Fee = Administrative Fee $66 + Health Fee $198. Plus Technology Fee 10% Inspection Request - FPP Prospective Inspection (Food Protection Program) $198 Total Fee = Administrative Fee $66 + Health Fee $198. Plus Technology Fee 10% Mobile Vendor - Food Truck $396 Total Fee = Administrative Fee $66 + Health Fee $396. Plus Technology Fee 10% Open Burning - Agricultural $53 Total Fee = Administrative Fee $66 + Health Fee $53. Plus Technology Fee 10% Open Burning - Recreational $53 Total Fee = Administrative Fee $66 + Health Fee $53. Plus Technology Fee 10% Operating Without a Permit $1,200 Total Fee = Administrative Fee $66 + Health Fee $1,200. Plus Technology Fee 10% Percolation Test - Existing Lot $337 Total Fee = Administrative Fee $66 + Health Fee $337. Plus Technology Fee 10% Percolation Test - Innovative or Alternative Plumbing Permits $495 Total Fee = Administrative Fee $66 + Health Fee $495. Plus Technology Fee 10% Percolation Tester License $495 Total Fee = Administrative Fee $66 + Health Fee $495. Plus Technology Fee 10% Pool Operator Challenge Exam $99 Total Fee = Administrative Fee $66 + Health Fee $99. Plus Technology Fee 10% Pool Operator License $99 Total Fee = Administrative Fee $66 + Health Fee $99. Plus Technology Fee 10% Pool Operator Refresher Course $66 Total Fee = Administrative Fee $66 + Health Fee $66. Plus Technology Fee 10% Pool Reopening Inspection $297 Total Fee = Administrative Fee $66 + Health Fee $297. Plus Technology Fee 10% Pool Prospective Inspection $198 Total Fee = Administrative Fee $66 + Health Fee $198. Plus Technology Fee 10% Pool Re-Opening Inspection after Closure $297 Total Fee = Administrative Fee $66 + Health Fee $297. Plus Technology Fee 10% Public Swimming Pool/Spa License - Indoor $1,188 Total Fee = Administrative Fee $66 + Health Fee $1,188. Plus Technology Fee 10% Public Swimming Pool/Spa License - Outdoor $792 Total Fee = Administrative Fee $66 + Health Fee $792. Plus Technology Fee 10% Raze Inspection - Commercial $660 Total Fee = Administrative Fee $66 + Health Fee $660. Plus Technology Fee 10% Raze Inspection - Residential $396 Total Fee = Administrative Fee $66 + Health Fee $396. Plus Technology Fee 10% Review - Plan Review - New Facilities Non-FSF $264 Total Fee = Administrative Fee $66 + Health Fee $264. Plus Technology Fee 10% Review - Plan Review - New Swimming Pool/Spa $990 Total Fee = Administrative Fee $66 + Health Fee $990. Plus Technology Fee 10% Review - Plan Review FSF - New $594 Total Fee = Administrative Fee $66 + Health Fee $594. Plus Technology Fee 10% Review - Plan Review FSF - Remodel $396 Total Fee = Administrative Fee $66 + Health Fee $396. Plus Technology Fee 10% Review - Plan Review Non-FSF - Remodel - Pools/Spas/Septic $264 Total Fee = Administrative Fee $66 + Health Fee $264. Plus Technology Fee 10% Review - Plan Review - 2nd Resubmittal for Pool $53 Total Fee = Administrative Fee $66 + Health Fee $53. Plus Technology Fee 10% Review - Plan Review - 2nd Resubmittal for Septic $99 Total Fee = Administrative Fee $66 + Health Fee $99. Plus Technology Fee 10% Review - Plan Review - 2nd Resubmittal FSF $99 Total Fee = Administrative Fee $66 + Health Fee $99. Plus Technology Fee 10% Scavenger Vehicle $297 Total Fee = Administrative Fee $66 + Health Fee $297. Plus Technology Fee 10% Second Reinspection for Approval to Operate a New or Remodeled Facility - Food Service Facility $132 Total Fee = Administrative Fee $66 + Health Fee $132. Plus Technology Fee 10% Second Reinspection for Approval to Operate a New or Remodeled Facility - Public Swimming $33 Total Fee = Administrative Fee $66 + Health Fee $33. Plus Technology Fee 10% Septic (12 mo.) - Commercial $594 Total Fee = Administrative Fee $66 + Health Fee $594. Plus Technology Fee 10% Septic (12 mo.) - Residential $594 Total Fee = Administrative Fee $66 + Health Fee $594. Plus Technology Fee 10% Septic Renewal (12 mo.) - Commercial $594 Total Fee = Administrative Fee $66 + Health Fee $594. Plus Technology Fee 10% Septic Renewal (12 mo.) - Residential $594 Total Fee = Administrative Fee $66 + Health Fee $594. Plus Technology Fee 10% Septic Renewal (6 mo. After Current Permit Expiration) - Commercial $449 Total Fee = Administrative Fee $66 + Health Fee $449. Plus Technology Fee 10% Septic Renewal (6 mo. After Current Permit Expiration) - Residential $449 Total Fee = Administrative Fee $66 + Health Fee $449. Plus Technology Fee 10% Septic Renewal (6 mo. Before Current Permit Expiration) - Commercial $152 Total Fee = Administrative Fee $66 + Health Fee $152. Plus Technology Fee 10% Septic Renewal (6 mo. Before Current Permit Expiration) - Residential $152 Total Fee = Administrative Fee $66 + Health Fee $152. Plus Technology Fee 10% Septic System Installer's Contractor License $495 Total Fee = Administrative Fee $66 + Health Fee $495. Plus Technology Fee 10% Well - Non-Potable Permit $158 Total Fee = Administrative Fee $66 + Health Fee $158. Plus Technology Fee 10% Well - Potable Permit $158 Total Fee = Administrative Fee $66 + Health Fee $158. Plus Technology Fee 10% Well Monitoring Permit for Up to 10 Monitoring Wells Per Site $158 Total Fee = Administrative Fee $66 + Health Fee $158. If More than Ten Monitoring Wells, an Additional Application and Fee Must be Submitted for each Increment of Up to Ten Wells. Plus Technology Fee 10% BUILDING INSPECTION FEES Building Civil Citation - Unpermitted or Illegal Construction - See Below Up to $1,200 per Violation per Discipline Plus Technology Fee 10% Fine - Violation of Floodplain Code (County Code Section 32-211) Not More Than $1,200 per violation per day Plus Technology Fee 10% Fine - Violation of Road Code (County Code Sections 23-107 and 23-120) Not More Than $1,200 per day Plus Technology Fee 10% Fine - Violation of Stormwater Management, Drainage, Erosion Sediment Control, Grading (County Code Section 32-199) Not More Than $12,000 per violation and not more than $60,000 total Plus Technology Fee 10% Investigation Fee for Site Development - Commercial $450 Plus Technology Fee 10% Investigation Fee for Site Development - Residential $198 Plus Technology Fee 10% Post Construction Fine for Unpermitted Construction - Commercial - First Offense $1,200 per discipline Collect Fee for Applicable Disciplines Building, Electrical, Mechanical, Fire Protection, Geotechnical, Civil. Plus Technology Fee 10% Post Construction Fine for Unpermitted Construction - Commercial - First Offense $1,200 per discipline Collect Fee for Applicable Disciplines Building, Electrical, Mechanical, Fire Protection, Geotechnical, Civil. Plus Technology Fee 10% Post Construction Fine for Unpermitted Construction - Residential One- and Two-Family Dwellings - First Offense $300 per discipline Collect Fee for Applicable Disciplines Building, Electrical, Mechanical, Fire Protection, Geotechnical, Civil. Plus Technology Fee 10% Post Construction Fine for Unpermitted Construction - Residential One- and Two-Family Dwellings - Subsequent Offense $600 per discipline Collect Fee for Applicable Disciplines Building, Electrical, Mechanical, Fire Protection, Geotechnical, Civil. Plus Technology Fee 10% Re-Inspection Fee $73 Plus Technology Fee 10% Use & Occupancy - Temporary - Residential $200 Total Fee = Administrative Fee $66 + U&O Fee $200. Plus Technology Fee 10%. Fee Assessed per unit per month Use & Occupancy - Temporary - Commercial $250 Total Fee = Administrative Fee $66 + U&O Fee $250. Plus Technology Fee 10%. Fee Assessed per floor per month ENFORCEMENT FEES Enforcement Civil Citation - Administrative Citation $360 First Citation, $720 Second Citation, $1,080 Third and Subsequent Citations Issued for the Same Violation per Unit. Plus Technology Fee 10% Enforcement Civil Citation - Commercial/Zoning $300 First Citation, $600 Second Citation, $1,200 Third and Subsequent Citations Issued for the Same Violation per Unit. Plus Technology Fee 10% Enforcement Civil Citation - Multi-Family Housing $120 First Citation, $240 Second Citation, $600 Third and Subsequent Citations Issued for the Same Violation per Unit. Plus Technology Fee 10% Enforcement Civil Citation - Short-Term Rental - Host $1,200 Plus Technology Fee 10% Enforcement Civil Citation - Short-Term Rental - Platform $1,200 Plus Technology Fee 10% Enforcement Civil Citation - Single Family Housing $120 First Citation, $240 Second Citation, $600 Third and Subsequent Citations Issued for the Same Violation per Unit. Plus Technology Fee 10% Enforcement Division-Zoning Inspection Fee (less than 72 hours prior) $660 Special Event expedited inspection (any inspection scheduled less than 72 hours prior to the event) Plus Technology Fee 10% Enforcement Division- Zoning Inspection Fee (after 1 hour wait) $660 after a one hour wait while on scene for special event compliance Plus Technology Fee 10% Multifamily Expired Rental License Fee $600 Total Fee = Administrative Fee $66 + License Fee $600. Plus Technology Fee 10% Multi-Family Rental License Fee $99 per unit Total Fee = Administrative Fee $66 + License Fee $99 per unit - Biannual; Plus Technology Fee 10% Nuisance Abatement Fine* (*Citations Issued for Same Violation Per Unit) $600 to $1,200 Plus Technology Fee 10% Short Term Rental Second Application Review Fee $132 after 2nd incomplete application review Plus Technology Fee 10% Short-Term Rental License Fee - Host $198 Total Fee = Administrative Fee $66 + License Fee $198. Plus Technology Fee 10% Short-Term Rental License Fee - Platform $3,300 Total Fee = Administrative Fee $66 + License Fee $3,300. Plus Technology Fee 10% Single Family Rental License Fee $152.00 Total Fee = Administrative Fee $66 + License Fee $152 - Bi-annual; Plus Technology Fee 10% Single Family Rental Re-Inspection Fee $132 per re-inspection after failed 1st inspection Plus Technology Fee 10% Single Family Rental Second Application Review Fee $132 after the 2nd incomplete application review Plus Technology Fee 10% Use and Occupancy Verification Letter Fee $300 Plus Technology Fee 10%

As used in this Division: Blighted Area shall mean an area in which a majority of buildings have declined in productivity by reason of obsolescence, depreciation or other causes to an extent they no longer justify fundamental repairs and adequate maintenance. Bonds shall mean any bonds (including refunding bonds), notes, interim certificates, certificates of indebtedness, debentures or other obligations. Federal Government shall include the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America. Slum Area shall mean any area where dwellings predominate, which, by reason of depreciation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitary facilities, or any combination of these factors, are detrimental to the public safety, health or morals. Urban Renewal Area shall mean a slum area or a blighted area or a combination thereof which the County designates as appropriate for an urban renewal project. Urban Renewal Plan shall mean a plan, as it exists from time to time, for an urban renewal project, which plan shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum density and building requirements. Urban Renewal Project shall mean undertakings and activities of the County in an urban renewal area for the elimination and for the prevention of the development or spread of slums and blight, and may involve slum clearance and redevelopment in an urban renewal area, or rehabilitation or conservation in an urban renewal area, or any combination or part thereof in accordance with an urban renewal plan. Such undertakings and activities may include: Acquisition of a slum area or a blighted area or portion thereof; Demolition and removal of buildings and improvements; Installation, construction or reconstruction of streets, utilities, parks, playgrounds and other improvements necessary for carrying out in the urban renewal area the urban renewal objectives of this Division in accordance with the urban renewal plan; Disposition of any property acquired in the urban renewal area including sale, initial leasing or retention by the County itself, at its fair value for uses in accordance with the urban renewal plan; Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the urban renewal plan; Acquisition of any other real property in the urban renewal area where necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities.

The Council shall carry out urban renewal projects in all areas; provided, however, that the consent of the governing body of any incorporated municipality shall be obtained as a prerequisite to the County undertaking any urban renewal project within the territorial boundaries of incorporated towns or cities. The County shall include within the urban renewal project the total parcels of land, or any designated portion thereof severed by the territorial boundaries of any two (2) or more incorporated towns or cities with the consent of the governing body of the area or areas included. Urban renewal shall be limited to slum clearance in slum or blighted areas and redevelopment or the rehabilitation of slum or blighted areas. The Council shall have the power to: Acquire in connection with such projects, within the corporate limits of the County, land and property of every kind and any right, interest, franchise, easement, or privilege therein, including land or property and any right or interest therein already devoted to public use, by purchase, lease, gift, condemnation, or any other legal means; Sell, lease, convey, transfer, or otherwise dispose of any of the land or property, regardless of whether or not it has been developed, redeveloped, altered, or improved and irrespective of the manner or means in or by which it may have been acquired, to any private, public or quasi-public corporation, partnership, association, person, or other legal entity. No land or property taken by the County for any of the aforementioned purposes or in connection with the exercise of any of the powers of the County under this Division by the exercise of the power of eminent domain shall be taken without just compensation, as agreed upon between the parties, or awarded by a jury, being first paid or tendered to the party entitled to such compensation. All land or property needed or taken by the exercise of the power of eminent domain by the County for any of the aforementioned purposes or in connection with the exercise of any of the powers of the County under this Division is declared to be needed or taken for public uses and purposes. Any or all of the activities authorized pursuant to this Division shall constitute governmental functions undertaken for public uses and purposes and the power of taxation may be exercised, public funds expended and public credit extended in furtherance thereof.

Council shall have the following powers which are necessary and proper to carry into full force and effect the specific powers granted in Section 2-255 and to fully accomplish the purposes and objects contemplated by the provisions of this Division. Make or have made all surveys and plans necessary to the carrying out of the purposes of this Division and to adopt or approve, modify and amend such plans, which plans may include but shall not be limited to: Plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements; Plans for the enforcement of codes and regulations relating to the use of land and the use of occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements; and, Appraisals, title searches, surveys, studies, and other plans and work necessary to prepare for the undertaking of urban renewal projects and related activities; and to apply for, accept, and utilize grants of funds from the Federal Government for such purposes; Prepare plans for the relocation of persons (including families, business concerns, and others) displaced from an urban renewal area, and to make relocation payments to or with respect to such persons for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the Federal Government; Appropriate such funds and make such expenditures as may be necessary to carry out the purposes of this Division, including the payment or reimbursement of reasonable actual costs incurred as a result of utility relocations when such relocations are made necessary by an urban renewal project, after making appropriate adjustment for any improvements or betterments to the utility's facilities made in connection with the relocation; and to levy taxes and assessments for such purposes; to borrow money and to apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the Federal Government, the State, or other public bodies, or from any sources, public or private, for the purposes of this Division, and to give such security as may be required therefor; to invest any urban renewal funds held in reserves or sinking funds or any such funds not required for immediate disbursement, in property or securities which are legal investments for other County funds. Hold, improve, clear, or prepare for redevelopment any property acquired in connection with urban renewal projects; to mortgage, pledge, hypothecate, or otherwise encumber such property; to insure or provide for the insurance of such property or operations of the County against any risks or hazards, including the power to pay premiums on any such insurance; Make and execute all contracts and other instruments necessary or convenient to the exercise of its powers under this Division, including the power to enter into agreement with any other public bodies or agencies (which agreements may extend over any period, notwithstanding any provision or rule of law to the contrary), and to include in any contract for financial assistance with the Federal Government for or with respect to an urban renewal project and related activities such conditions imposed pursuant to Federal laws as the County may deem reasonable and appropriate; Enter into any building or property in any urban renewal area in order to make inspections, surveys, appraisals, soundings, or test borings, and to obtain an order for this purpose from the Circuit Court in the event entry is denied or resisted; Plan, replan, install, construct, reconstruct, repair, close, or vacate streets, roads, sidewalks, public utilities, parks, playgrounds, and other public improvements in connection with an urban renewal project; providing the same is approved by the Maryland-National Capital Park and Planning Commission within the regional district and to make exceptions from building regulations; Generally organize, coordinate and direct the administration of the provisions of this Division as they apply to the County in order that the objective of remedying slum and blighted areas and preventing the causes thereof within the County may be most effectively promoted and achieved; and, Exercise all or any part or combination of powers granted in this Section.

The Council may itself exercise all the powers contained in this Division or may, if the Council by legislative act determines such action to be in the public interest, elect to have such powers exercised by a separate public body or agency as hereinafter provided. In the event the Council makes such determination, it shall proceed by ordinance to establish a public body or agency to undertake in the County the activities authorized by this Division. Such legislative act shall include provisions establishing the number of members of such public body or agency, the manner of their appointment and removal, the terms of the members and their compensation. The legislative act may include such additional provisions relating to the organization of the public body or agency as may be necessary. In the event the Council enacts such a law, all of the powers under this Division shall, from the effective date of the Act, be vested in the public body or agency thereby established, except: The power to pass a resolution to initiate an urban renewal project pursuant to Section 2-258; The power to issue general obligation bonds pursuant to Section 2-268; The power to appropriate funds, and to levy taxes and assessments pursuant to Section 2-256(a)(3).

In order to initiate an urban renewal project, the Council shall adopt an act which: Finds that one or more slum or blighted areas exist in the County; Locates and defines the slum or blighted areas; Finds that the rehabilitation, redevelopment, or a combination thereof, of such area or areas, is necessary in the interest of the public health, safety, morals, or welfare of the residents of the County; and, With respect to incorporated areas, the Council shall comply with Subsections (a)(1), (2), and (3) of this Section and make a request to the municipality to initiate the project.

The Council, in order to carry out the purposes of this Division, shall prepare or cause to be prepared an urban renewal plan for slum or blighted areas in the County, and shall formally approve such plan. Prior to its approval of an urban renewal project, the Council shall submit such plan to the Planning Board for review and recommendation as to its conformity with the master plan for the development of the County as a whole. The Planning Board shall submit its written recommendation with respect to the proposed urban renewal plan to the Council within sixty (60) days after receipt of the plan for review. Upon receipt of the recommendations of the Planning Board or, if no recommendations are received within sixty (60) days, then without such recommendations, the Council may proceed with a public hearing on the proposed urban renewal project. The Council shall hold a public hearing on an urban renewal project after public notice thereof by publication in a newspaper having a general circulation within the corporate limits of the County. The notice shall describe the time, date, place, and purpose of the hearing, shall generally identify the urban renewal area covered by the plan, and shall outline the general scope of the urban renewal project under consideration. Following such hearing, the Council may approve an urban renewal project and the plan therefor if it finds that: A feasible method exists for the location of any families who will be displaced from the urban renewal area in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families; The urban renewal plan substantially conforms to the master plan of the County as a whole; and, The urban renewal plan will afford maximum opportunity, consistent with the sound needs of the County as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise.

An urban renewal plan may be modified at any time, provided that if modified after the lease or sale of real property in the urban renewal project area, the modification may be conditioned upon such approval of the owner, lessee or successor in interest as the County may deem advisable and in any event shall be subject to such rights at law or in equity as a lessee or purchaser, or his successor or successors in interest, may be entitled to assert. Where the proposed modification will substantially change the urban renewal plan as previously approved by the County, the modification shall be formally approved by the County as in the case of an original plan. Upon the approval by the County of an urban renewal plan or of any modification thereof, such plan or modification shall be deemed to be in full force and effect for the respective urban renewal area. The County may then cause such plan or modification to be carried out in accordance with its terms. The County, prior to undertaking urban renewal projects within the territorial boundaries of incorporated areas, shall receive a resolution from the governing body of the incorporated area, stating approval of the urban renewal plan or plans.

The County may sell, lease, or otherwise transfer real property or any interest therein acquired for it by an urban renewal project, for residential, recreational, commercial, industrial, educational, or other uses or for public use, or may retain such property or interest for public use, in accordance with the urban renewal plan, subject to such covenants, conditions, and restrictions, including covenants running with the land, as it may deem to be necessary or desirable to assist in preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of this Subdivision. The purchasers or lessees and their successors and assigns shall be obligated to devote such real property only to the uses specified in the urban renewal plan, and may be obligated to comply with such other requirements as the County may determine to be in the public interest, including the obligation to begin within a reasonable time any improvements on such real property required by the urban renewal plan. Such real property or interest shall be sold, leased, otherwise transferred, or retained at not less than its fair value for uses in accordance with the urban renewal plan. In determining the fair value of real property for uses in accordance with the urban renewal plan, the County shall take into account and give consideration to the uses provided in such plan; the restrictions upon, and the covenants, conditions, and obligations assumed by the purchaser or lessee or by the County retaining the property; and the objectives of such plan for the prevention of the recurrence of slum or blighted areas. The County in any instrument of conveyance to a private purchaser or lessee may provide that such purchaser or lessee shall be without power to sell, lease, or otherwise transfer the real property without the prior written consent of the County until he has completed the construction of any or all improvements which he has obligated himself to construct thereon. Real property acquired by the County which, in accordance with the provisions of the urban renewal plan, is to be transferred, shall be transferred as rapidly as feasible in the public interest consistent with the carrying out of the provisions of the urban renewal plan. Any contract for such transfer and the urban renewal plan (or such part or parts of such contract or plan as the municipality may determine) may be recorded in the land records of the County in such manner as to afford actual or constructive notice thereof.

The County may dispose of real property in an urban renewal area to private persons only under reasonable competitive bidding procedures as it shall prescribe. The County may, by public notice by publication in a newspaper having general circulation in the community (not less than sixty (60) days prior to the execution of any contract to sell, lease or otherwise transfer real property and prior to the delivery of any instrument of conveyance with respect thereto under the provisions of this Division) invite proposals from and make available all pertinent information to private redevelopers or any persons interested in undertaking to redevelop or rehabilitate an urban renewal area, or any part thereof. The notice shall identify the area, or portion thereof, and state that proposals shall be made by those interested within a specified period of not less than sixty (60) days after the first day of publication of the notice. Any further available information may be obtained at the office designated in the notice. The County shall consider all such redevelopment or rehabilitation proposals and the financial and legal ability of the persons making such proposal to carry them out, and may negotiate with any persons for proposals for the purchase, lease or other transfer of any real property acquired by the County in the urban renewal area. The County may accept such proposals as it deems to be in the public interest and in furtherance of the purposes of this Division. Thereafter, the County executes and delivers contracts, deeds, leases and other instruments and takes all steps necessary to effectuate such transfers.

The County may temporarily operate and maintain real property acquired by it in an urban renewal area for or in connection with an urban renewal project pending the disposition of the real property as authorized in this Division, without regard to the provisions of Section 2-261, for such uses and purposes as may be deemed desirable even though not in conformity with the urban renewal plan.

Any instrument executed by the County and purporting to convey any right, title, or interest in any property under this Division shall be conclusively presumed to have been executed in compliance with the provisions of this Division insofar as title or other interest of any bona fide purchaser, lessees, or transferees of such property is concerned.

In the event that urban renewal plans involve removal of residential housing, provisions and plans shall be made for their replacement with adequate facilities for the residents so displaced.

Condemnation of land or property under the provisions of this Division shall be in accordance with the procedure provided in Title 12, Real Property Article, Annotated Code of Maryland, and acts amendatory thereof or supplementary thereto.

The County to the greatest extent it determines to be feasible in carrying out the provisions of this Division, shall afford maximum opportunity, consistent with the sound needs of the County as a whole, to the rehabilitation or redevelopment of any urban renewal area by private enterprise. The County shall give consideration to this objective in exercising its powers under this Division.

For the purpose of financing and carrying out of an urban renewal project and related activities, the County may issue and sell its general obligation bonds. Any bonds issued by the County pursuant to this Division shall be issued in the manner and within the limitations prescribed by applicable law for the issuance and authorizations of general obligation bonds by such County and also within such limitations as shall be determined by the County.

In addition to the authority conferred by Section 2-268 the County shall issue revenue bonds to finance the undertaking of any urban renewal project and related activities. It shall issue refunding bonds for the payment or retirement of such bonds previously issued by it. Such bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues, and funds of the County derived from or held in connection with its undertaking and carrying out of urban renewal projects under this Division. Payment of such bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant, or contribution from the Federal Government or other source, in aid of any urban renewal projects of the County under this Division, and by a mortgage of any such urban renewal projects, or any part thereof, title to which is in the County. In addition, the County may enter into an indenture of trust with any private banking institution of this State having trust powers and may make in such indenture of trust such covenants and commitments as may be required by any purchaser for the adequate security of the bonds.

Bonds issued under this Division shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, shall not be subject to the provisions of any other law or charter relating to the authorization, issuance or sale of bonds, and are hereby specifically exempted from the restrictions contained in Sections 9, 10, and 11 of Article 31 of the Annotated Code of Maryland (1957 Edition, as amended). Bonds issued under the provisions of this Division are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes.

Bonds issued under this Division shall be authorized by ordinance of the Council and may be issued in one (1) or more series. The bonds shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, not exceeding six percent (6%) per annum, be in such denomination or denominations, be in such form either with or without coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium or payment, at such place or places, and be subject to such terms of redemption (with or without premium), be secured in such manner, and have such other characteristics, as may be provided by such resolution or trust indenture or mortgage issued pursuant thereto.

Bonds issued under this Division may be sold at not less than par at public sales held after notice published prior to such sale in a newspaper having a general circulation in the County and in such other medium of publication as the County may determine or may be exchanged for other bonds on the basis of par. Such bonds may be sold to the Federal Government at private sale at not less than par, and, in the event less than all of the authorized principal amount of such bonds is sold to the Federal Government, the balance may be sold at private sale at not less than par at an interest cost to the County of not to exceed the interest cost to the County of the portion of the bonds sold to the Federal Government.

In case any of the public officials of the County whose signatures appear on any bonds or coupons issued under this Division cease to be such officials before delivery of such bond or, in the event any such officials cease to be public officials after the date of issue of the bonds, the bonds shall nevertheless be valid and binding obligations of the County in accordance with their terms. Any provisions of any law to the contrary notwithstanding, any bonds issued pursuant to this Division shall be fully negotiable.

In any suit, action, or proceeding involving the validity or enforceability of any bond issued under this Division or the security therefor, any such bond reciting in substance that it has been issued by the County in connection with an urban renewal project, as herein defined, shall be conclusively deemed to have been issued for such purpose. Such project shall be conclusively deemed to have been planned, located, and carried out in accordance with the provisions of this Division.

All banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking or investment business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, curators, trustees, and other fiduciaries, may legally invest any sinking funds, monies, or other funds belonging to them or within their control in any bonds or other obligations issued by the County pursuant to this Division provided that such bonds and other obligations are secured by an agreement between the issuer and the Federal Government in which the issuer agrees to borrow from the Federal Government and the Federal Government agrees to lend to the issuer, prior to the maturity of such bonds or other obligations, monies in an amount which (together with any other monies irrevocably committed to the payment of principal and interest on such bonds or other obligations) will suffice to pay the principal of such bonds or other obligations with interest to maturity thereon. Such monies under the terms of the agreement are required to be used for the purpose of paying the principal of and the interest on such bonds or other obligations at their maturity. Such bonds and other obligations shall be authorized security for all public deposits. It is the purpose of this Section to authorize any persons, political subdivisions and officers, public or private, to use any funds owned or controlled by them for the purchase of any bonds or other obligations. Nothing contained in this Section with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities.

All plans, whether preliminary or final, prepared or presented under the provisions of this Division by the County shall not conflict with, and shall conform to the master plan for the County. This Section shall be construed to mean that all urban renewal plans affecting a change in zoning shall be reviewed by the Maryland-National Capital Park and Planning Commission. Any zoning amendments pursuant to this urban renewal program shall be approved by the District Council.

As used in this Division: Nonrecord shall mean the types of materials defined as nonrecord by Section 179, Article 41, of the Annotated Code of Maryland, 1957. Photographs shall mean photographs, photocopies, or microphotographs. Record shall mean any book, paper, photograph, map, or other documentary material, regardless of physical form or characteristic, created or received by any department in pursuance of law or in connection with the transaction of public business, and preserved or deemed appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, procedures, decisions, or operations of such department, or because of the informational value of the data contained therein. Record retention schedule shall mean an itemized list of the retention periods established for the records of a department pursuant to the provisions of Sections 2-278 and 2-279. Records Management Officer shall mean the Chief, Administrative Services Division, or any other person so designated by the Council. The Records Management Program shall mean and include records storage; forms management; microfilm and information retrieval; creation of record retention schedules; and disposal of records. Retention period shall mean the period of time for which a record shall be retained.

The Records Management Officer shall have primary responsibility for the development and administration of a continuing records management program for the records of each department of the County. In addition to, and not by way of limitation of, his general responsibility for the records management program, he shall have the following express responsibilities, duties and powers in connection with the records activities of each department of the County: Establish standards, procedures, and techniques for the effective management of County records. Prepare record retention schedules providing for the retention of County records of continuing value and for the prompt and orderly disposal of County records no longer possessing sufficient administrative, legal, or fiscal value to warrant their further preservation. Prior to becoming operative, such retention schedules shall receive the written approval of the Chief Administrative Officer and the Hall of Records Commission. Review proposals for the purchase or rental of filing equipment, microfilm or photocopying devices, and make recommendations thereon to the department heads. Review all proposals to microfilm records, whether or not the ultimate destruction of the original records is involved. Consult with and advise the departments in an effort to achieve uniformity of new forms. Inspect records and records management practices of all executive departments. Organize and administer a records storage center or centers for the inactive records of the County. Develop, publish, and enforce standards of classifying, indexing, and filing records. Require such reports as he deems necessary. Assist office and department heads in training files and records personnel. The head of each department shall: Cooperate with the Records Management Officer in the preparation of records retention schedules made by him pursuant to the provisions of this Section. Comply with the rules, regulations, standards, and procedures issued by the Records Management Officer with respect to the retention, disposal and storage, and photographic reproduction of departmental records. Designate an employee to provide liaison with the Records Management Officer and assist him in carrying out the program in his department.

The Chief Administrative Officer, acting as custodian, shall maintain all deeds, bonds, contracts, releases, executive orders and directions, and other papers and instruments involving the legal interest of the County and any of its agencies, offices, and departments. Subject to the exceptions set forth in Section 203 of Charter as effective on February 8, 1971, the above papers and instruments shall be maintained solely for reference and examination by the public. Any person may have access to them during business hours. The above papers and instruments shall be in addition to those maintained for any other purpose.

Records created or received by the County government in the course of official business are the property of the County government and shall not be destroyed, sold, transferred, or otherwise disposed of except in a manner prescribed by record retention schedules approved as provided in this Division. When records are disposed of, a certificate of disposal, listing the records and certifying to their disposal, shall be filed with the Hall of Records of the State. Records of archives of the County which are deemed to have historical significance may, at the discretion of the Records Management Officer and with the approval of the County Executive, be lent to any responsible organization or group. They shall be properly preserved, displayed, indexed, and made available for reference purposes by such organization.

The Clerk of the Council, acting as custodian, shall maintain in the offices of the Council at Upper Marlboro, Maryland, records containing a signed copy of the minutes of each meeting of the board of commissioners held on or after July 1, 1950, and a signed copy of the minutes of each meeting of the Council held on or after February 8, 1971, and records containing an attested copy of each resolution adopted by the board of commissioners on or after July 1, 1950, and on or after February 8, 1971, records containing an attested copy of all acts, ordinances, and resolutions adopted pursuant to Charter, all records of the District Council and the official copy of Charter. Such records shall be in addition to those maintained for any other purpose, and shall be maintained solely for reference and examination by the public, and any person may have access to them during business hours. Records which are microfilmed or duplicated from the originals and maintained by the Clerk in lieu of the original documents shall satisfy the provisions of this Section.

Any person authorized by law to inspect any County record, document, or written matter shall be entitled to receive a copy thereof upon paying the actual cost of reproducing the document requested, or the cost as determined by the Council and published with the document, or by separate listing as the reasonable cost to the County for publishing. There shall be no charge for documents which the County publishes for public information or is required by law to provide at no charge. Public information documents shall, however, only be available free of charge so long as they are in supply for distribution. For an additional fee of fifty cents ($.50) per certification, the department head or custodian of the document shall deliver to the applicant a written statement that the attached copies of documents are true copies of documents in his possession on which he has written true copy test with his signature underneath, and he shall so write on the copies true copies test with his signature.

Every member of the County Police Force, the Sheriff and all deputies, the County Medical Examiner, and all other law enforcement officers and public officials, except members of the Department of Maryland State Police, shall, within forty-eight (48) hours, deliver to the property clerk for immediate registering in the property record book all property and money coming into their possession in any manner whatever by reason of their official duties. The clerk shall give a receipt for and retain all such property, except as otherwise provided in this Code.

All newspapers of record, as defined in Section 1008 of the Charter, shall post a bond of Two Thousand Dollars ($2,000.00) to indemnify the County, against any loss by reason of failure of a newspaper of record to advertise as ordered by the County, or by reason of making a material mistake in an advertisement ordered by the County. This compensation shall be for the purpose of paying the costs of proper readvertisement in all newspapers of record. All newspapers of record of the County, upon accepting designation as a newspaper of record, shall be obligated to print announcements, advertisements, etc., in a timely manner, as ordered by the County. The repeated failure to advertise in a timely manner shall be grounds for the County to cancel its designation as a newspaper of record. The County shall give four (4) weeks public notice and provide for a public hearing before canceling the newspaper's designation as a newspaper of record.

All agencies and organizations, except incorporated municipalities and bi-county commissions for which other provision is made by law, that receive County funds shall file a report with the Council, semiannually, showing a financial statement of such agency or organization listing the County funds received and the expenditure thereof. The Council shall publish such report, or a consolidation of such reports, to the extent that they may deem proper.

All contracts and agreements with the Federal Government or any agency thereof shall be authorized by Council order identifying the contract. Such authorization shall constitute a finding by the Council that the contract is in the public interest and for a public purpose without an express recital thereof or passage of a special ordinance.

Prince George's County is hereby authorized and empowered to establish, maintain, and operate a fund or procure an appropriate insurance policy which may be appropriated and levied for in the annual budget of said County or from any other general or contingency funds available for appropriation by the County Council to provide for legal fees and expenses of all County employees who, in a civil or criminal case, including a disciplinary proceeding or an appeal therefrom, are wrongfully charged with or accused of the commission of any wrong or crime as a result of any act done in the normal and natural course of his official duties and within the scope of his employment. Such fund may be expended upon order of the County Executive to pay all or part of the legal expenses of such County employee upon the County Executive's determination that such expenditure is in the best interest of the County, the public, and the County employee charged or accused.

The following provisions shall apply to Board of License Commissioners inspectors for the official use of their automobile: Each full-time inspector shall be entitled to ten cents ($.10) a mile for each mile that they use their own automobile in their official duties up to a maximum of Two Thousand Four Hundred Dollars ($2,400.00) during the fiscal year. Each part-time inspector shall be entitled to ten cents ($.10) a mile for each mile that they use their own automobile in their official duties up to a maximum of One Thousand Two Hundred Dollars ($1,200.00) during the fiscal year. Payments shall be made monthly on vouchers submitted by the Chief Inspector and approved by the Chairman of the Board of License Commissioners.

This Division may be cited as the Prince George's County Code of Ethics.

The Prince George's County Council, recognizing that our system of representative government is dependent in part upon the people maintaining the highest trust in their public officials and employees, finds and declares that the people have a right to be assured that the impartiality and independent judgement of public officials and employees will be maintained. It is evident that this confidence and trust is eroded when the conduct of the County's business is subject to improper influence and even the appearance of improper influence. For the purpose of guarding against improper influence, the County Council enacts this Code of Ethics to require County elected officials, officials, employees, and individuals appointed to boards and commissions to disclose their financial affairs and to set minimum standards for their conduct of local business. It is the intention of the Council that this Division, except its provisions for criminal sanctions, be liberally construed to accomplish this purpose.

The words used in this Division shall have their normal accepted meanings except as set forth below: Board means the Prince George's County Board of Ethics established pursuant to Section 2-292(a) of this Division. Business entity means any corporation, general or limited partnership, sole proprietorship (including a private consultant operation), joint venture, unincorporated association or firm, institution, trust, foundation, or other organization, whether or not operated for profit. Business entity does not include a governmental entity. Compensation means any money or thing of value, regardless of form, received or to be received by any individual covered by this Division from an employer for service rendered. If lobbying is only a portion of a person's employment, "compensation" means a prorated amount based on the time devoted to lobbying compared to the time devoted to other employment duties. For reporting purposes, a prorated amount shall be labeled as such. Doing business with means: Having or negotiating a contract that involves the commitment (either in a single or combination of transactions) of Five Thousand Dollars ($5,000.00) or more of County or County-controlled funds; or Being regulated by or otherwise under the authority of the County; or Being registered as a lobbyist in accordance with Section 2-295 of this Division. Elected official means any individual who holds an elective office of the County. Elected official does not include the Sheriff, State's Attorney, Register of Wills, or Clerk of the Court. Employee means an individual who is employed by the County. Employee does not include an elected local official. Employee does not include an employee of: The offices of the Sheriff, State's Attorney, Register of Wills, or Clerk of the Court; The County Health Department; or The County Department of Social Services. Financial interest means: Ownership of any interest as the result of which the owner has received, within the past three (3) years, or is presently receiving, or in the future is entitled to receive, more than One Thousand Dollars ($1,000.00) per year; or Ownership, or the ownership of securities of any kind representing or convertible into ownership, of more than three percent (3%) of a business entity by a County official or employee, or the spouse of an official or employee. Gift means the transfer of anything of economic value regardless of the form without adequate and lawful consideration. "Gift" does not include the solicitation, acceptance, receipt, or regulation of political campaign contributions regulated in accordance with the provisions of Article 33, Sec. 26-1 et seq., Annotated Code of Maryland, or any other provision of State or local law regulating the conduct of elections or the receipt of political campaign contributions. Honorarium means the payment of money or anything of value for: Speaking to, participating in, or attending a meeting, conference, or other function; or Writing an article, other than a book, that has been or is intended to be published. Interest means any legal or equitable economic interest, whether or not subject to an encumbrance or a condition, which is owned or held, in whole or in part, jointly or severally, directly or indirectly. For purposes of Section 2-294 of this Division, "interest" applies to any interests held at any time during the reporting period for which a required statement is to be filed. "Interest" does not include: An interest held in the capacity of a personal agent, personal representative, custodian, fiduciary, or trustee, unless the holder has an equitable interest in the subject matter; An interest in a time or demand deposit in a financial institution; An interest in an insurance policy or endowment policy or annuity contract under which an insurer promises to pay a fixed amount of money either in a lump sum or periodically for life or some other specified period; A common trust fund or a trust which forms part of a pension or profit sharing plan which has more than twenty-five (25) participants and which has been determined by the Internal Revenue Service to be a qualified trust under the Internal Revenue Code. A college savings plan under the Internal Revenue Code. Lobbyist means a person required to register and report expenses related to lobbying under Section 2-295 of this Division. Lobbying means: Communicating in the presence of a County official or employee with the intent to influence any official action of that official or employee; or Engaging in activities having the express purpose of soliciting others to communicate with a County official or employee with the intent to influence that official or employee. Official means an elected official, an employee of the County, or a person appointed to or employed by the County or any County agency, board, commission, or similar entity whether or not paid in whole or in part with County funds and whether or not compensated. Person includes an individual or business entity. Quasi-governmental agency means an entity that is created by State statute that performs a public function, and that is supported in whole or in part by the State but is managed privately.

There is a Prince George's County Board of Ethics which shall be composed of five (5) members, appointed by the County Executive and confirmed by the County Council. All members shall reside in and be qualified voters of the County. Rejection of any nominee to this Board shall be by vote of a majority of the full Council. No more than three (3) members of the Board may be of the same political party. The Board shall elect one (1) member as Chairman. The term of the Chairman is one year. The Chairman may be re-elected. No member of the Board shall be an officer or employee of the County. The term of office of each member of the Board shall be for three (3) years and staggered so that the terms of no more than two members shall expire in any year. A member appointed to fill a vacancy occurring prior to the expiration of the term for which one's predecessor was appointed shall be appointed in the same manner as prescribed in the preceding paragraph of this Section and shall serve for the remainder of such term. No member may serve more than two consecutive full terms. A member may serve until a successor is appointed and qualifies. When the County Executive finds that a member is temporarily or permanently incapacitated, he shall, by Executive Order, designate a substitute member of the Board of the same political party to serve in the regular member's place during such incapacity; and while so serving the said substitute member shall have all the powers and authority and be subject to all the duties of any regularly appointed member of the Board of Ethics. If, in the judgment of the Chairman, the lack of attendance of any member of the Board is impeding the work of the Board, the Chairman shall so notify the County Executive and the County Council. The Board shall meet at the call of the Chairman, and at such other times as may be requested by the County Executive or County Council, provided that the Board shall hold a minimum of five (5) scheduled meetings per year. Three (3) members shall constitute a quorum for the transaction of business. The Board shall be assisted in carrying out its responsibilities by the Office of Ethics and Accountability. If a conflict of interest under Section 2-293 of this Division or other conflict prohibits the County Attorney or the Office of Ethics and Accountability from assisting the Board in a matter, the County shall provide sufficient funds for the Board to hire independent counsel for the duration of the conflict. The County Executive shall furnish the Board stenographic services, physical facilities, and other necessary administrative services and employees. The Board shall submit not later than August 30 of each year to the County Executive and to the County Council a report of its activities under this law covering the immediately preceding calendar year, including a summary statement concerning the nature of all complaints filed with it, its decisions, and advisory opinions; provided, however, that all such information shall meet the requirements for confidentiality contained in this Section. The report shall also contain information relating to the most common errors made in the Financial Disclosure Statements filed with the Board. The Board shall make recommendations for legislation as it deems appropriate. The Board shall be the advisory body responsible for interpreting this Division and advising persons subject to it as to its application. The Board shall be responsible for hearing and deciding, on advice of the Office of Ethics and Accountability (or other legal counsel if appropriate), all complaints filed regarding alleged violations of this Division by any person. The Board or an office designated by the Board retain as a public record all forms submitted by any person in accordance with this Division for at least four years after receipt by the Board. The Board shall be responsible for conducting a public information and education program regarding the purpose and implementation of this Division. The Board shall certify to the State Ethics Commission on or before October 1 of each year that the County is in compliance with the requirements of State Government Article, Title 5, Subtitle 8, Annotated Code of Maryland, for elected local officials. The Board shall determine if changes to this Division are required to be in compliance with the requirements of State Government Article, Title 5, Subtitle 8, Annotated Code of Maryland, and shall forward any recommended changes and amendments to the County Council for enactment. Any official or other person subject to the provisions of this Division may request an advisory opinion from the Board concerning the application of this Division. The Board shall respond promptly to these requests, providing interpretations of this Division based on the facts provided or reasonably available to the Board within 60 days of the request. Copies of these interpretations, with the identity of the subject deleted, shall be published and otherwise made available to the public in accordance with any applicable State or Prince George's County law regarding public records. The Board may adopt additional policies and procedures related to the advisory opinion request process. Any person may file with the Board a complaint alleging a violation of any of the provisions of this Division. These complaints shall be written and under oath and may be referred to the Office of Ethics and Accountability or other legal counsel, if appropriate, for investigation and review. If, after receiving an investigative report, the Board determines that there are insufficient facts upon which to base a determination of a violation, it may dismiss the complaint. If there is a reasonable basis for believing a violation has occurred, then the subject of the complaint shall be afforded an opportunity for a hearing conducted in accordance with the Board's applicable rules of procedure for actions taken on the record. Any final determination resulting from the hearing shall include findings of fact and conclusions of law. Upon a finding of a violation, the Board may take any enforcement action provided for in accordance with Section 2-297 of this Division. Notwithstanding any other provision of law to the contrary, following the filing of a complaint, and unless and until the matter is referred for prosecution or a finding of a violation has been made, the proceedings, meetings, and activities of the Board and its staff in connection with the complaint shall be conducted in a confidential manner. Failure of the Board or its staff to maintain the confidentiality of information acquired in connection with the complaint shall be a misdemeanor subject to the penalty set forth in Section 1-123 of this Code. A finding of a violation is public information. The Board may adopt additional policies and procedures related to complaints, complaint hearings, the use of independent investigators and staff, and cure and settlement agreements. The Board shall hold a public hearing to review the propriety of any transaction involving the acquisition, lease, or disposition of real property between the County and: Any person required to file a financial disclosure statement pursuant to Section 2-294 of this Code, or the spouse, parent, child, or sibling of such person; or Any official elected pursuant to the Constitution of the State of Maryland to serve the residents of Prince George's County, or the spouse, parent, child, or sibling of such person; or Any business entity in which a person described in (1) or (2), above, has a legal or equitable financial interest. At the conclusion of the hearing the Board shall issue its determination as to whether such transaction is in compliance with the provisions of this Division. The Board shall publish notice of the public hearing in the County newspapers of record. Such notice shall reflect the nature of the transaction to be reviewed and the parties involved. The Board may assess a late fee of $2.00 per day up to a maximum of $250.00 for a failure to timely file a financial disclosure statement required under Section 2-294 of this Division, and may assess a late fee of $10.00 per day up to a maximum of $250.00 for a failure to timely file a lobbyist registration or lobbyist report required under Section 2-295 of this Division.

Participation Prohibitions. Except as permitted by Board regulations or opinion, an official or employee may not participate in: Any matter, except in the exercise of an administrative or ministerial duty which does not affect the disposition or decision with respect to that matter, if, to their knowledge, they, their spouse, parent, child, brother, or sister has an interest therein. Any matter, except in the exercise of an administrative or ministerial duty which does not affect the disposition or decision with respect to the matter, when any of the following is a party thereto: Any business entity in which he has a direct financial interest of which he may reasonably be expected to know; Any business entity of which he is an officer, director, trustee, partner, or employee, or in which any of the above-listed relatives has this interest; Any business entity with which he or, to his knowledge, any of the relatives listed in paragraph (1) of this Subsection is negotiating or has any arrangement concerning prospective employment; Any business entity which is a party to an existing contract with the official or employee, or which the official or employee knows is a party to a contract with any of the above-named relatives, if the contract could reasonably be expected to result in a conflict between the private interests of the official or employee and his official duties; Any entity doing business with the County in which a direct financial interest is owned by another entity in which the official or employee has a direct financial interest, if he may be reasonably expected to know of both direct financial interests; or Any business entity which the official or employee knows is his creditor or obligee, or that of any of the relatives listed in paragraph (1) of this Subsection, with respect to a thing of economic value and which, by reason thereof, is in a position to affect directly and substantially the interest of the official or employee or any of the above-named relatives. A former regulated lobbyist who is or becomes subject to regulation under this title as a County official or employee may not participate in a case, contract, or other specific matter as a County official or employee for one calendar year after the termination of the registration of the former regulated lobbyist if the former regulated lobbyist previously assisted or represented another party for compensation in the matter. If a disqualification pursuant to paragraphs (1) or (2) of this Subsection leaves any body with less than a quorum capable of acting, or if the disqualified official or employee is required by law to act or is the only person authorized to act, the disqualified person shall disclose the nature and circumstances of the conflict and may participate or act. The prohibitions of paragraph (1) of this Subsection do not apply: to a police officer or fire/emergency medical service employee who is exercising the employee's official duties in an emergency affecting a business or property in which the employee or a relative of the employee has an interest under subsection (a)(1) or (a)(2); or if participation is otherwise allowed by regulation or opinion of the Board. Employment Restrictions. Except as permitted by regulation of the Board when such interest is disclosed or when the employment does not create a conflict of interest or appearance of conflict, an official or employee may not: Be employed by, or have a financial interest in, any entity subject to his authority or that of the County agency, board, or commission with which he is affiliated or any entity which is negotiating or has entered a contract with that agency, board, or commission; or Hold any other employment relationship which would impair the impartiality or independence of judgment of the official or employee. This prohibition does not apply to: An official or employee who is appointed to a regulatory or licensing authority pursuant to a statutory requirement that persons subject to the jurisdiction of the authority be represented in appointments to it; Subject to other provisions of law, including this Section 2-293, a member of a board or commission in regard to a financial interest or employment held at the time of appointment, provided the financial interest or employment is publicly disclosed to the appointing authority and Board; or An official or employee whose duties are ministerial, if the private employment or financial interest does not create a conflict of interest or the appearance of a conflict of interest, as permitted and in accordance with regulations adopted by the Board; or Employment or financial interests allowed by regulation of the Board if the employment does not create a conflict of interest or the appearance of a conflict of interest or the financial interest is disclosed. Post-employment limitations and restrictions. With the exception of former members of the County Council, a former official or employee may not assist or represent any party other than the County for compensation in a case, contract, or other specific matter involving the County if that matter is one in which they significantly participated as an official or employee. A specific matter may be one in which there is the same basic facts, related issues, and information, involving the same or related parties, and may be one in which there exists a continuing existence of an important County interest, as well as other considered factors. Until the conclusion of one calendar year from the date the official leaves County office, a former member of the County Council may not assist or represent another party for compensation in a matter that is the subject of legislative action. A former member of the County Council may not assist or represent another party for compensation in any judicial or quasi-judicial proceeding in which they significantly participated in or voted on as a member of the County Council. An official or employee may not assist or represent a party for contingent compensation in any matter before or involving the County, other than in a judicial or quasi-judicial proceeding. Use of Prestige of Office. An official or employee may not intentionally use the prestige of his office for his own private gain or that of another. The performance of usual and customary constituent services, without additional compensation, does not constitute the use of the prestige of office for an elected official's or employee's private gain or that of another. An official or employee shall not engage in the following: An official may not directly or indirectly initiate a solicitation for a person to retain the compensated services of a particular regulated lobbyist or lobbying firm. An official, other than an elected official, or employee may not use public resources or the title of the official or employee to solicit a contribution as that term is defined in the Election Law Article of the Annotated Code of Maryland. An elected official may not use public resources to solicit a contribution as that term is defined in the Election Law Article of the Annotated Code of Maryland. The prohibition in this subsection does not apply to a police officer's exercise of the officer's police authority during outside employment that has been approved by the officer's appointing authority. Solicitation or Acceptance of Gifts. An official or employee may not solicit any gift. An official or employee may not directly solicit or facilitate the solicitation of a gift, on behalf of another person, from an individual regulated lobbyist. No official or employee may knowingly accept any gift, directly or indirectly, from any person that he knows or has reason to know: Is doing business with or seeking to do business with the Council, as to members thereof, or, as to other officials or employees, with their office, agency, board, or commission; Has financial interests that may be substantially and materially affected, in a manner distinguishable from the public generally, by the performance or nonperformance of his official duty; or Is engaged in an activity regulated or controlled by the official's or employee's governmental unit; or Is a lobbyist with respect to matters within the jurisdiction of the official or employee; or Is an association or any entity acting on behalf of an association that is engaged only in representing counties or municipal corporations. Unless a gift of any of the following would tend to impair the impartiality and the independence of judgment of the official or employee receiving it or, if of significant value, would give the appearance of doing so, or, if of significant value, the recipient official or employee believes, or has reason to believe, that it is designed to do so, paragraph (3) does not apply to: Meals and beverages consumed in the presence of the donor or sponsoring entity; Ceremonial gifts or awards which have insignificant monetary value; Unsolicited gifts of nominal value that do not exceed $20.00 in cost or trivial items of informational value; Reasonable expenses for food, travel, lodging, and scheduled entertainment of the official or the employee at a meeting which is given in return for participation in a panel or speaking engagement at the meeting; Gifts of tickets or free admission extended to an elected official to attend charitable, cultural, or political events, if the purpose of this gift or admission is a courtesy or ceremony extended to the office; A specific gift or class of gifts which the Council or the Board exempts from the operation of this Section upon a finding, in writing, that acceptance of the gift or class of gifts would not be detrimental to the impartial conduct of the business of the County and that the gift is purely personal and private in nature; Gifts from a person related by blood or marriage, or a spouse, child, ward, financially dependent parent, or other relative who shares the official's or employee's legal residence, or a child, ward, parent, or other relative over whose financial affairs the person has legal or actual control; or Honoraria, for speaking to or participating in a meeting, except as provided in Subsection (e) of this Section. Honoraria. Except as provided in this Subsection, an official may not accept an honorarium if: The payer of the honorarium has an interest that may be substantially and materially affected, in a manner distinguishable from the public generally, by the performance or nonperformance of the individual's official duty; and The offering of the honorarium is in any way related to the individual's official position. The prohibition under this Subsection does not apply to acceptance or receipt gifts permitted under Subsection (d) of this Section. The Board may provide for further exemptions from this Subsection as necessary. Use of Resources. An official or employee may not use any County facility, property, or work time, or cause or direct any other official or employee to use a County facility, property or work time for personal use or for the use of another person unless the use is generally available to the public or authorized by a County law or regulation. The prohibition in subsection (f)(1) does not apply to the use of County equipment and uniforms by police officers during the course of outside employment that has been expressly approved by the officer's appointing authority. Disclosure of Confidential Information. Other than in the discharge of his official duties, an official, employee or former official or employee may not disclose or use for his own economic benefit or that of another person, confidential information which he has acquired by reason of his public position and which is not available to the public. Exemptions and Waivers. The Board or, if appropriate, the Council, may, after consultation with the Office of Ethics and Accountability, grant exemptions to or modifications of this Section as to officials or employees when it finds that the application of this Section would constitute an unreasonable invasion of privacy and would significantly reduce the availability of qualified persons for public service and if it also finds that the exemption of modification would not be contrary to the purposes of this Division. The Board or, if appropriate, the Council, may grant exceptions or modifications in accordance with this Section either on an individual basis, or, if appropriate, by general resolution. Participation in procurement. An individual or a person that employs an individual who assists a County agency or unit in the drafting of specifications, an invitation for bids, or a request for proposals for a procurement may not submit a bid or proposal for that procurement, or assist or represent another person, directly or indirectly, who is submitting a bid or proposal for the procurement. The Board may establish exemptions from the requirements of this Section for providing descriptive literature, sole source procurements, and written comments solicited by the procuring agency. An official or employee may not retaliate against an individual for reporting or participating in an investigation of a potential violation of the local ethics law or ordinance.

A County Council Member who believes there to be an appearance of conflict or a possible actual conflict under Section 2-293 of this Code with respect to legislative matters pending before the County Council, who proposes to participate, may file a sworn statement with the Clerk of the Council and the Board of Ethics which describes the circumstances of the appearance of conflict or the possible actual conflict and the legislation to which it relates, asserting that the Council Member is able to vote and otherwise participate in legislative action relating thereto fairly, objectively, and in the public interest. All sworn statements filed pursuant to this Section are available for public review. A public statement filed pursuant to this Section shall be filed with the Board of Ethics sufficiently in advance of taking action for review by the Board of Ethics prior to the action or as soon as reasonably possible, whichever is sooner. The Board of Ethics shall review the statement prior to the proposed action by the Council Member where possible and advise the Council Member if it concurs in the determination that participation can be allowed under Section 2-293. Where the Board of Ethics is unable to review the statement prior to official action, it shall review the statement to determine if it concurs with the action of the Council Member. If the Board of Ethics does not concur with the Council Member, it may file a complaint, provide advice, or take other appropriate action. If a complaint is filed by or with the Board of Ethics relating to the action and disclosure, the Board of Ethics shall immediately provide written notice of the complaint to the Council Member. Notwithstanding Section 2-293, a Council Member who would be disqualified from participation in a legislative matter shall disclose the nature and circumstances of the conflict and may participate if the disqualification would leave the body with less than a quorum capable of acting.

The following elected officials, officials and employees and candidates for office as such officials or employees, when such positions are elective, are required to file the financial disclosure statements provided for in this Section: Members of the County Council; County Executive; Chief Administrative Officer and Deputy Chief Administrative Officer; Heads of all County Departments, agencies, and offices and their deputies or chief assistants; Administrative Officer to County Council and Deputy; Persons appointed to any of the exempt positions as immediate staff to the County Executive as defined in Section 902(5) of the County Charter; Legislative Officer to County Council; Zoning Hearing Examiners; Clerk of the County Council; County Auditor and Deputies or Chief Assistants to the County Auditor; People's Zoning Counsel; All County Inspectors, including but not limited to, all Building, Housing, Boiler, Electrical, Site, and Liquor Inspectors, all Zoning Enforcement Officers, and persons serving in supervisory positions to the above-enumerated positions if such supervisory persons are not required to file financial statements under other positions governed by this Section; All Attorneys in the County Office of Law; Members of the County Board of Library Trustees; Director and Assistant Directors of the County Memorial Library System; Members of the County Animal Control Commission; Members of the County Board of Appeals; Members of the County Consumer Protection Commission; Executive Director of the County Consumer Protection Commission; Members of the County Board of Electrical Examiners; Members of the County Board of Ethics; Members of the County Board of Registration for Building Contractors; Members of the County Board of License Commissioners; All voting members of the County Health Planning Advisory Committee; Members of the Board of Directors of the County Housing Authority; Director and Deputies or Chief Assistants of the County Housing Authority; Members of the County Office of Human Rights; Executive Director of the County Office of Human Rights; Members of the County Landlord-Tenant Commission; Executive Director of the County Landlord-Tenant Office; Members of the County Personnel Board; Attorneys to the County Commissions, Boards, and Committees; Members of the Prince George's County Parking Authority; Members of the Police Accountability Board; and Members of the Administrative Charging Committee. Any other officials, employees, and/or appointees of the County Government whom the County Executive shall by Executive Order designate for filing and who are directly responsible for making governmental decisions, policy or taking governmental action pursuant to any such decision or policy or recommending any such decision, policy or action with regard to: Procurement or contracting; Administering or monitoring grants or subsidies; Planning and zoning; Inspecting, licensing, regulating, or auditing any nongovernmental enterprise; and Other activities where the decision, action or policy might have significant economic impact on the interests of any nongovernmental enterprise; Any other officials, employees, and/or appointees of the County Government whom the County Executive shall by Executive Order designate for filing and who are dependent partly or wholly in their private interest by their association with the County Government, and in the course of their private duties and/or services utilize public equipment, supplies, property, or the influence of their public office. Integrity and Compliance Officer. Deputy Integrity and Compliance Officer. The following officials and employees shall file under oath or affirmation with the Board on or before the 30th day of April of each year during that person's term in office a copy of the financial disclosure statement which that person filed as required with the State Ethics Commission for the calendar year immediately preceding each such year in office. If the following officials and employees are not required to file financial disclosure statements with the State Ethics Commission, they shall file financial disclosure statements with the Board as required in Sections 2-294(c), (d), and (e): Director of the County Department of Social Services and deputies or chief assistants to the Director; County Health Officer and deputies or chief assistants to the Health Officer. Each incumbent official and employee identified in Subsection (a), hereof, shall file under oath or affirmation with the Board on or before the 30th day of April of each year during that person's term in office, the statement required by this Section, for the calendar year immediately preceding each such year in office. An official or employee who has not filed the required statement and who is appointed to fill a vacancy to a position listed in Subsection (a), hereof, shall file a statement covering the preceding calendar year within thirty (30) days after appointment. Any official or employee who is required to file a statement and who leaves office or employment for any reason, other than the official's or employee's death, shall file, within sixty (60) days of leaving office or employment, the statement required by this Section, for the calendar year immediately preceding, unless a statement has previously been filed for that year, and any portion of the current calendar year during which that official or employee held office or employment. Except for an official or employee who has filed a statement pursuant to paragraph (1), above, for the same year or portion of the same year for which a statement otherwise would be required to be filed by this Subsection, each candidate for nomination for, or election to, an office as an official or employee identified in Subsection (a), hereof, shall file under oath or affirmation with the Clerk of the Council or Board of Election Supervisors, together with his certificate of candidacy, the statement required by this Section, each year beginning with the year in which the certificate of candidacy is filed through the year of the election. If a candidate fails to file a statement required by this Section after written notice is provided by the Clerk of the Council or Board of Election Supervisors at least twenty (20) days before the last day for withdrawal of candidacy, the candidate is deemed to have withdrawn the candidacy. The Clerk of the Council or Board of Election Supervisors may not accept any certificate of nomination unless a statement in proper form has been filed. Within thirty (30) days of the receipt of a statement, the Board of Election Supervisors or the Clerk shall forward the statement or a copy thereof to the Board or an office designated by the Board. A candidate to be an elected official shall file a statement required under this Section: In the year the certificate of candidacy is filed, no later than the filing of the certificate of candidacy; In the year of the election, on or before the earlier of April 30 or the last day for withdrawal of candidacy; and In all other years for which a statement is required, on or before April 30. All statements filed pursuant to this Section shall be maintained as public records by the Board, or an office designated by the Board, and shall be made available, during normal office hours, for examination and copying by the public, subject, however, to such reasonable fees and administrative procedures as the Council or Board may establish from time to time. The forms shall be retained for four (4) years from the date of receipt. Any person examining or copying these statements shall be required to record his name, home address, and the name of the person whose disclosure statement was examined or copied. This record shall be forwarded within five business days to the person whose disclosure statement is so examined or copied. The Board may not provide public access to a portion of a statement that is filed after January 1, 2019, that includes a person's home address, if the person has identified it as their home address. The Board shall not provide public access to information related to consideration received from: The University of Maryland Medical System; A governmental entity of the State or local government in the State; or A quasi-governmental entity of the State or local government in the State. All statements filed pursuant to this Section shall be on a form developed by the Board with the assistance of the Office of Ethics and Accountability, and shall disclose the following interests, if known: Interests in Real Property. A schedule of all interests in real property wherever located. This schedule, as to each such interest, shall include: The nature of the property and the location by street address, mailing address, or legal description of the property; The nature and extent of the interest held, including any conditions thereto and encumbrances thereon; The date when, the manner in which, and the identity of the person from whom the interest was acquired; The nature and amount of the consideration given in exchange for the interest or, if acquired other than by purchase, the fair market value of the interest at the time acquired; With respect to any interest transferred, in whole or in part, at any time during the year for which the statement is filed, a description of the interest transferred, the nature and amount of the consideration received in exchange therefor, the identity of the person to whom the interest was transferred, and the information set forth in subparagraphs (C) and (D) of this paragraph; and The identity of any other person with an interest in the property. Interests in Corporations and Partnerships. A schedule of all interests in any corporation, partnership, limited liability partnership, or limited liability corporation, whether or not the corporation does business with the County. This schedule, as to each such interest, shall include: The name and address of the principal office of the corporation, partnership, limited liability partnership, or limited liability corporation; The nature and amount of the interest held, including any conditions thereto and encumbrances thereon, provided, however, that an amount of stock or like evidence of equity interest, at the option of the person making the report, may be reported by the number of shares held and, unless the corporation's stock is publicly traded on a stock exchange, in an over-the-counter market, or otherwise, the percentage of equity interest so held, instead of by dollar amount; With respect to any interest transferred, in whole or in part, at any time during the year for which the statement is filed, a description of the interest transferred, the nature and amount of the consideration received in exchange therefor and, if known, the identity of the person to whom the interest was transferred; and The date when, the manner in which, and the identity of the person from whom the interest was acquired; and The nature and the amount of the consideration given in exchange for the interest or, if acquired other than by purchase, the fair market value of the interest at the time acquired. Interests in other business entities doing business with the County. A schedule of all interests in any other business entity not reported pursuant to Section 2-294(e)(2), above, which does business with the County. This schedule, as to each such interest, shall include: The name and address of the principal office of the business entity; The nature and amount of the interest held, including any conditions thereto and encumbrances; With respect to any interest transferred, in whole or in part, at any time during the year for which the statement is filed, a description of the interest transferred, the nature and amount of the consideration received in exchange therefor and the identity of the person to whom the interest was transferred; and With respect to any interest acquired during the year for which the statement is filed: The date when, the manner in which, and the identity of the person from whom the interest was acquired; and The nature and the amount of the consideration given in exchange for the interest or, if acquired other than by purchase, the fair market value of the interest at the time acquired. Gifts. A schedule of each gift in excess of Twenty Dollars ($20.00) in value or a series of gifts totaling One Hundred Dollars ($100.00) or more from any one person received at any time during the year for which the statement is filed by the person making the statement, or by any other person at the direction of the person making the statement, from, or on behalf of, directly or indirectly, any person who does business with the County; provided, however, that neither gifts received from the spouse, children, or parents of the person making the statement need be disclosed. This schedule, as to each such gift, shall include: The nature and value of the gift; and The identity of the person from whom, or on behalf of whom, directly or indirectly, the gift was received. Employment with or interest in entities doing business with the County. A schedule of all offices, directorships, and salaried employment held by the person making the statement or his spouse or dependent child at any time during the year for which the statement is filed in any corporation or other business entity which does business with the County. This schedule, as to each such office, directorship or salaried employment, shall include: The name and address of the principal office of the business entity; The title and nature of the office, directorship, or salaried employment held and the date it commenced; and The name of each County agency with which the entity is involved as indicated by identifying one or more of the three categories of "doing business" set forth in Section 2-291(a)(4) of this Division. Indebtedness to persons doing business with the County. A schedule of all indebtedness to entities doing business with or regulated by the persons specific County agency, department or board or commission which is owed at any time during the year for which the statement is filed, excluding retail credit accounts, by the person making the statement, or which is owed by his spouse or dependent child if the person making the statement was involved in the transaction giving rise to the debt. This schedule, as to each such liability, shall include: The identity of the person to whom the liability was owed and the date it was incurred; The amount of the liability owed as of the end of the year for which the statement is filed; The terms of payment of the liability and the extent to which the principal amount of the liability was increased or reduced during the year; and The security given, if any, for the liability. List of family members employed by the County. A list identifying any spouse or dependent child of the person making the statement employed by the County in any capacity at any time during the year for which the statement is filed. Source of Earned Income. The name and address of each place of salaried employment and of each business entity of which the person or his spouse or dependent child was a sole or partial owner and from which the person, his spouse, or dependent child received earned income, at any time during the year for which the statement is filed. A minor child's employment or business ownership need not be disclosed if the agency that employs the person making the statement does not regulate, exercise authority over, or contract with the place of employment or business entity of the minor child. For a statement filed on or after January 1, 2019, if a spouse is a regulated lobbyist, must disclose the entities that has engaged the spouse to lobby on its behalf. Relationship with University of Maryland Medical System, State or Local Government, or Quasi-Governmental Entity. An individual shall disclose the information specified in General Provisions Article §5-607(j)(1) Annotated Code of Maryland, for any financial or contractual relationship with: The University of Maryland Medical System; A governmental entity of the State or a local government in the State; or A quasi-governmental entity of the State or local government in the State. For each financial or contractual relationship reported, the schedule shall include: A description of the relationship; The subject matter of the relationship; and The consideration. A schedule of all contributions, proceeds, and expenses associated with a testimonial for the person making the statement. The schedule shall also be submitted when the testimonial is for the person making the statement, but the contributions are made to any other person at the direction of the person making the statement. An individual who is required to disclose the name of a business under this section shall disclose any other names that the business is trading as or doing business as. Additional information. Such additional interests or information as the person making the statement wishes to disclose. Interests Attributable to Person Making Statement. For the purposes of paragraphs (1), (2), and (3) of Subsection 2-294(e), and the disclosures therein required, the following shall be considered to be the interests of the person making the statement: An interest held by a member of the individual's immediate family, if the interest was, at any time during the reporting period, directly or indirectly controlled by the individual. An interest held, at any time during the applicable period, by: A business entity in which the individual held a (10) % or greater interest; A business entity described in section (i) of this subsection in which the business entity held a 25% or greater interest; A business entity described in section (ii) of this subsection in which the business entity held a 50% or greater interest; and A business entity in which the individual directly or indirectly, through an interest in one or a combination of other business entities, holds a 10% or greater interest. An interest held by a trust or an estate in which, at any time during the reporting period; The individual held a revisionary interest or was a beneficiary; or If a revocable trust, the individual was a settlor. The statements submitted pursuant to this Section shall be reviewed by the Board for compliance with the provisions of this Section, and officials and employees shall be notified of any omissions or deficiencies. The Board should seek the advice of the Office of Ethics and Accountability, as appropriate. Evidence of any noncompliance with this Section shall be acted upon by the Board or referred to the Council for appropriate action to ensure compliance with this Section. The Board or, if appropriate, the Council may, after consultation with the Office of Ethics and Accountability, grant exemptions to or modifications of this Section as to officials or employees serving as members of Prince George's County boards and commissions, where it finds that the application of the Section would constitute an unreasonable invasion of privacy and would significantly reduce the availability of qualified persons for public service and it also finds that the exemption or modification would not be contrary to the purposes of this Division. The County Executive may, by Executive Order, require persons holding County positions compensated in whole or in part by public funds and noncompensated County appointees to disclose annually, as public records, such relevant information concerning their financial affairs as he may deem necessary to promote the continued trust and confidence of the people in the Executive Branch of the County government.

Except as provided in Subsections (l) and (m) of this Section, any person who engages in lobbying as defined in Section 2-291(a)(9) shall file and certify, under oath or affirmation, a lobbying registration with the Board on or before the beginning of the calendar year in which a person expects to lobby or within five (5) days after engaging in lobbying activities, if this person, during the calendar year, either: Expends (exclusive of personal travel and subsistence expenses) in excess of Two Hundred Dollars ($200.00) in furtherance of this activity; or Is compensated in excess of One Thousand Dollars ($1,000.00) in connection with this activity; or Expends in excess of Two Thousand Dollars ($2,000.00) engaging in activities having the express purpose of soliciting others to communicate with an official with the intent to influence that official. Except as provided in Subsections (l) and (m) of this Section, any person who engages in lobbying before any Prince George's County executive or legislative officer, agency, board, or commission, and who, during the calendar year, expends in excess of Two Hundred Dollars ($200.00) on food, entertainment, or other gifts for any County official or employee (Executive or Legislative) in connection with these activities, shall file a lobbying registration with the Board on or before the beginning of the calendar year in which the person expects to lobby or within five (5) days after engaging in lobbying activities. Any person exempt by paragraph (m) shall file a short statement indicating that the person is exempt under Subsection (m). Any person exempt by paragraph (l) may file a short statement indicating the exemption under Subsection (l). The registration filed pursuant to Subsection (a) or (b) of this Section shall be dated and on a form developed by the Board with the assistance of the Office of Ethics and Accountability, and except for the short statements indicating any exemption under Subsections (l) and (m) shall include the following: The lobbyist's full and legal name and permanent address; The full and legal name and address, and nature of business of any person on whose behalf the lobbyist acts, or where the person is an association or corporation the full name and address of the association or corporation and the full name and address of the officer who authorized the lobbyist to act; A statement of whether the person on whose behalf the lobbyist acts is exempt from registration pursuant to Subsection (m) of this Section; The identification, by formal designation, if known, of matters on which the lobbyist expects to act; Identification of the period of time (to be contained within a single calendar year) during which the lobbyist is authorized to engage in these activities, unless sooner terminated; and The full legal signature of the lobbyist and, when appropriate, the person on whose behalf he acts, or an agent or authorized officer thereof. A person who engages in lobbying on behalf of more than one person shall file a separate registration for each such person. A person who engages in lobbying may terminate his registration by written notice to the Board. Any reports outstanding under Subsection (c) of this Section must be submitted with this notification. Termination shall be effective thirty (30) days after receipt by the Board of this notice properly filed. No person may engage in lobbying activities on behalf of another person or entity for compensation, the payment of which is contingent upon the passage or defeat of any action by the Council or the outcome of any executive action. Each lobbyist shall file with the Board one report covering the period beginning January 1 through December 31 filed by January 31 of the following year. If the lobbyist is not an individual, an authorized officer or agent of the entity shall sign the form. A separate activity report shall be filed for each person on whose behalf he acts. The report shall include: A complete and current statement of the information required to be supplied pursuant to Subsection (c) of this Section. Total expenditures on lobbying activities in each of the following categories: Total compensation paid to the lobbyist not including expenses reported under subparagraphs (B) through (I), below. Total compensation includes salaries, compensation, or reimbursed expenses for the staff of the lobbyist; Office expenses of the lobbyist not reported in subparagraph (A), above; Professional and technical research and assistance not reported in subparagraph (A), above; Publications which expressly encourage persons to communicate with Prince George's County officials or employees; Names of witnesses, and the fees and expenses paid to each; Meals and beverages for Prince George's County officials or employees or their spouses or dependent children; Special events, including parties, dinners, athletic events, entertainment, and other functions to which officials or employees are invited; Reasonable expenses for food, lodging, and scheduled entertainment of officials or employees for a meeting which is given in return for participation in a panel or speaking engagement at the meeting; Other gifts to or for officials or employees or their spouses or dependent children; and Other expenses. Except for gifts reported in subparagraphs (2)(G) and (H), above, the name of each official or employee or his spouse or dependent child who has benefited from gifts from the lobbyist with a cumulative value of Seventy-five Dollars ($75.00), or more, during the period covered by the report whether or not given in connection with the lobbyist's lobbying activities. When the Seventy-five Dollars ($75.00) cumulative value is met or exceeded, all succeeding gifts shall also be itemized by date, beneficiary, amount or value, and nature of the gift. Expenses reported in subparagraphs (2)(G) and (H), above, shall be itemized as to date, location, and expense of the event, but allocation to individual officials or employees need not be listed. If any report filed under Subsection (g) contains the name of an official or employee or his spouse or dependent child as required under paragraph (3), thereof, the Board shall notify the official or employee within thirty (30) days. The Board shall keep the report confidential for sixty (60) days following the receipt of it. Following notification of the inclusion of his name or that of his spouse or dependent child, in a report filed by a lobbyist, an official or employee shall have thirty (30) days to file a written exception to the inclusion of his name or that of his spouse or dependent child. The Board may require submission of such other reports as it deems necessary. All registrations and reports filed pursuant to this Section shall be maintained by the Board, or an office designated by it, and shall be made available during normal office hours, for examination and copying by the public, subject, however, to such reasonable fees and administrative procedures as may be established by the Council or by the Board. The forms shall be retained for four (4) years from the date of receipt. The registration and reports filed pursuant to this Section shall be reviewed by the Board for compliance with the provisions of this Section, and persons engaging in lobbying activities shall be notified of any omissions or deficiencies. The Board shall seek the advice of the Office of Ethics and Accountability, as appropriate. Evidence of noncompliance with this Section shall be acted upon by the Board or referred to the Council or the State's Attorney for appropriate action. Exemption. The provisions of this Section do not apply to the following acts: Professional services in drafting bills or in advising and rendering opinions to clients as to the construction and effect of proposed or pending Council actions when these services do not otherwise constitute lobbying activities; Appearances before the Council upon its specific invitation or request but only if the person engages in no further or other activities in connection with the passage or defeat of Council actions; Appearances as part of the official duties of a duly elected or appointed official or employee of the State or a political subdivision of the State, or of the United States, and not in behalf of any other entity; Actions of a publisher or working member of the press, radio, or television in the ordinary course of the business of disseminating news or making editorial comment to the general public who does not, however, engage in further or other lobbying that would directly and specifically benefit the economic, business, or professional interests of himself or his employer; Appearances by an individual before the Council at the specific invitation or request of a registered lobbyist, provided no other lobbying act is undertaken, and provided the witness identifies himself to the Council as testifying at the request of the lobbyist; The representation of a bona fide religious organization solely for the purpose of protecting the right of its own members to practice the doctrine of the organization; Appearances as part of the official duties of an officer, director, member, or employee of an association engaged exclusively in lobbying for counties or municipalities and not on behalf of any other entity; Appearances before a County agency upon the specific invitation or request of the agency if the person or entity engages in no further or other activities in connection with the passage or defeat of any agency executive action; and Appearances by an individual before a County agency at the specific invitation or request of a registered lobbyist if the person or entity performs no other lobbying act and notifies the agency that the person or entity is testifying at the request of the lobbyist. Limited exemption. A person who would otherwise be required to file a registration and submit reports pursuant to Subsections (a), (b), and (g), above, is not required to file if he reasonably believes that all expenses incurred in connection with his lobbying activities will be reported pursuant to Subsection (g) by a properly registered person acting on his behalf. The authorization required by Subsection (c), above, shall be completed by these individuals as to persons acting on their behalf. Persons exempted herein, however, become subject to the provisions of this Section immediately, upon failure of the registrant to report any information required by this Section. The Board shall compute and make available a subtotal under each of the ten (10) required categories in paragraph (g)(2) of this Section, and a subtotal representing the combined total of paragraph (g)(2), subparagraphs (G), (H), and (I) of paragraph (g)(2). The Board also shall compute and make available the total amount reported by all lobbyists for their lobbying activities during the reporting period.

An official shall not consider any ex parte or private communication from any person, whether oral or written, which the official knows or should know may be intended to influence the decision on the merits of any matter where a determination or decision by the official is required by law to be made upon facts established by a record of testimony. Any such ex parte or private communication received by the official shall be made a public record by the official and filed in the matter in question, and if made orally, shall be written down in substance for this purpose by the official, made a public record and filed in the matter in question. A communication to the Clerk of the County Council, Board of Appeals or similar agency, concerning the status or procedures of a pending matter shall not be considered an ex parte or private communication. This Section shall not apply to legal advice rendered by the Office of Law and shall not apply to technical advice or explanation rendered by or at the request of the appropriate official of the County.

Upon a finding of a violation of any provision of this Division, the Board may: Issue an order of compliance directing the respondent to cease and desist from the violation; Issue a reprimand; or Recommend to the appropriate authority other appropriate discipline of the respondent, including censure or removal if that discipline is authorized by law. If the Board finds that a respondent has violated Section 2-295 of this Division, the Board may: Require a respondent who is a registered lobbyist to file any additional reports or information that is reasonably related to the information that is required under Section 2-295 of this Division; Impose a fine not exceeding One Thousand Dollars ($1,000) for each violation; and Suspend the registration of an individual registered lobbyist if the Board finds that the lobbyist has knowingly and willfully violated Section 2-295 of this Division or has been convicted of a criminal offense arising from lobbying activities. Upon direction by the Board or the Council, the County Attorney may file a petition for injunctive or other relief in the Circuit Court for Prince George's County, or in any other court having proper venue for the purpose of requiring compliance with the provisions of this Division. The Court may: Issue an order to cease and desist from the violation; or Void an official action taken by an official or employee with a conflict of interest prohibited by this Division when the action arises from or concerns the subject matter of the conflict and if the legal action is brought within ninety (90) days of the occurrence of the official action, if the court deems voiding the action to be in the best interest of the public, provided, however, that the court may not void any official action appropriating public funds, levying taxes, or providing for the issuance of bonds, notes, or other evidence of public obligation; or Impose a fine of up to One Thousand Dollars ($1,000.00) for any violation of the provisions of this Division, each day upon which the violation occurs constituting a separate offense. Any person who knowingly and willfully violates the provisions of Section 2-295 of this Division is guilty of a misdemeanor, and upon conviction, is subject to a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment for not more than six (6) months, or both. If the person is a business entity and not a natural person, each officer and partner of the business entity who knowingly authorized or participated in the violation is guilty of a misdemeanor and, upon conviction, is subject to the same penalties as the business entity. In addition to any other enforcement provisions of this Division, a person who is subject to the provisions of this Division and who is found by the Board, Council, or a court to have violated its provisions may be subject to termination or such other disciplinary action as may be warranted, or may be suspended from receiving payment of salary or other compensation pending full compliance with the terms of an order of the Board, Council, or a court. Any person who is subject to the provisions of this Division shall obtain and preserve all accounts, bills, receipts, books, papers, and documents necessary to complete and substantiate any reports, statements, or records required to be made pursuant to this Division for three (3) years from the date of filing the report, statement, or record containing these items. These papers and documents shall be available for inspection upon request by the Board or the Council after reasonable notice. For any violation of Subtitle 2, Division 46 (Community Inclusiveness), the head of the agency or department responsible for implementing Division 46 provisions, or any supervisory official with knowledge of the violation, shall refer the matter to the Office of Ethics and Accountability and the Board of Ethics for review in accordance with Sections 2-292, 2-294 and 3-303.

There is hereby established an Office of Ethics and Accountability.

The purpose of the Office of Ethics and Accountability is to provide increased accountability and oversight in the operations of the County government by identifying fraud, abuse, and illegal acts therein.

The Office shall be headed by an Executive Director, appointed by the County Executive and confirmed by the County Council in accordance with the provisions of Section 322 of the Charter for Prince George's County, Maryland. The County Executive shall conduct an open search process for the Executive Director to meet the qualifications required under subsection (c) of this section, and may use measures, such as regional or national recognized organizations or a professional search firm(s), to review and select an Executive Director candidate for appointment. The term of office of the Executive Director shall be 4 years, and shall serve a staggered term to begin on July 1 of the second year after the County Executive and County Council are elected. An Executive Director shall not serve more than two full 4-year terms, not including any time served as Executive Director to complete an unexpired term, and shall be subject to appointment for a second 4-year term in accordance with the provisions of Section 322 of the Charter for Prince George's County, Maryland. The Executive Director shall be professionally qualified, by experience or education, in auditing, government operations, or financial management, and shall be selected solely on the basis of professional ability and personal integrity, without regard to political affiliation. The Executive Director may be removed by the County Executive prior to the expiration the term for which he was appointed only for cause, subject to the approval of the County Council by a vote of a two-thirds majority of the full Council. The cause of removal shall be stated in writing and a public hearing held on the removal.

The Executive Director shall also serve as the Executive Director of the Board of Ethics, and shall supervise the operations of the administrative staff of the Office of Ethics and Accountability, including the hiring, direction and discharge of all Office of Ethics and Accountability staff members in accordance with the County personnel laws. The Executive Director and his staff shall be compensated as provided in the classification plan of the County.

The Office of Ethics and Accountability shall be funded as a separate budget entity in the Annual Budget and Appropriation Ordinance. Any decrease in appropriations from the prior fiscal year, in either the proposed or adopted budget, shall be accompanied by a written justification for the decrease. Subject to the provisions of Article VIII of the Charter, it is authorized to expend funds derived from private grants, the State or the United States to carry out its functions and activities, and to cooperate with any agency of the State or the United States in carrying out its functions and activities.

The Office of Ethics and Accountability is authorized to engage in the following specific functions: Evaluate, investigate and inspect the activities, records, and individuals with contracts, procurements, grants, agreements, and other financial or programmatic arrangements undertaken by or on behalf of the County Government and any other function, activity, process, or operation conducted by County government; Conduct criminal, civil, and administrative investigations; Provide information and evidence that relates to criminal acts to appropriate law enforcement officials; Initiate such reviews of operations of the County Government as deemed appropriate; Receive and investigate complaints from any source or upon its own initiative concerning alleged abuse, fraud, and service deficiencies including deficiencies in the operation and maintenance of facilities; Conduct joint investigations and projects with the Office of Audits and Investigations and other oversight or law enforcement agencies. Issue public reports as set forth in Section 2-305 of this Division; Establish policies and procedures to guide functions and processes conducted by the Office; Provide support to the County Board of Ethics established by Section 2-292 of this Subtitle; Make recommendations to the County Executive and County Council which would assist in the promotion of efficiency, accountability, and integrity in County government; and Do all things necessary to carry out the functions set forth in this Division.

The Office of Ethics and Accountability is provided the following powers to accomplish the intent of this Division: The right to obtain full and unrestricted access to all records, information, data, reports, plans, projections, matters, contracts, memoranda, correspondence, and any other materials, including electronic data, of the County Government; The authority to administer oaths or affirmations and take testimony relevant to any inquiry or investigation undertaken pursuant to this Division; The right of access to the head of any public entity, when necessary for purposes related to the work of the Office; and The power to require County employees to cooperate with the Office's investigations regarding fraud, waste, corruption, illegal acts, and abuse. County employees failing or refusing to cooperate shall be subject to the discipline provisions of the Personnel Law or provisions of any applicable collective bargaining agreement.

The Office of Ethics and Accountability shall refer matters, as appropriate, for further civil, criminal, and administrative action to appropriate administrative and prosecutorial agencies. When a matter is being referred to the Office of the State's Attorney for possible criminal prosecution, the Executive Director shall provide the affected individual or entity with a copy of the report or recommendations and such person or entity shall have 10 working days to submit a written explanation or rebuttal of the findings before the matter is referred, and such timely submitted written explanation or rebuttal shall be attached to the report or recommendations provided to the State's Attorney. The requirements of this subsection (a) shall not apply when the Executive Director, in conjunction with the State's Attorney, determines that supplying the affected person or entity with such report will jeopardize a pending criminal investigation. The Executive Director shall provide ongoing guidance to the Chief Administrative Officer regarding significant problems or deficiencies within the operations of the County government and provide recommendations to resolve those issues, and shall provide recommendations for specific integrity programs which emphasize detection, prevention, and correction of problems relating to fraud, corruption, and abuse within County government.

Anyone who has the authority to take or direct others to take, recommend, or approve any personnel action, shall not, with respect to this authority, take or threaten to take any action against another as reprisal for making a complaint or disclosing information to the Office of Ethics and Accountability, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

Investigation reports of the Office of Ethics and Accountability shall be public records subject to disclosure under the Maryland Public Information Act. During the course of investigation activities, all records will be considered deliberative in process and not available for outside review. Names and identities of individuals making complaints and information protected by whistleblower protection or other legislation will not be disclosed without the written consent of the individual unless required by law or judicial process.

The Executive Director shall report the findings of the Office's work to appropriate elected and appointed leadership and to the public. The Executive Director shall report investigative matters to the appropriate administrative body for action in circumstances where such body exists, and shall report criminal investigative matters to the appropriate law enforcement agencies. Within 60 days of the end of each fiscal year, the Executive Director shall issue an annual report that separately lists reports and other investigative or assistance efforts completed during the fiscal year. The report shall list the accomplishments of the Office of Ethics and Accountability and shall be provided to the County Executive and the Clerk of the County Council. Upon issuance, notice shall be given to the public of the issuance of the report and the report shall be posted on the County Government website.

Investigations, inspections and reviews shall be subject to quality assurance reviews by an appropriate professional, non-partisan, objective group every three to five years. A copy of the written report resulting from this review shall be furnished to the County Executive and the County Council, and shall be made available to the public.

There is hereby created a Prince George's Arts and Humanities Council, hereinafter referred to as the "Arts Council." The Arts Council is created as a not-for-profit, tax-exempt organization for the purpose of promoting, developing, educating, and otherwise furthering the arts in Prince George's County by actively supporting artists, arts organizations, humanities scholars and organizations and their roles in the civic life of the County. The County government is hereby authorized and encouraged to assist the Prince George's Arts and Humanities Council in its role as the initiator of arts and cultural activities in Prince George's County. The County Executive is further authorized and encouraged to extend financial support to the Prince George's Arts and Humanities Council for future appropriation requests based on funding availability.

The powers and duties of the Arts Council shall be vested in and exercised by a Board of Directors consisting of at least nine (9) and no more than twenty-five (25) members who are residents of the County, appointed pursuant to the by-laws of the Arts Council as follows: Nine (9) board members appointed to consecutive three-year terms consisting of representatives and leaders from arts, education, humanities disciplines, and business and reflecting the geographical, cultural, and social diversity of the County. One board member shall be designated as Chair. At its first meeting, the Board shall elect from its members a Vice-Chair, Secretary, Treasurer, and Executive Director who shall form the Executive Committee. The County Executive and County Council may each designate one representative to serve as an ex-officio member of the Arts Council.

The members of the Arts Council shall serve without compensation. Expenses incurred by the members in the performance of their duties shall be paid in accordance with such budgetary and administrative procedures as may be adopted by the Arts Council.

The County Attorney, upon designation of the initial board members, shall prepare and file or cause to be prepared and filed with the appropriate bodies, articles of incorporation and such other documents as may be deemed necessary and appropriate in order that the Arts Council might be constituted a body corporate having perpetual existence. The Arts Council shall have the following powers and duties: To serve the public at large as the arts funding organization for the County; To serve as a recipient and distributor of federal, state, regional, public, private, foundation, and county arts block funding; To provide financial support through competitive grants programs and special funding initiatives for artists, arts organizations, humanities organizations, and humanities scholars; To provide advice and technical assistance for privately-funded arts in public places program in collaboration with the Art in Public Places Program administered by the Office of Central Services; To serve as the advisory body for the development, management, and marketing of Arts and Entertainment Districts in the County; To provide technical assistance and learning opportunities for individual artists and scholars as well as capacity building activities arts and humanities organizations; To build, own, develop, or manage facilities designated and designed for cultural and artistic uses including galleries, museums, theaters, performing arts centers and amphitheaters; and To provide advice and guidance on matters related to the arts, the humanities, and cultural aesthetics to the County Executive, the County Council, as well as the business, education, and civic leadership communities of the County.

The Arts Council shall meet in public session, unless otherwise provided by law, as provided in its bylaws as required to perform its duties and exercise its responsibilities.

The Arts Council shall advise and report annually to the County Executive and County Council its activities during the preceding fiscal year, together with any recommendations or request it deems appropriate to further the public purpose of the public body.

A Board to be known as the "Park and Recreation Advisory Board" is hereby established.

The Park and Recreation Advisory Board shall consist of eleven (11) members who have an interest in and understanding of parks and recreation in its broadest concept. The members shall be representative of all fields of park and recreational activities. All members appointed to the Board shall be expected to provide advice on a total park and recreation program for all citizens of Prince George's County. The Park and Recreation Advisory Board, shall, in all cases, remain a non-partisan body. The members shall be appointed by the County Executive and confirmed by the Council in accordance with Section 322 of the Charter. Of the eleven (11) Board Members, three (3) members shall be appointed from each of the three (3) areas: Northern, Central, and Southern, as established by the Prince George's County Planning Board. These nine (9) persons shall be residents of the area they represent. The remaining two (2) members shall be appointed as at-large members who will complete the Board's roster. From this group the Board shall elect a Chairman and Vice Chairman to serve for two (2) years. Staggered terms shall be established, with length of terms as follows: Initially, four (4) members appointed for four (4) years; four (4) members appointed for three (3) years; and three (3) members appointed for two (2) years. Subsequent appointments shall be for four (4) years, allowing for the continuation of staggered terms. Interim appointments to cover positions of members resigning shall be only for the remaining period of that member's term. Any member of the Board who misses, without an excused absence, three (3) or more meetings of the Board during any given calendar year shall be considered to have resigned from the Board.

The purpose of the Park and Recreation Advisory Board shall be to make recommendations to the County Council, the County Executive, and the Prince George's County Planning Board, relative to planning and conducting a diversified park and recreation program in Prince George's County.

The duties of the Park and Recreation Advisory Board shall be as follows: The Board shall, pursuant to Section 25-805 of the Land Use Article of the Annotated Code of Maryland, constitute the permanent advisory committee to the Prince George's County Planning Board. In conjunction therewith, the Board shall submit reports to the County Executive, County Council, and Planning Board periodically and at budget time, evaluating the park system and recreational programs within the County, with recommendations for any needed changes or improvements. The Planning Board staff shall assist the Advisory Board by providing an ongoing summary of park facilities and recreational programs on a county-wide basis and, to the extent possible, maintain a summary of all existing park and recreational programs provided by both private and public, including municipal and County, agencies. Recognizing the diversity of interests of all age and activity groups in parks and recreation in Prince George's County, the Board shall analyze and report to the County Executive, County Council, and Planning Board the park and recreational needs of the citizens of the County. It shall be the Planning Board's responsibility to develop and maintain a plan for immediate and long-range park and recreational needs. It is the Advisory Board's responsibility to annually review the proposed budget, formulated through the joint efforts of the Park and Recreation Director and the Prince George's County Planning Board. The Advisory Board shall make a recommendation as to whether, in its opinion, the programs and monetary expenditures are consistent with the park and recreational needs and financial capabilities of the County. In compliance with budget review policy guidelines, the Board shall forward its recommendations to the County Executive and County Council. At the public hearing on the Maryland-National Capital Park and Planning Commission budget, the Park and Recreation Advisory Board shall make a statement of its recommendations to the County Council. The Board shall perform such other functions and duties as the County Executive shall, by Executive Order, or the County Council shall, by Resolution, provide.

There is created in the County a Tree Planting Committee consisting of five (5) or more citizens of the County, to: (1) Provide for a systematic procedure for the beautification of the streets, roads and public rights of way; (2) Provide for the facilitation of citizen participation in the fulfillment of an established plan; and, (3) Encourage each municipality to cooperate and coordinate their endeavors with the County.

The five (5) or more citizens on the Tree Planting Committee who are residents of the County shall be appointed by the County Executive as follows: Two (2) members for a term of three (3) years, the Chairman for a term of four (4) years, and all additional members for a term of two (2) years.

The Tree Planting Committee shall develop and adopt a tree planting and development plan for the entire County. The plan shall designate well defined geographic areas in which certain types of trees shall be planted. The Committee shall have the authority to alter the plan from time to time as necessary and desirable. The Council shall adopt rules and regulations to carry out the purpose of this Division after the regulations have been recommended by the Tree Planting Committee.

As used in this Subdivision: Suburban area shall mean a geographical area less than an urban area, as established by the Department of Permitting, Inspections, and Enforcement for administrative purposes only. Urban area shall mean the entire County, excluding any incorporated town or city.

The County Executive shall establish or create within the County or any portion thereof, outside any incorporated town or city, urban areas for the purposes of providing: The construction, reconstruction of roads, bridges, alleys, streets, sidewalks, curb and gutters, with storm drainage incident to such construction or improvement; Municipal functions and services such as street lights, street signs, street cleaning and maintenance, garbage collection, removal and disposition, acquisition and operation of a site or sites for the disposition of such trash and garbage; and Storm drainage systems to construct, maintain and operate a system for the control and disposition of surface waters within the County or any portion thereof. The improvements, services and functions may be provided for the whole urban area, suburban area or for such portion thereof as the Council may from time to time determine. Before the County Executive establishes or creates such urban area or areas, notice of its intention to so establish or create shall be published at least once a week for two (2) consecutive weeks in at least one (1) newspaper published in the County, which has a circulation in the area affected. The notice shall state the boundaries of the area, the municipal function, or improvement which may be provided, and advising all property owners to appear at a time and place stated in the notice, to show cause, if any there be, why such urban area, the functions, services or improvements should not be provided as proposed.

The purpose of the creation of an urban area under this Division shall be as follows: Provide for the construction or reconstruction of roads, bridges, alleys, streets, sidewalks and curb and gutters, with storm drainage incident to such construction or improvement. Provide for municipal functions and services such as street lights, street signs, street cleaning and maintenance and garbage collection, removal and disposition. Provide for the construction, maintenance and operation of storm drainage systems for the control and disposition of surface waters. Such improvements, services and functions may be provided for the entire urban area, for a suburban area or for such portions thereof as the Council may from time to time determine.

The Council shall adopt all necessary rules and regulations for the construction, maintenance, or operation of the improvements, municipal functions, governmental services, and, shall fix the amount, time and manner of payment. All taxes so levied by the Council shall be treated in all respects as County taxes, collected by the Director of Finance, and shall have all of the priority and lien rights of other County taxes.

The entire area of the County, with the exception of any municipalities, shall be deemed an "urban area." There shall be as many suburban areas as may from time to time be determined to be contained within such urban area.

The Council has the power and authority to by legislative act merge, consolidate or transfer to or under the applicable provisions of this Division any or all of the special taxing areas, special improvement districts services, functions, or improvements that have been established, created or provided under the existing provisions of this Code. Upon the enactment or adoption of such acts all special assessments, ad valorem taxes previously assessed or levied under the provisions of this Code are declared to be legal and after the adoption or enactment of the acts merging, consolidating or transferring the services, functions, or improvements to or under the provisions of this Division the assessments or levies shall be made under the provisions of this Division.

All previously created urban areas, special improvement districts and special taxing areas in the County shall be merged and consolidated in the urban area created in this Division. All services, functions or improvements that have been established, created or provided in any urban area, special taxing area or special improvement district are transferred to the urban area created under this Division. Upon the merger, consolidation and transfer of such urban areas, special improvement districts and special taxing areas, the services, functions or improvements therein shall continue. Any obligations and assessments shall remain in full force and effect and shall come under the provisions of this Division.

The County Executive shall by Executive Order fix the time and manner of payment of the costs of such services, functions or improvements which shall include principal and interest. Any special assessment tax so proposed shall not be adopted by Executive Order or otherwise, until the County Executive gives a notice, to be published at least once a week for two (2) successive weeks in three (3) newspapers published in Prince George's County which have a circulation in the area affected. The notice shall state the date on which the assessment is proposed to be made and advising all property owners to appear at a time and place stated in the notice, to show cause, if any there be, why the assessment should not be made as proposed. Any property owner aggrieved by the action of the County Executive shall have the right to appeal to the Circuit Court of the County, provided such appeal is taken within thirty (30) days next succeeding the date on which the assessment is made.

The special assessment tax levy by the Council for the improvements as provided in Section 2-367 "the construction, reconstruction of roads, bridges, streets, alleys, sidewalks, curbs and gutters with storm drainage incident thereto," shall be on a special benefit assessment basis. When the Council is required to make the special assessment against the abutting land for these improvements, whether for the construction of roadways, bridges, sidewalks, curbs or gutters and/or storm drainage incident to such improvements, any or all of them, and such lot is located at the intersection of two (2) streets and is what is known as a corner lot, the Council shall have the power to make an assessment for the number of feet in the front of such lot, where the improvement abuts on the front of such lot. In case the improvement abuts on the side of such a lot, the assessment made for such improvement against the lot shall be for one-third (1/3) of the number of linear feet of the side of the lot, and for the purpose of assessment the short side of such lot shall be considered the front of such lot. In cases where the two (2) sides are equal, the Council shall determine which is front and which is the side of such lot. Such determination shall be final and conclusive. In cases of lots, where it be determined to be inequitable to place the entire cost of such improvements upon property abutting; or lots abutting on more than two (2) streets and of lots of irregular or unusual shape, and in cases of lots abutting on two (2) or more streets where in one (1) or more of such streets, bridges, roadways, sidewalks, curbs, gutters or storm drainage and street improvements, or any or all, have been or are about to be constructed under such circumstances as not to subject such lots to a special assessment by the Council, the Council shall have full power and authority to adjust assessments to be made against such lots for the cost of improvements herein authorized abutting such lots to such an amount as shall be just and equitable. The cost of improvements thus exempted may be included in the assessments to be made against the abutting property included in the project. The Council may contribute from the general funds or proceeds of bond issues such sums as in its judgment is just and equitable to the original assessment, and may also receive from a municipality, agency, private individual or company and apply to such project such sum or sums of moneys as might be agreed upon. Such adjustments as may be made by the Council shall be final and conclusive. The Council where assessments are made against unimproved lots or property which the Council deems has a substantial frontage, may contract with the owner to defer the payment of the assessment and cumulated interest for a period of time not to exceed ten (10) years.

The special assessment taxes levied by the Council for the costs of municipal functions, services and improvements provided in Section 2-367, "Municipal functions," except garbage and trash collection removal and disposition, site acquisition and operation, shall be by an ad valorem tax levied against all of the property assessed for County tax purposes within such area or that portion of the area where such are provided. The Council may allow credit against such levy of certain State funds, provided the requirements of the Council are complied with. The special assessment taxes levied by the Council for the costs of garbage and trash collection, removal and disposition, including site acquisition and operation shall be by an ad valorem tax against all of the improved properties assessed for County tax purposes within the area receiving trash and garbage removal and disposition service. The Council may in its discretion prescribe the method of payment and the rate of tax for the costs of the collection, removal and disposition of trash and garbage as follows: the basis of the tax to be the total costs of said service divided by the number of units served. The Council may vary the tax rate as between individual residential units and commercial establishments. Such decision as to any variance for such service by the Council shall be conclusive. For Fiscal Year 2002 and each year thereafter, the special assessments levied by the Council for the costs of garbage and trash collection, removal and disposition, including site acquisition and operation, shall not apply to property currently owned by organizations exempt from income taxes in accordance with Section 501(c)(3) of the Internal Revenue Code. The special assessment tax shall also not apply to property currently owned by units or instrumentalities of the State of Maryland, the Maryland-National Capital Park and Planning Commission, the Washington Suburban Sanitary Commission, the Washington Metropolitan Area Transit Authority, properties currently owned by Prince George's County, or properties currently owned by any incorporated municipality within Prince George's County. The special assessment tax rate for garbage and trash disposition and the acquisition and operation of a site or sites for the disposition of such garbage and trash shall be established on a per unit basis. The special assessment tax rate for garbage and trash disposition and the acquisition and operation of a site or sites for the disposition of such garbage and trash for residential and commercial uses shall be based upon the amount of garbage and trash anticipated to be generated by each type of use. The County Executive shall collect appropriate data, analyze waste generation, and recommend a reasonable system of rates and charges for adoption by the Council in conjunction with the adoption of the annual operating budget. The special assessment tax rate for residential and commercial properties and commercial uses shall be established at rates that are designed to generate the same total revenue previously generated by the residential rate alone, provided, however, that the rates shall be adjusted to ensure sufficient revenue to cover the increase in the cost of providing services. For Fiscal Year 2002 and each fiscal year thereafter, the rate for residential properties shall not exceed Thirty Dollars ($30.00) per fiscal year per residential unit for that portion of the residential property refuse fee known as the Base Benefit Fee. For Fiscal Year 2002 and each fiscal year thereafter, the special assessment tax rate for commercial properties and commercial uses shall be calculated by assigning each business type to a waste generation classification system of low, medium, and high, with a corresponding waste generation as follows: 0 to 3.99 pounds per improved square foot per fiscal year - low; 4.00 to 5.99 pounds per improved square foot per fiscal year - medium; and 6.00 & above pounds per improved square foot per fiscal year - high. For Fiscal Year 2002, the initial unit dollar charge shall be $4.40 for low generators; $11.00 for medium generators; and $15.40 for high generators for each 100 square feet of improved area. For purposes of this Section, "improved area" for commercial and non-residential properties shall mean the total area in square feet of the building or buildings situated on the property excluding parking structures and outbuildings. The actual special assessment tax rate for commercial properties and commercial uses charged is the product of the unit dollar charge and the improved square footage of each establishment divided by 100. In subsequent fiscal years, the special assessment tax rate charged for each classification may be adjusted to generate sufficient revenue required to offset the $20.00 per residential unit reduction in the Base Benefit Fee portion of the Residential Solid Waste Special Assessment Tax Rate. In addition, beginning July 1, 2003, the Commercial and Residential Solid Waste Special Assessment Tax Rate may also be adjusted each fiscal year to reflect increased County Recycling and Disposal System costs not to exceed the Consumer Price Index - all urban consumers for the Washington-Baltimore Metropolitan area using the January base index for the ensuing fiscal year. The County Executive shall provide an independent process to hear the appeal by the owner of any commercial property of the assignment of the property to a business type or waste generator category or of any physical measurement of the property that is alleged to be incorrectly calculated.

The special assessment taxes levied by the Council for the costs of improvements as provided in Section 2-367 "Surface Water," shall be by an ad valorem tax levied against all of the property assessed for County tax purposes within the watershed area served by such drainage system or that portion thereof served by any part of such system. The Council may contribute general funds or receive contributions from other County agencies, private interests, municipalities, adjacent counties, the District of Columbia or the United States Government in the pursuance of the original construction of such drainage systems or portions thereof.

The Council shall levy special assessment taxes as follows: The Council shall levy a special assessment tax for the construction and reconstruction of roads, bridges, alleys, streets, sidewalks and curb and gutters, with storm drainage incident thereto, on a special benefit assessment basis, pursuant to Section 2-374. The Council shall levy special assessment taxes for the cost of municipal functions and services, including street lights, street signs, street cleaning and maintenance, but excluding garbage and trash collection, removal and disposition and site acquisition and operation, by an ad valorem tax levy against all of the properties assessed for County tax purposes within the area or that portion of the area where such are provided, pursuant to Section 2-375. The Council shall levy special assessment taxes for the costs of garbage and trash collection, removal and disposition, by a unit service tax, against those properties within the urban area or that portion of the urban area receiving trash and garbage removal and disposition service, pursuant to Section 2-375. The basis of the tax shall be the total cost of such service divided by the number of units served. The Council may vary the tax rate as between individual residential units, apartment units, commercial and industrial establishments. The Council shall levy a special assessment tax for the cost of the construction, maintenance and operation of storm drainage systems for the control and disposition of surface waters by an ad valorem tax against all of the properties assessed for County tax purposes within the watershed area served by such drainage system or that portion thereof served by any part of such system, pursuant to Section 2-376. All assessments made pursuant to this Division shall be calculated by the Office of Finance.

The special assessment shall include principal and interest, duration of payments, time when payments fall due, the amount of the assessment and a brief description of the area affected. For all municipal functions such as street lighting and garbage collection, assessments shall be advertised under Section 2-373 only for the original assessment. These services are in the nature of continuing services, contracts are renewed from year to year and subsequent increases or decreases in the assessment need not be advertised. Any person aggrieved by a subsequent assessment shall have a right to appeal to the Council within thirty (30) days after notice of assessment.

The Council shall not expend general funds in carrying out the provisions of this Division except as hereinbefore provided, but in the event in any one (1) year the ad valorem tax, special assessment, or unit service tax levied is insufficient for the purpose of paying the principal and interest maturities of any bonds, notes or certificates of indebtedness issued under the provisions of this Division, general funds may be used. In such case the following year the particular tax levy or assessment for such service, function or improvement which caused the need of the use of general funds shall be increased to the extent necessary to reimburse the general funds used in the previous year.

The Council may receive funds and contribute funds as follows: The Council shall receive all auto tag rebates and other State credits, including those formerly accruing to special taxing areas, and may credit such funds to such assessments as described in this Division to the urban area, suburban area or any portion thereof. The Council shall specifically credit such auto tag rebates to all costs of street lighting and any surplus thereof shall be considered as part of the general funds. The Council may contribute from the general funds or proceeds of bond issues such sums as in their judgment shall be just and equitable to the original assessment as set out in Section 2-374, and may also receive from a municipality, agency, private individual or company and apply to such project such sums of money as might be agreed upon and such adjustments as may be made by the Council shall be final and conclusive. The Council may contribute general funds or receive contributions from other County agencies, private interests, municipalities, adjacent counties, the District of Columbia or the United States Government in the pursuance of the original construction of such drainage systems or portions thereof as set out in Section 2-376. The Council may not contribute general funds in carrying out the provisions of this Division, except as provided in this Section, but in the event in any one (1) year the ad valorem tax, special assessment or unit service tax levied is insufficient for the purpose of paying the principal and interest maturities of any bonds, notes or certificates of indebtedness issued under the provisions of this Division, general funds may be used. The following year the particular tax levy or assessment for such service, function or improvement which caused the need of the use of general funds shall be increased to the extent necessary to reimburse the general funds used in the previous year. (This Subsection applies principally to those projects as set out in Section 2-367(a)(2) and (3).

The Executive may condemn property or interests therein, negotiate and make contracts with any municipality, adjacent county, the District of Columbia, the United States Government or any agency thereof, the State of Maryland, or any agency thereof, and any other person, corporation in performing and providing the proper administration of the provisions of this Division.

The County, for the purpose of making any of the improvements provided in this Division, or providing the governmental services or municipal functions or for the maintenance and operation of the facilities or systems within the defined areas, shall have full power and authority to borrow upon the faith and credit of the County such sum or sums as may be needed for the purposes above mentioned, to fix the maturity or maturities of any such debt, the interest rate or rates, not exceeding six percent (6%) per annum, and manner and place of payment, and in each instance to issue its bonds or note or other evidences of indebtedness for the amount of monies so borrowed. The bonds, notes or other evidences of indebtedness shall be issued in groups or series, each such group or series to be appropriately identified with the improvement for which the money is being borrowed. The bonds, notes or other evidences of indebtedness may be sold by the Council from time to time at public sale or by private negotiation, notwithstanding the provisions of Section 10 of Article 31 of the Code of Public General Laws of Maryland (1957 Edition), as amended. None of the bonds, notes or evidences of indebtedness shall be issued to mature over a longer period than thirty (30) years from date of issuance or the probable useful life of the improvement or undertaking with respect to which they are to be issued. They shall be issued on an annual serial maturity plan so arranged as to correspond as nearly as possible in amounts with the aggregate amounts of special assessments as above provided. The Council shall, by a proper ordinance in each case, provide for the issuance of the bonds, notes or other evidences of indebtedness and for the liquidation thereof and the interest thereon by the application of the receipts of the special assessments with respect to which the bonds, notes or other evidences of indebtedness are issued. The Prince George's County Government shall, also by the legislative act provide, in each case, that in the event the proceeds of the collection of such special assessments are in any year insufficient for the purpose of paying the principal and interest maturities of any such bonds, notes or evidences of indebtedness, such deficiency shall be made up by the County from the proceeds of unlimited ad valorem taxes levied upon all assessable property within the corporate limits of the County subject to unlimited taxation thereby. Any bonds issued pursuant to the authority of this Section and the interest payable thereon and the income derived therefrom in the hands of the holders thereof from time to time shall be, and is declared to be exempt from State, County and municipal taxation of every kind and nature whatsoever in this State.

The Council may require any owner or developer of a subdivision or tract of land upon which dwellings, apartments, stores or other buildings are to be erected to contribute what it deems to be a fair share of the costs of a drainage project under the provisions of Section 2-367 before it approves or constructs such project. Such contribution shall be paid in cash before construction begins or secured to the satisfaction of the Council.

In any area in which there is levied a special assessment tax for trash and garbage collection service, pursuant to the provisions of Section 2-377(a)(3) of this Division, the Prince George's County Government shall provide, upon request of the party receiving such service, and without additional charge, "on-premise collection service," to any household in which all of the residents are physically unable by reason of age or infirmity to carry trash to the curb. Any person who is more than sixty-five (65) years of age shall be deemed to be unable to carry trash to the curb. "On-premise collection" shall mean the collection of trash and garbage at the rear or side of a dwelling. The following requirements apply to on-premise collection: Trash must be placed in a metal or tough plastic container with handles and a tight-fitting lid, with a maximum weight of 60 lbs. A maximum of one opaque plastic bag not within a trash container that can be picked up and carried without tearing and securely tied at the top to prevent spillage may be used per residence per collection. The Department of the Environment shall provide outreach to those persons it supplies, or will supply on-premise collection including, but not limited to: eligibility and application for the services, accessing the services, and a description of the services provided. This provision shall apply to any contract negotiated or renegotiated by Prince George's County for trash and garbage collection in accordance with this Division herein from the effective date of this Act.

When a special assessment tax is levied pursuant to this Division for installation of street lights, payment of the tax shall be made according to the following schedule: less than $150.00 due in one lump sum $150.00 to $300.00 2 equal annual installments $301.00 to $450.00 3 equal annual installments in excess of $450.00 5 equal annual installments

The notice of special assessment sent to the property owners concerned shall show the total amount of the special assessment tax for street lighting to be paid by the individual property owner, along with a schedule of the installments that will appear on the tax bill for the current and succeeding years.

Notwithstanding the limitations set forth in Subdivision 1 hereof, the County Executive may establish or create within the County, or any portion thereof, urban areas for the purposes of providing municipal functions and services of recyclables collection, removal, disposition, and acquisition and operation of a site for the disposition of such recyclables, and garbage and trash disposition, and the acquisition and operation of a site or sites for the disposition of such garbage and trash.

The procedure for establishing urban areas as provided in Section 2-384.03 shall be as set forth in Subdivision 1, above. The procedure for levying special assessments for such urban areas shall be as set forth in Subdivision 1, above. The special assessments rates for such urban areas shall be established in accordance with Section 2-375.

Contractor means any person including a subcontractor who acts as or for a property owner or permit holder, public or private, or any person engaged in excavation activity. Excavate or Excavation means the movement or removal of earth using mechanized equipment or blasting, and includes augering, backfilling, digging, ditching, drilling, grading, plowing, pulling-in, ripping, scraping, trenching and tunneling or either of them. Hazardous to the Public within the meaning of Section 11-132 relating to concentration of natural gas, and the reporting requirement thereunder, the phrase means any condition which may cause an interruption of essential services and, in addition, may result in death or injury to persons or property due to destruction of, disruption of, or damage to an underground piping system. Permittee (Permit Holder) means the actual person to whom a permit is issued under the provisions of the County Building Code or Road Ordinance, or both, the term also means and includes, as being directly accountable under the terms of this Ordinance, the contractor, builder, developer, excavator, or other person who engages in excavation work covered by this Ordinance. Person means any individual, partnership, association, corporation and includes any trustee, receiver, assignee, or personal representative thereof. Utilities means any person, firm, or corporation which furnishes or transports by means of an underground conduit any of the materials or services as defined under the term "utility line(s)." Utility Line(s) means any underground conduits and its related facilities including pipe or cable, by which there is furnished or transported any of the following materials or services: Flammable, natural, toxic, or corrosive gas; Petroleum, petroleum products, and hazardous liquids; Electricity; or Communications.

Utility service protection center means the "one call concept" Center established by utility companies doing business in Prince George's County, Maryland, for the purpose of expediting and simplifying information requests concerning field site identification of underground utilities for excavators, contractors, builders, developers, permittees and other persons who are to engage in excavation activities under the provisions of this Ordinance. The membership of the Center consists of the following: American Telephone and Telegraph Company, Baltimore Gas and Electric Company, Chesapeake and Potomac Telephone Company of Maryland, Potomac Electric Power Company, Washington Gas Light Company and the Washington Suburban Sanitary Commission. The membership of the Center does not include the following: The City of Bowie, Maryland, providing municipal water and sewer service, and the Southern Maryland Electric Cooperative, Incorporated. It is the essential function of the Center to promptly notify the utility(ies) concerned so that it, or they, shall individually and directly respond to the permittee with the required information under this Ordinance.

The County Council finds that there exists within the County thousands of miles of underground utility lines; and that many more are laid throughout the County each year. In addition, an equally large number of construction and excavation projects are initiated on public and private spaces, such as: road construction, erection of buildings and developments, repairs and relocation of overhead utility line poles, site grading, installation of road signs and other instances. The Council further finds that with greater congestion, the present trend in community planning and development is directed toward the installation of all types of utility services beneath the ground. These factors in combination result in the frequent exposure of existing underground utility lines to breaks or rupturing in the underground conduits and related facilities including pipe or cable. The Council further finds and declares that as a result of its inquiry into the substantial numbers of breaks or rupturing to utility lines, and the causes therefor, that there exists a serious threat to human life and property which demands immediate legislative action, and that it is in the clear public interest to prescribe certain remedial measures so as to prevent the interruption of vital utility services necessary to communications, the furnishing of gas and electricity, and water and sewer services; and more particularly to prevent the ignition and explosion of natural gas.

Notwithstanding any of the penalty provisions of said Subtitles 4, 11, and 23 of the Prince George's County Code of Ordinances and Resolutions, 1967 Edition, as amended, including the general penalty provisions of Subtitle 1 thereof, it is hereby ordained that each violation hereof shall, upon conviction, be punishable by a fine or penalty not to exceed One Thousand Dollars ($1,000) for any single violation or imprisonment for not more than six (6) months. Each day any violation of any provision of this Division continues shall constitute a separate offense.

The general administration and enforcement of this Division shall be under the respective direction of the Director, Department of Permitting, Inspections, and Enforcement, Director of Public Works, and the County Fire Chief.

No member of any Board or Commission shall be entitled to compensation unless specifically provided for by legislative act.

The Chairman of each Board or Commission shall be responsible for maintaining a permanent record book of all meetings which shall as a minimum set forth the date of each meeting, the time of convening, the members present, and the time of adjournment. The Chairman's signature on the record book shall be a certification that the record of the meeting is correct.

Board or Commission members shall be given adequate notice of all meetings. A member may, upon advanced written request to the Chairman, be excused by the Board or Commission on a majority vote of the members present for sickness or other valid reason. A member who misses at least half of the scheduled meetings over a twelve (12) month period shall be removed from the Board or Commission and replaced in accordance with the appointment process for such Board or Commission.

Members of Boards or Commissions may be entitled to reimbursement for travel and other expenses only in accordance with administrative rules and regulations established by the Chief Administrative Officer and in accordance with established budgetary procedures.

The following County Boards and Commissions shall have at least two (2) members between the ages of sixteen (16) and twenty-four (24): Agricultural Resources Advisory Committee Animal Control Commission Art and Humanities Council Art in Public Places Board of Social Services Cable Television Commission Cannabis Restoration and Reinvestment Board Commission for Children, Youth and Families Commission for Fathers, Men and Boys Commission for Individuals with Disabilities Commission for Veterans Commission for Woman Committee on Aging Fair Election Fund Committee Historic Preservation Commission Housing Authority Human Rights Commission Local Development Council Medical Advisory Board Memorial Library System (Board of Library Trustees) Mental Health Advocacy Board Park and Recreation Advisory Board Project Labor Agreement (PLA) Coordinating Committee Redevelopment Authority Revenue Authority Solid Waste Advisory Committee Members of the Youth Advisory Program shall be appointed through the established appointment process procedures of the respective Board or Commission to which they apply. Youth Advisory Program members shall not count towards a quorum for the respective Commission or Board to which they are appointed. Compensation. Board and Commission members appointed under this section shall not receive compensation for service on any Board or Commission unless compensation is expressly authorized for all Board or Commission members subject to Sec. 2-390 of this Division. Board and Commission members appointed under this section shall be entitled to compensation commensurate with that provided to existing members of the respective Board or Commission if: The member is between the ages of twenty-one (21) and twenty-four (24); and The member is appointed to a Board and Commission that authorizes compensation for its members. Board and Commission members appointed under this section who are twenty (20) years of age or younger at the time of appointment shall receive compensation in the form of a scholarship, disbursed upon successful completion of their service term. The Scholarship amount shall be equivalent to the total remuneration accrued by the sitting members of the Board or Commission during a full term.

The County agency known as Citizens Against Rural Poverty (CARP) shall be included within the Division of Housing and Community Development, with the overall responsibility for administration of Citizens Against Rural Poverty (CARP) vesting in the Department of Human Resources and Community Development. Program administration for the agency known as Citizens Against Rural Poverty (CARP) shall be assumed by the County Government so as to most efficiently provide needed services to the rural areas of the County and to assist the rural poor in all ways possible.

The Citizens Against Rural Poverty (CARP) Board, which board shall act in an advisory capacity to the Director of the Department of Human Resources and Community Development, shall consist of nine (9) members appointed by the County Executive and confirmed by the County Council. The Membership Committee of Citizens Against Rural Poverty (CARP) shall submit a list of recommended candidates for the Citizens Against Rural Poverty (CARP) Board to the County Executive, such list being solely advisory in nature.

The Citizens Against Rural Poverty (CARP) Board shall, by majority vote, annually select a Chairman of the Citizens Against Rural Poverty (CARP) Board. The Chairman must be one of the nine (9) sitting members of the Citizens Against Rural Poverty (CARP) Board. An interim vacancy in chairmanship shall be filled by a similar majority vote, and the replacement Chairman shall serve for duration of the prior Chairman's remaining annual term. If a tie vote shall occur in selecting a Chairman, the County Executive is entitled to cast a tie breaking ballot.

Pursuant to and in accordance with the provisions of Part 1062, entitled "Establishment and Eligibility of Community Action Agencies," of Chapter 10, Title 45 of the Code of Federal Regulations, the United Communities Against Poverty, Incorporated (UCAP), a corporation chartered under the laws of the State of Maryland is hereby designated as a proposed community action agency by Prince George's County, Maryland. Such designation is being made in accordance with the aforesaid regulations solely for the purpose of permitting UCAP to apply for recognition as a community action agency by the United States Office of Economic Opportunity.

When the County is notified by a governmental body that any property located in the County owned by a governmental body, including but not limited to property owned by the Maryland-National Capital Park and Planning Commission, Washington Suburban Sanitary Commission, Washington Metropolitan Area Transit Authority, or the State, is to be disposed of and the property to be disposed of is also located in a municipality within the County, the County shall give notice of the disposed of property to the municipality where the disposed property is located.

When the County collects any money or funds on behalf of a municipality within the County, the County shall send notification to the municipality that the money or funds have been received.

There is hereby created the Trust for Social Care of Prince George's County, hereinafter referred to in this Division as the "Trust." The Trust is created for the purpose of providing aid, including, but not limited to, food, clothing, shelter, and medical care for the poor, the sick, the aged, the handicapped, and other needy individuals residing within Prince George's County.

The powers and duties of the Trust shall be vested in and exercised by a body of five (5) trustees. The initial trustees shall be nominated by the County Executive and confirmed by the County Council within thirty (30) days of such nomination. All trustees shall be residents of Prince George's County. Upon the death, resignation or incapacitation of any trustee, a successor trustee shall be nominated by the County Executive and confirmed by the County Council within thirty (30) days of such nomination.

The trustees shall serve without compensation. Expenses incurred by the trustees in the performance of their duties shall be paid in accordance with such budgetary and administrative procedures as may be adopted by the trustees.

The County Attorney, upon designation of the initial trustees, shall prepare and file or cause to be prepared and filed with the appropriate bodies, articles of incorporation and such other documents as may be deemed necessary and appropriate in order that the Trust might be constituted a body corporate having perpetual existence. Subject to modification by ordinance of the County governing body, if the same is deemed necessary and appropriate to effectuate the purposes of the Trust, the Trust shall have the following powers and duties: To provide, through appropriate means, for the health and welfare of the poor, the sick, the aged, the handicapped and other needy individuals residing in Prince George's County. To contract and be contracted with, to sue and be sued, to take, purchase or otherwise acquire any property, real or personal, of whatever kind and form, from whatever source, and to hold, lease, convey, assign, spend or otherwise dispose of such in whatever manner as the trustees in their discretion shall deem most appropriate for the benefit of the persons constituting the intended beneficiaries of the Trust. To preserve the corpus of the Trust funds and to disburse the income earned with respect to such funds as are deemed appropriate to social care agencies serving the citizens of Prince George's County. To manage and administer such funds or property as may be acquired by the Trust through budgetary allocation, donation or otherwise for the benefit of the poor, the sick, the aged, the handicapped and other needy residents of Prince George's County. To apply all monies, assets, property or other things of value that may come into the Trust as an incident to its operation to the general purposes of the Trust. To take any action necessary and proper to effectuate the powers and duties expressly conferred by this Division, including any and all actions required by State or federal law to establish and maintain a tax-exempt corporate status. To adopt, subject to the terms of this Division, such rules as are necessary and proper for the regulation or government of the Trust, or to effectuate the purposes of the Trust. To delegate any of the powers conferred in this Division to any one or more of the trustees. The trustees shall report annually to the County Executive and County Council their activities during the preceding year together with any recommendations or request they deem appropriate to further the purposes of the Trust hereby created.

The Trust is hereby authorized to receive and the County is authorized to pay over and transfer to the Trust from time to time monies or properties to carry out the purposes of the Trust. The County may appropriate from time to time such sums as are determined to be necessary and appropriate for the purposes of the Trust.

The trustees shall not be liable for any error of judgment nor for any act done or step taken or omitted nor for any mistakes of law or fact nor for anything which the trustees may do or refrain from doing in good faith in the proper furtherance of the purposes of the Trust nor generally shall the trustees have any accountability hereunder except for willful misconduct or gross negligence.

The powers and duties granted to the Trust under this Division shall be carried out by the Trust as a body corporate and not as an agency of the County.

The Prince George's County Advisory Committee on Sand and Gravel Operations is hereby created to serve as a link between the sand and gravel industry, County residents, and local government.

The Committee shall have the authority and power to: Serve as the central point of information for industry, citizens, and government on the status of specific operations, and proposed requests for new operations; Be cognizant of all laws, rules, and regulations governing the industry so as to be a reliable, central source of information to members of the public and the industry alike, and to recommend, where appropriate, changes to eliminate unnecessary laws and to avoid duplication of enforcement efforts; Assist, develop, and conduct programs of citizen education and information so as to fairly and accurately reflect the nature of industry operations, as well as to undertake activities to encourage industry members to maintain high standards of honesty and public responsibility in its own operations; Coordinate meetings between citizens and industry representatives, when necessary, to facilitate discussions between the parties over specific concerns which may arise regarding a particular site or the industry at-large; and Work to establish better communication and understanding between the sand and gravel industry and the community at large.

The Committee shall be composed of nine (9) members appointed by the County Executive and subject to the confirmation by the County Council. Three (3) members shall be directly affiliated with the sand and gravel industry; three (3) members shall be citizens with no affiliation with the industry or local government; one (1) member shall represent the County Executive; one (1) member shall represent the County Council; and one (1) member shall represent the Department of Licenses and Permits. Members shall be selected so as to represent diverse geographic locations and a broad range of interests and associations. The term of office for each member shall be for three (3) years; however, the terms of the initial appointments shall be staggered with five (5) members appointed to two (2) year terms and four (4) members appointed to three (3) year terms. The committee members shall elect annually from its own membership a chairman and such other officers as it deems necessary. Technical support shall be provided by the County Council.

The Committee shall meet in public session on call of the chairman as frequently as required to perform its duties and exercise its responsibilities.

The Committee shall advise and report annually to the County Executive and County Council its activities during the preceding year, together with any recommendations or request it deems appropriate to further the public purpose of the committee.

The Prince George's County Agricultural Resources Advisory Committee is hereby created to serve as a link between the farming community and local government.

The Committee shall have the power and duty to: Serve as the central point of information for the farming community regarding governmental programs affecting agricultural operations; Advise County government regarding the effect on agricultural operations of existing laws, policies, rules and regulations; Advise County government regarding the effect on agricultural operations of potential laws, policies, rules and regulations; Work to establish better communication and understanding between the agricultural industry and the community at large; and Advise the County government on the implementation of state and local initiatives pertaining to development such as, but not limited to, rural legacy, nutrient management, and smart growth programs.

The Committee shall be composed of thirteen members nominated by the County Executive and confirmed by the County Council. Four members shall be citizen members with specific farming interests. The other nine members shall represent the Farm Bureau, the Maryland Cooperative Extension, the County Agricultural Land Preservation Advisory Board, the Soil Conservation District, and the United States Department of Agriculture, non-farming interests, Prince George's County Association of Realtors, one member from the equine community and one member from the forestry community. One ex-officio member may be appointed by the County Executive and one ex-officio member by the County Council. Members shall be selected so as to represent diverse geographic locations and a broad range of agricultural interests. The term of office for each member shall be three years; however, the terms of the initial appointments shall be staggered with five members appointed to three-year terms, five members appointed to two-year terms, and three members appointed to one-year terms. The committee members shall elect annually from their own membership a chairman and such other officers as it deemed necessary. Staff support shall be provided by the Maryland-National Capital Park and Planning Commission.

The Committee shall meet in public session on call of the chairman as frequently as required to perform its duties and exercise its responsibilities.

The Committee shall advise the County Executive and County Council on issues of interest to the agricultural and rural populace, both on the Committee's own initiative and upon the request of either branch of County government. Further, the Committee shall submit an annual report to the County Executive and County Council summarizing its activities during the preceding year together with any recommendations or requests it deems appropriate to further the public purpose of the committee.

The Prince George's County Agricultural Reconciliation Subcommittee is hereby created to serve as a link between the Agricultural Reconciliation Subcommittee and the Agricultural Resources Advisory Committee and the farming community and local government.

The Subcommittee shall have the power and duty to: Advise the Agricultural Resources Advisory Committee on the farming community regarding governmental programs affecting agricultural operations; Advise the Agricultural Resources Advisory Committee regarding the effect on agricultural operations of existing laws, policies, rules and regulations; Advise the Agricultural Resources Advisory Committee regarding the effect on agricultural operations of potential laws, policies, rules and regulations; Advise the Agricultural Resources Advisory Committee in establishing better communication and understanding between the agricultural industry and the community at large; and Assist the Agricultural Resources Advisory Committee in advising County government on the implementation of state and local initiatives pertaining to development such as, but not limited to, rural legacy, nutrient management, and smart growth programs.

The Subcommittee shall be composed of five members nominated by the County Executive and confirmed by the County Council. The five members shall represent an active agricultural community member, an active agricultural community member that is a voting member of the Farm Bureau, a forestry representative, the Prince George's County Association of Realtors, and a non-farmer community member. One ex-officio member may be appointed by the County Executive and one ex-officio member by the County Council. Members shall be selected so as to represent diverse geographic locations and a broad range of agricultural interests. The term of office for each member shall be three years; however, the terms of the initial appointments shall be staggered with four members appointed to three-year terms, four members appointed to two-year terms, and three members appointed to one-year terms. The Subcommittee members shall elect annually from their own membership a chairman and such other officers as it deemed necessary. Staff support shall be provided by the Prince George's County Agricultural Marketing Specialist.

The Subcommittee shall meet in public session on call of the chairman of the Agricultural Resources Advisory Committee and the chairman of the Agricultural Reconciliation Subcommittee as frequently as required to perform its duties and exercise its responsibilities.

The Subcommittee shall advise the County Executive and County Council on issues of interest to the agricultural and rural populace, both on the chairman of the Agricultural Resources Advisory Committee's initiative and/or the chairman of the Agricultural Reconciliation Subcommittee's initiative upon the request of either branch of County government. Further, the Subcommittee shall submit an annual report to the Agricultural Resources Advisory Committee summarizing its activities during the preceding year together with any recommendations or requests it deems appropriate to further the public purpose of the Subcommittee.

There is established a Commission for Individuals with Disabilities. The Commission shall consist of twenty (20) members, six (6) of whom shall represent public and private agencies serving County citizens with disabilities, eight (8) of whom shall represent consumers of services to citizens with disabilities, and six (6) of whom shall be members of the general public. The appointment of members of the Commission and the designation of one (1) member as Chairperson shall be by the County Executive, subject to confirmation by the County Council. The terms of office for the members of the Commission shall be for staggered terms of three (3) years each. Vacancies shall be filled by appointment for the unexpired terms in the manner the appointments are initially made. The Executive, upon the notification and recommendation of the Chairperson of the Commission, will remove any member who has had more than three (3) unexcused absences in one (1) year to be replaced in the manner prescribed above. The members shall continue in office until their successors are appointed and have qualified. Members shall be eligible for reappointment.

The Commission shall meet at the call of the Chairperson or at the call of a majority of the members of the Commission. The Commission shall meet as frequently as required to perform its duties. A majority of the members of the Commission shall constitute a quorum for the transaction of business. A majority of those present at any meeting shall be sufficient for any official action taken by the Commission. The Commission shall submit an annual report to the County Executive and the Council concerning its activities and recommendations.

The Commission shall have the power and duty to: Identify, analyze, and evaluate all programs and services in the County related specifically to the needs of citizens with disabilities, and to promote the development of other services when a need for such services is determined. Research, assemble, analyze, and disseminate pertinent data and educational materials relating to activities and programs which will assist in meeting the needs of persons with disabilities and in the elimination of discrimination on account of disability; and to institute and conduct educational and other programs, meetings, and conferences to promote equal rights and opportunities for all persons with disabilities. In performance of its duties, the Commission shall cooperate with interested citizens, community, business, professional, technical, educational, and civic organizations. Cooperate with the County Executive and all governmental agencies, and to refer to the County Executive and to the proper governmental agencies any matters already in the jurisdiction of their existing powers, with the intent that duplication of effort will be avoided. Advise the County government on the implementation of the Americans with Disabilities Act (ADA), monitor its implementation by the County, and serve as an ongoing liaison between individuals with disabilities in the County, or organizations representing individuals with disabilities, and County government. Advise and counsel the residents of the County, the Council, the County Executive, and the various departments of the County, State, and Federal governments on matters involving the needs of persons with disabilities and on matters relating to discrimination on account of disability, and to recommend such procedures, programs, or legislation as it may deem necessary and proper to promote and insure equal rights and opportunities for all persons with disabilities. Work to remove inequalities due to unmet needs or discrimination on the basis of disability in such areas as housing, recreation, employment, education, community services, and related matters. Promote the development of an information and referral service for all services and programs for persons with disabilities. Hold such public forums or hearings as are necessary and appropriate to carry out the powers and duties of the Commission.

The Commission, through the Department of Family Services, may engage the services of volunteer workers and consultants without salary as they may find necessary from time to time. Services of an individual as a volunteer worker or consultant for the Commission shall not be considered as service of employment bringing such individual within any merit system of the County or of this State.

Administrative support for the Commission shall be provided by the Department of Family Services.

There is established a Commission for Children, Youth, and Families. The Commission shall consist of eleven (11) voting members; one who will be a representative appointed by the County Council; one who will be the Deputy Chief Administrative Officer for Health, Human Services and Education or other designee of the County Executive. The members of the Commission shall be broadly representative of the community. The appointment of members of the Commission shall be by the County Executive, subject to confirmation by the County Council, subject to Section 322 of the County Charter. The County Executive shall designate one (1) citizen member to serve as Chairperson. The terms of office for the citizen members of the Commission shall be for staggered terms of three (3) years each. Vacancies shall be filled by appointment for the unexpired terms in the manner the appointments are initially made. Upon the written notification and recommendation of the Chairperson of the Commission, the County Executive may remove any member who has had more than three (3) unexcused absences in one (1) calendar year to be replaced in the manner prescribed above. Members in good standing, in accordance with Subsection (c) above, may serve on the Commission until their successors are appointed and confirmed. Members shall be eligible for reappointment for one (1) three (3) year term. A Commission member who does not wish to serve on the Commission must submit in writing to the Chairperson his or her resignation and include an effective date.

The Commission shall meet at the call of the Chairperson or at the request of two-thirds (2/3) of the membership, as frequently as required to perform its duties but at least five (5) times a year. A quorum shall consist of a simple majority of the members of the Commission for the transaction of business. A majority vote of the quorum at any meeting shall be sufficient to pass any official action taken by the Commission. Meetings shall be scheduled at times which are conducive to participation by citizen members, including the periodic scheduling of meetings during non-business hours. All meetings shall be conducted in accordance with the Roberts Rules of Order (revised). The Commission shall hold at least one (1) public hearing each year on service needs and delivery issues. On or before January 1 of each year, the Commission shall submit an annual report to the County Executive and the Council concerning its activities for the preceding fiscal year and recommendations for future consideration.

The Commission shall have the following duties and responsibilities: The Commission shall: Develop priorities for serving children, youth and families based on State-mandated goals for child well-being; Advocate for the implementation of the County's priorities for services to children, youth and families; Monitor service delivery and recommend improvements to the responsible entity providing services to children, youth and families, and Function as an authority and policy maker for all agencies, organizations and service providers receiving State funding to handle issues impacting children, youth and families. The Commission shall collect and analyze statistical data on children, youth and families to determine data trends in Prince George's County. The Commission shall create and maintain a five (5) year plan for children, youth and families based on data analyses that will improve and/or implement services within the County. The Commission shall hold at least one (1) public forum each year to educate the public on issues related to children, youth and families, and on occasion shall hold public hearings to obtain input and opinions from the community at large that can be used to help formulate new policies or amend or repeal existing policies. The Commission shall serve as a review board to assess and make recommendations regarding public funding of proposals for services to children, youth and families in the County when requested. The Commission shall adhere to its Local Management Board Policies and Procedures Manual. Commission members, through their coordination, planning and monitoring, shall help ensure that the continuum of services throughout the County remains efficient and effective.

The Commission shall adopt such rules and procedures, subject to the approval of the County Executive, as may be necessary to carry out the purposes of this Division. The Commission shall keep a record of its activities and minutes of all official meetings. The records and minutes shall be on file and shall be open to the public at reasonable business hours upon request. The Commission shall review its by-laws and recommend updates as needed. The Commission's by-laws must be recommended for amendment or repeal by a two-thirds (2/3) majority vote of the Commission. The proposed amendment must be submitted in writing to all Commission members sixty (60) days prior to the next regular meeting.

The Commission shall be advised of major budgetary changes to County Departments which administer programs and services for children, youth, and families which will have significant impact on the current service delivery system. The Commission shall be given the opportunity to provide input on the establishment of program priorities for budget development and allocation of resources relating to children, youth, and families. The Commission shall make recommendations to the County Executive regarding the formulation, management and execution of a children, youth and families budget for Prince George's County.

The Commission may establish such committees as are deemed necessary and appropriate to assist in its functions and duties. Members of such committees may include nonmembers of the Commission. Committee actions shall not be deemed to be the action of the Commission and shall in no way bind the Commission or its members.

The Commission, through the Department of Family Services, may engage the services of volunteer workers and consultants without salary as it may find necessary from time to time and may engage other workers and consultants in accordance with the laws of the County, subject to budget appropriations, to assist it in carrying out its duties. Services of an individual as a volunteer worker or consultant for the Commission shall not be considered as service of employment bringing such individual within any merit system of the County or of this State.

Administrative and staff support for the Commission shall be provided by the Department of Family Services. The Division Chief for the Department of Family Services' Division for Children, Youth and Families serves as the Director of the Commission. The Commission Director oversees the administrative support to the Commission and serves as the primary liaison between the State, the Office of the County Executive and the Commission.

A committee to be known as the "Green Business Advisory Committee" is hereby established. The purpose of the Green Business Advisory Committee shall be to review County policies and practices on the development, retention and expansion of green and sustainable businesses in the County, the implementation of any tax and other economic development incentives and to make recommendations to the County Council, the County Executive and the Prince George's County Economic Development Corporation.

The Green Business Advisory Committee shall be composed of seven (7) members appointed by the County Executive and subject to confirmation by the County Council. Three (3) members shall be directly affiliated with businesses or business organizations in Prince George's County, including one (1) member representing the Prince George's County Economic Development Corporation; three (3) members shall be citizens with no affiliation with the industry; and one (1) member shall represent the County Council. Members shall be selected so as to represent diverse geographic locations and a broad range of interests and associations. The term of office for each member shall be for two (2) years; however, the terms of the initial appointments shall be staggered with four (4) members appointed to two (2) year terms and three (3) members appointed to one (1) year terms. The Green Business Advisory Committee members shall elect annually from its own membership a chairman and such other officers as it deems necessary. Technical support shall be provided by the Department of the Environment. Vacancies shall be filled by appointment for the unexpired terms in the manner the appointments are initially made.

The Green Business Advisory Committee shall have the following duties and responsibilities: Identify, analyze, and evaluate all programs and services in the State and County related specifically to the needs of green and sustainability businesses, and to promote the development of other programs and services when a need for services is determined; Advise and counsel the residents of the County, the County Council, the County Executive, and the various departments of County, State and Federal governments on matters involving the needs of green and sustainability businesses and to recommend such procedures, programs, or legislation as it may deem necessary and proper to promote and insure opportunities for their development, retention and expansion in the County; Research, assemble, analyze, and disseminate pertinent data and educational materials relating to activities and programs which will assist in meeting the needs of green and sustainability businesses; Hold such public forums or hearings as are necessary and appropriate to carry out the powers and duties of the Committee; and The Green Business Advisory Committee shall meet in public session on call of the chairman as frequently as required to perform its duties and exercise its responsibilities but not less than twice a year. The Green Business Advisory Committee shall submit such reports to the County Executive and County Council summarizing its activities with any recommendations or requests it deems appropriate to further the public purpose of the committee.

There is hereby established the Minority Business Opportunities Commission, which shall monitor the efforts of County government in procuring goods and services from minority business enterprises through the implementation of and compliance with the County's Minority Business Opportunities Program as set forth in Division 6, Subdivision 1, of Subtitle 10A of this Code. The Commission shall also recommend changes in County procurement policies, programs, and practices and recommend legislation designed to better enable the County to achieve the goals stated in Division 6, Subdivision 1, of Subtitle 10A of this Code. The Commission shall consist of eleven (11) members who shall be residents of Prince George's County. Whenever possible, members should be selected from the business or legal community. Additionally, at least one member should be a citizen representative. The members shall be appointed by the County Executive subject to confirmation by the County Council. Four (4) of the eleven (11) Commission members shall be appointed by the County Executive upon the recommendation of the County Council. No member of the Commission may have any financial interest in any entity doing business with the County nor shall any member in any manner whatsoever be interested in, or receive any benefit from, the profits or emoluments of any contract, job, work, or service for the County. The terms of members shall be for four (4) years. Any vacancy shall be filled for the unexpired term in the manner of the original appointment. Each member shall serve until a successor is confirmed. The County Executive shall designate two (2) members of the Commission as Chairman and Vice Chairman, subject to confirmation by the County Council.

There shall be an Executive Director of the Commission and such staff support and facilities as may be authorized and provided in the Office of Central Services.

The Commission is authorized to monitor and make such studies and surveys as it may determine or as directed by the County Council or County Executive with respect to: County policies and practices in procurement and contracting; The utilization of minority business enterprises by agencies of government and the private sector; The general conditions and problems encountered by minority business enterprises, including, but not necessarily limited to, the ability of minority business enterprises to obtain commercial credit and bonding facilities; Opportunities for minority business enterprises to contribute to the economic and employment development of the County; and Evidence of discrimination with respect to those businesses owned and controlled by minority individuals as set forth in Section 10A-101(a) of this Code. On the basis of such evidence, studies and surveys made pursuant to this Section, the Commission shall recommend to the County Executive, County Council, and the Purchasing Agent changes in existing laws, policies, programs, and practices, including, but not limited to, changes designed to ensure the following: That tasks subcontracted to minority business enterprises under County procurement are commercially meaningful in the trade and significant elements of the prime contractor's scope of work; That the County encourages the utilization of minority/nonminority business joint ventures to achieve minority business enterprise participation goals; That the County provides additional incentives to County-based minority business enterprises; and, That the inclusion of those minority individuals as set forth in Section 10A-101(a) of this Code, comports with the applicable requirements of federal law, both by past and present circumstances and with regard to evidence of underutilization and discrimination. The Commission shall monitor: The total number and dollar amount of contracts awarded by the County; The total dollar amount of contracts awarded by developers under the Priority Project program established pursuant to Division 9 of Subtitle 2 of this Code; and The total dollar amount of contracts awarded by developers with respect to facilities constructed with County contributions under Division 6, Subdivision 2, of Subtitle 10A of this Code. The Commission shall report to the County Council and the County Executive on a regular basis the status of efforts to achieve the goals stated in Division 6, Subdivision 2, of Subtitle 10A of this Code. The Commission is authorized to recommend to the Minority Business Development Division or its designee programs, services, and events designed to enhance both the quality and quantity of business opportunities in the public and private sectors for minority business enterprises. (e) The Commission shall be given the cooperation of all departments and agencies of the County government in carrying out its duties under this Division. The Commission may recommend to the Purchasing Agent which portions of an agency's contracts should be reserved for the programs established under Division 6 of Subtitle 10A of this Code where an agency has failed to meet the goals established. The Commission shall submit recommendations on a regular basis regarding changes of agency minority procurement goals, if appropriate, accompanied by necessary supporting data. The Commission shall review the determinations made by the Executive Director as to what portion of the dollar amount of a minority/nonminority joint venture may be attributed toward an agency's percentage goal. The Commission shall review minority business enterprise contracting procedures and make recommendations on methods to increase the participation of such contractors with the County. Such recommendations may include, but need not be limited to, improved schedules that ensure prompt payment to contractors, special geographic requirements on certain contracts, innovative contract advertising procedures, and the encouragement of joint ventures. The Commission shall hear appeals of any determination made by the Minority Business Development Division or its designee to deny a minority business enterprise certification. The Commission shall hear the appeal of any decision by the Minority Business Development Division or its designee to decertify any minority business enterprise. Such appeal shall be heard and determined by the Commission within ninety (90) days after the date on which it was filed. The Commission shall submit annual reports to the County Executive and the County Council on its activities during the reporting period In the administration and enforcement of the provisions of this Division and Division 6 of Subtitle 10A of this Code, the Commission has power to administer oaths, and, upon majority vote of the full Commission, to issue subpoenas, to compel for a formal hearing the attendance for testimony of witnesses and the production of records and documents relevant or necessary for proceedings. Any such subpoena shall be served by the sheriff or deputy sheriff of the political subdivision in which is located the residence of the person or the main office of the firm, association, partnership, or corporation against whom or which the subpoena is issued. In case of disobedience to a subpoena, the County, on behalf of the Commission, may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and/or the production of records and documents. After notice to the person subpoenaed as a witness or directed to produce records and documents, and upon a finding that the attendance and testimony of the witness or the production of the records and documents is relevant or necessary for the proceedings of the Commission, the court may issue an order requiring the attendance and testimony of the witness and the production of the records and documents. Any failure to obey such an order of the court may be punished as contempt of court.

The Commission shall promulgate its own rules and regulations, subject to the approval of the County Executive, as may be necessary and appropriate to carry out the responsibilities of the Commission.

The Commission shall meet at the call of the Chairperson or at the request of the majority of the membership, as frequently as required to perform its duties, but no less than once a month. A majority of the members of the Commission shall constitute a quorum for the transaction of business. A majority of the quorum at any meeting shall be sufficient for any official action taken by the Commission.

The Commission shall keep a record of its activities and minutes of all official meetings. The records and minutes shall be on file and shall be open to the public at reasonable business hours upon request.

The proposed budget of the Commission shall be submitted to the County Executive as part of the budget of the Office of Central Services in accordance with County budget procedures.

For purposes of this Division, the following words and phrases shall have the meanings ascribed to them herein: County construction project means any construction of new County government buildings or major renovation of existing County government buildings. A County construction project shall not include recreational buildings. Construction cost means those costs generally associated with capital projects. Construction cost does not include costs of land acquisition, engineering, planning, architectural fees, or furnishings. Work of art means an object, objects, or surface embellishment produced with skill and taste according to aesthetic principles. A work of art should be an original creation, rather than a mass produced item, expressing, but not limited to, a social, cultural, or historical theme. Works of art include, but are not limited to, paintings, sculptures, engravings, carvings, frescos, mobiles, murals, collages, mosaics, statues, bas-reliefs, tapestries, photographs, drawings, stained glass, or fountains, located either exterior or interior to the facility and readily accessible for viewing by the public. No decorative, ornamental, or functional elements in the architecture or the landscape satisfies the definition of work of art, except when commissioned from an artist as an integral aspect of the structure or site.

Every appropriation for a County construction project shall include an additional appropriation for works of art equal to at least one percent (1%) of the estimated construction cost of the project funded by the County, as shown in the County's Capital Improvement Program. Private donations of works of art are strongly encouraged, and may be substituted for the requirement of this Section.

All commissioned and completed works of art become the sole property of the County, which shall assume responsibility for the custody, supervision, maintenance, and preservation of such works of art.

For purposes of Sections 4-281, 4-330, and 23-116 of this Code, a certificate of guarantee is an instrument issued by an organization or entity which is approved by the County Attorney and meets such capitalization and other reasonable criteria as the County Executive may establish by regulation, including, but not limited to, the demonstrated expertise of the issuing organization or its members in construction; the estimated cost of the work to be performed by the permittee; the estimated cost of all work guaranteed by the issuing organization or entity; and the incidence of violation of, or otherwise failing to comply with, the provisions of Subtitle 4 or 23 of this Code by members of the issuing organization or entity. The determination of eligibility of a permittee to post a certificate of guarantee shall be in the sole ultimate discretion of the County Attorney. The County Executive is authorized to promulgate rules and regulations to implement the provisions of this Section. Such regulations and any amendments thereto shall be filed with the Clerk of the County Council.

In this Division the following words have the meanings indicated: Burial goods mean goods that are used in connection with burial. Burial goods include: Casket; A grave liner; A memorial; A monument; A scroll; An urn; and A vault. Cemetery means land used or to be used for burial. Cemetery includes a structure used or to be used for burial. Director means the Director of the Environment or the Director's designee. Engage in the operation of a cemetery means owning, controlling, or managing a cemetery, including performing activities necessary for: The establishment or improvement of a cemetery; Interment; and The care, preservation, or embellishment of a cemetery. Interment means all final disposition of human remains, including: Earth burial; Mausoleum entombment; and Niche or columbarium interment. Permit means a permit issued by the Director to allow a person to engage in the operation of a cemetery or provide burial goods. Preneed goods mean burial goods that are sold before the buyer's death. Preneed goods do not include burial space. Provide burial goods means: To sell, erect, or inscribe burial monuments; To sell burial goods.

The registration and permitting provisions of this Division do not apply to: A person who owns and operates a bona fide religious, nonprofit cemetery in the County and does not sell preneed goods; A not-for-profit organization created before 1900 by an act of the General Assembly; The operation of a funeral establishment, including the sale of burial goods in the ordinary course of the funeral establishment's business; A person currently and validly licensed to engage in the operation of a cemetery or provide burial goods pursuant to Title 5 of the Business Regulation Article of the Annotated Code of Maryland.

The Director shall adopt rules and regulations to carry out this Division. The Director may conduct an investigation and an inspection of the records and site of a person engaged in the operation of a cemetery. The Director may issue a subpoena for the attendance of a witness to testify or for the production of evidence in connection with any investigation or hearing conducted in accordance with this Section. If a person fails to comply with a subpoena issued under this Subsection, on petition of the Director, a circuit court may compel compliance with the subpoena. The Director may sue in the name of the County to enforce any provision of this Division by injunction. The Director may issue a cease and desist order if the Director finds a violation of this Division. The Director may issue a civil citation if the Director finds a violation of this Division. The Director may refer to the Office of Law a violation of this Division for enforcement and an alleged unfair or deceptive trade practice under State or County law. The Director shall maintain a list of all permit holders.

A person shall register with the Director before engaging in the operation of a cemetery in the County or providing burial goods in the County.

In order to register, an applicant shall meet the requirements of this Section. The applicant must be at least 18 years old. The applicant must be of good character and reputation. The cemetery or burial goods business with which the applicant is affiliated must be financially stable in accordance with Section 12-207 of this Subtitle.

An applicant shall register by: Submitting to the Director an application on the form that the Director provides; and Paying a nonrefundable application fee of Five Hundred Dollars ($500.00). The application shall state: The name, date of birth, and residential address of the applicant; The name and fixed address of the affiliated cemetery or burial goods business; Whether the cemetery or burial goods business with which the applicant is affiliated is owned or controlled by a partnership, limited liability company, or corporation; The name and residential address of each employee who sells cemetery goods or services to the public for the applicant while engaging in the operation of a cemetery or burial goods business; and Any other reasonable information that the Director determines is necessary to carry out this Division.

Each applicant shall demonstrate the financial stability of the cemetery or burial goods business with which the applicant is affiliated by providing the Director with a financial statement with the application for registration. If the applicant is an existing business, the financial statement shall: Be on the form that the Director requires; Contain a statement by a certified public accountant employed by the applicant, detailing the assets and liabilities of the cemetery or burial goods business for the last fiscal year; and Contain an opinion by the certified public accountant as to the financial stability of the cemetery or burial goods business. If the applicant is a new business, the financial statement shall: Be on a form that the Director requires; and Satisfy criteria that the Director adopts to determine the financial stability of applicants that are new businesses or existing businesses.

The Director shall issue a permit to an applicant who meets the requirements of this Division.

Subject to the provisions of this Section, a person may engage in the operation of a cemetery or burial goods business as a sole proprietor or through: A corporation as an officer, director, employee, or agent of the corporation; A limited liability company as a member, employee, or agent of the limited liability company; or A partnership as a partner, employee, or agent of the partnership. Subject to the provisions of this Division, a corporation, limited liability company, or partnership may engage in the operation of a cemetery or burial goods business through a registered person. A registered person who engages in the operation of a cemetery through a corporation, limited liability company, or partnership under this Division is subject to all of the provisions of this Division that relate to engaging in the operation of a cemetery or the provision of burial goods. A corporation, limited liability company, or partnership that engages in the operation of a cemetery or burial goods business under this Division is not, by its compliance with this Division, relieved of any responsibility that the corporation, limited liability company, or partnership may have for an act or an omission by its officer, director, member, partner, employee, or agent. An individual who engages in the operation of a cemetery or burial goods business through a corporation, limited liability company, or partnership is not, by reason of the individual's employment or other relationship with the corporation, limited liability company, or partnership, relieved of any individual responsibility that the individual may have regarding that practice.

Each permit holder shall submit a report to the Director within 120 days after the close of each calendar or other fiscal year chosen by the permit holder. The report shall: Be on the form that the Director requires; Be accompanied by a fee of One Hundred Dollars ($100.00); and Include the name of the permit holders and each location of the permit holder.

If the Director finds that a permit holder has violated this Division, the Director may refer the matter to: The County Attorney for civil enforcement; or The State's Attorney for criminal prosecution. The County Attorney may sue for, and a court may grant: Injunctive or other equitable relief; Imposition of a civil penalty not exceeding Five Thousand Dollars ($5,000.00); or Both.

A permit holder may not sell or offer to sell to a member of the public a burial lot or burial right in a cemetery and represent to the public in any way, express or implied, that the cemetery or the burial lot or burial right in the cemetery will have perpetual care unless the registered permit holder has provided adequately for that perpetual care.

A person may not establish or operate a public or private cemetery or allow a public or private cemetery to be operated in violation of this Division. Except as otherwise provided in this Division, an individual may not engage in the operation of a cemetery or engage in a burial goods business or attempt to provide burial goods unless the individual is a permit holder. Unless a person is a permit holder, a person may not represent to the public, by use of a title, by description of services, methods, or procedures, or otherwise, that the person is authorized to engage in the operation of a cemetery or provide burial goods. No person may conduct an interment without holding a valid and unexpired permit issued pursuant to this Division. No person may perform a disinterment without the prior written approval of the Director, the Health Officer, and the State's Attorney for Prince George's County. In addition to notification of authorities required pursuant to State law, a person engaged in the operation of a cemetery shall notify the Director promptly of excavation on cemetery property that disinters loose human remains. The Director shall notify appropriate authorities. A person engaged in the operation of a cemetery shall make reasonable efforts to identify the loose human remains and shall reinter or dispose of the loose human remains in a manner consistent with State law and rules adopted by the Director.

A person who violates this Division is guilty of a misdemeanor and on conviction is subject to a fine not exceeding One Thousand Dollars ($1,000.00) or imprisonment not to exceed six (6) months, or both.

There is established a Commission for Veterans. The Commission shall consist of thirteen (13) voting members. Five (5) of the members shall be members of the general public. The Commission shall also include a representative submitted from each of the following organizations: the Veterans of Foreign Wars, the American Legion, the Amvets, the Military Order of the Purple Heart, the Disabled American Veterans, the Vietnam Veterans of America, the Marine Corps League, and the Women's Army Air Corps Association. The representative from each organization listed above shall be a resident of the County and a veteran whose final separation from active service with a uniformed service of the United States was under honorable conditions. The appointment of the members of the Commission shall be by the County Executive, subject to confirmation by the County Council. The County Executive shall designate one (1) public member to serve as Chairman. The terms of office for the members of the Commission shall be staggered terms of three (3) years each. Vacancies shall be filled by appointment for the unexpired terms in the manner the appointments are initially made. The Executive, upon the notification and recommendation of the Chairperson of the Commission, will remove any member who has had more than three (3) unexcused absences in one (1) year to be replaced in the manner prescribed above. The members shall continue in office until their successors are appointed and have qualified. Members shall be eligible for reappointment.

The Commission shall have the following duties and responsibilities: Identify, analyze, and evaluate all programs and services in the State and County related specifically to the needs of veterans, and to promote the development of other services when a need for services is determined; Advise and counsel the residents of the County, the Council, the County Executive, and the various departments of County, State and Federal governments on matters involving the needs of veterans and to recommend such procedures, programs, or legislation as it may deem necessary and proper to promote and insure equal rights and opportunities for all veterans; Research, assemble, analyze, and disseminate pertinent data and educational materials relating to activities and programs which will assist in meeting the needs of veterans; Cooperate and promote with the County Veterans Affairs Service Center the development of an information and referral service for all services and programs for veterans; Institute and conduct educational and other programs, meetings, and conferences to promote equal rights and opportunities for veterans and cooperate with interested citizens, community, business, professional, technical, educational, and civic organizations; Hold such public forums or hearings as are necessary and appropriate to carry out the powers and duties of the Commission; and Commission members, through their coordination, planning and monitoring, shall help ensure that the continuum of services throughout the County remains efficient and effective.

Administrative support for the Commission shall be provided by the Department of Family Services.

The Prince George's County Youth Commission is established to provide the youth of Prince George's County with a vehicle to learn about government, participate in the process, represent and articulate the needs of youth in the County, and advise the County Council on matters pertaining to the youth and teen population, especially as it relates to County programs.

The Commission shall have the following duties and responsibilities: Foster increased youth involvement in the affairs of County government; Study problems and hold forums on issues, activities and concerns of County youth; Comment upon legislation and policies that impact the youth; Present methods to resolve youth-related conflicts between youth, and between youth and adults; Recommend the implementation of community programs to improve the lives of youth; Monitor programs and policies that affect youth to ensure that they are achieving the intended results; Work with other youth organizations in the County to collaborate on shared issues and interests; and Submit to the County Council, and make available to the general public, an annual report of the activities of the Commission.

The Commission shall be composed of up to thirty-seven (37) youth members. Youth members shall be selected on recommendation of the principal of each public and private high school in the County, and two (2) members may be children participating in the County's home school program under the supervision of the Prince George's County Public Schools Department of Curriculum and Instruction. Each member shall be a youth between the ages of fifteen (15) and eighteen (18) who has a sincere interest in, and motivation to work for, the community and have a background of community-based activity. The Commission may also include the student member of the Prince George's County Board of Education as an ex officio member. The term of office for each member shall be two years, with a maximum term of four (4) years for each member. Any vacancy shall be filled for the unexpired term in the manner of the original appointment. The Commission members shall elect annually from their own membership a chairperson and such other officers as it deems necessary. The Commission shall have one or more Advisors to serve as ex officio members of Commission providing guidance and encouraging the Commission to realize their full potential and attain the Commission's objectives as defined in Division 39 of this subtitle.

There shall be an Executive Director of the Commission and the Council Administrator shall assign appropriate technical and administrative support personnel as needed to assist the Commission in its work..

The Commission shall promulgate its own rules and regulations, subject to the approval of the County Council, as may be necessary and appropriate to carry out the responsibilities of the Commission.

The Commission may establish such committees as are deemed necessary and appropriate to assist in its functions and duties. Members of such committees may include nonmembers of the Commission. Committee actions shall not be deemed to be the action of the Commission and shall in no way bind the Commission or its members.

The County finds and declares that summer employment is an important formative activity for youth as they make transitions between middle and high school and into employment or post-secondary education. The County also finds that the summer months provide an ideal time frame during which youth can earn money and experience the world of work, which can be valued not only in terms of the work performed but also in relation to the enhanced self-esteem of participants that comes, in part, from earned income. The County also finds that employment provides an opportunity for young people to gain interpersonal and employability skills, including team building, conflict resolution and problem solving, that are complementary to academic activity and that will serve employers well in the future when they have a pool of job candidates who are experienced with workplace expectations. Therefore, the County declares that a summer youth employment program would have significant benefit for both participants and employers.

The Director of Human Resources Management or other designee of the County Executive (in this Division, the "Program Director") shall establish and implement a program, subject to the annual appropriation and availability of funds, for the summer employment of young persons (in this Division, the "summer youth jobs program") only who are domiciled in Prince George's County ("domicile" in this Division has the meaning prescribed in Section 10A-101)(16.2)), as follows: A summer youth jobs program to provide for the employment each summer of youth domiciled in the County between 15 and 19 years of age on the date of enrollment in the program; Youth shall be compensated at a rate equal to or greater than the Maryland state minimum wage rate; The weekly number of hours of employment under the summer youth jobs program shall be established according to the age of the youth to be employed and the nature and requirements of the job; The Program Director shall provide an orientation and preparation program, lasting at least five (5) consecutive days, for youth in the summer youth jobs program, which shall precede the start of employment and be considered an administrative expense of the program; The Program Director shall implement the summer youth jobs program subject to the appropriation of funds or availability of funds through public-private or public-public partnerships between the county government and any of the following: A private sector business, with valid licenses and permits to operate; A not-for-profit entity with a valid 501(c)(3) status; and Any government or quasi-government entity, including agencies and entities within the Prince George's County government. The Program Director shall place highest priority on finding placement for youth with private sector businesses. Employment opportunities in the summer youth jobs program, pursuant to subsection (a), above, may be provided directly with the eligible entities prescribed in subsection (a)(6), above, on a fully funded, partially or match-funded basis through grants to or by contract with nonprofit or profit-making organizations, associations, institutions or businesses. The Program Director shall not use more than 10% of funds allocated annually for the summer youth jobs program for administrative and vendor costs. Other than administrative and vendor costs, funds spent on the summer youth jobs program pursuant to subsection (a), above, may only be spent on youth wages and benefits or tools and supplies (including uniforms), if needed. It shall be a goal of the Program Director to minimize expenses within the summer youth jobs program not expended on wages and benefits for youth. An employer required by law to pay a minimum wage higher than that specified in this Division shall pay such higher wage to persons employed pursuant to this Division.

Beginning with the 2025 calendar year, any youth employment program, including employment, enrichment, and training programs, funded in-whole or in-part by the Prince George's County Government shall reserve at least fifty percent (50%) of the positions for Underserved Youth subject to the following: Underserved Youth shall have the following meaning for this section: any youth and young adults from households making thirty percent (30%) or less of the Median Family Income (MFI) for the Washington DC Metropolitan Statistical Area (MSA) as published annually by the U.S. Department of Housing and Urban Development (HUD). Household income may be determined based on the household's most recently filed tax returns, provided they were filed for one of the most recent three (3) calendar years. The Director of Human Resources Management or other designee of the County Executive may also establish an alternative method of income verification for those households who have not filed taxes for any of the most recent three (3) calendar years. The Director of Human Resources Management or other designee of the County Executive may establish a time threshold after which positions reserved for underserved youth by this Section may become available to a broader population. Such a time threshold shall not be sooner than twenty-one (21) calendar days after the opening date for application to the respective youth employment program.

The Program Director may adopt regulations to implement this Division, subject to approval by County Council resolution.

In this section, Underserved Youth shall have the meaning prescribed in Section 2-503.01. Year-Round Employment Program for Underserved Youth. Beginning in Fiscal Year 2027, subject to the allocation of funding, the Director of the Office of Human Resources Management or other designee of the County Executive shall implement and administer a youth employment program to provide employment positions solely for underserved youth throughout the calendar year. The program may include, but is not limited to including, the following: Employment within County agencies; Employment in partnership with private sector entities, including but not limited to including, businesses and non-profit organizations; Employment in partnership with government and quasi-government agencies and organizations outside of County government; Enrichment, employment and entrepreneurship training, and any other program elements as determined by the Director of the Office of Human Resources Management or other designee of the County Executive; and Age and other program parameters as determined by the Director of the Office of Human Resources Management or other designee of the County Executive.

There is a Prince George's County Clean Renewable Energy Program ("Program"). As defined under Subtitle 10A, Division 6, Subtitle 16 of the County Code, every appropriation for a County public building or major renovation shall include an additional appropriation of two percent (2%) to the projected total cost funded by the County, as shown in the County's Capital Improvement Program subject to Section 10A-158.05 of the County Code.

In general. The purposes of the Program are to: increase the development and deployment of cost-effective and environmentally sustainable renewable power resources in Prince George's County; benefit publicly owned buildings; and provide for public-private partnerships that result in the development and deployment of clean renewable energy technology projects as defined under Subtitle 10A, Division 6, Subdivision 16 of the County Code.

Administration. The Office of Central Services, unless another entity is designated by resolution of the County Council with concurrence of the County Executive, (herein defined as the "Managing Entity") shall administer the Program according to accepted principles of sound accounting and fiscal management. Operation. The operation of the Program shall be subject to the availability of funding.

Report to the Council and County Executive. The Managing Entity shall provide an annual report to the County Council and County Executive that outlines the following: the added clean renewable energy technology generation by project; the revenues and expenditures of the Program; projects supported by the Program; and the annual savings to the County's utility expenses from the projects.

The Commission on Fathers, Men, and Boys ("Commission") is established to advise the County Executive, the County Council, County agencies, and the public on issues and needs of fathers, men, and boys in Prince George's County.

The Commission shall consist of 13 voting members nominated by the County Executive and subject to the advice and approval of the Council after public hearing. The makeup of the Commission shall reflect the demographics of Prince George's County, including ethnic, geographic, and linguistic diversity, and shall include prominent business and community leaders, also including individuals certified in fatherhood training or having documented experience working directly with issues of particular interest and concern to fathers, men, and boys. Members of the Commission shall be residents domiciled in Prince George's County. The term of office of each of the appointive members shall be for three (3) years. Of the members first appointed, four (4) shall be appointed for terms which will expire in one (1) year; four (4) shall be appointed for terms which will expire in two (2) years; and three (3) for terms which will expire in three (3) years. Whenever a vacancy occurs on the Commission, the County Executive shall, within 90 business days of the vacancy, appoint a successor, subject to approval of the Council in accordance with Subsection (a), above, to fill the unexpired portion of the term. The County Executive shall designate, from among the members appointed, the Chair, who shall serve in that capacity at the pleasure of the County Executive. All members of the Commission shall serve without compensation except that expenses incurred by the Commission as a whole, or by a group of its members, become an obligation against appropriated Prince George's County funds designated for that purpose. The County Executive may remove, subject to approval of the County Council, any voting member of the Commission for neglect of duty, incompetence, misconduct, or malfeasance in office. The Commission shall meet at the call of the Chair as frequently as required to perform its duties, but no less than once each month. A majority of the members of the Commission shall constitute a quorum for the transaction of business. Any action taken by the Commission shall require approval by a majority of the voting members present at a public meeting. The Chair of the County Council shall appoint an ex-officio or non-voting member to serve on the Commission.

The Commission shall: Serve as an advocate for fathers, men, and boys residing in Prince George's County by advising and making recommendations to the County Executive, the Council, and other entities concerning the needs of Prince George's County residents related to or concerning fathers, men, and boys; Research, review, maintain, and disseminate empirical data, statistics, and facts concerning or attributable to fatherhood and family social economic issues; Stimulate and encourage the dialogue of responsible fatherhood and spur community initiatives to combat fatherlessness; Prepare and recommend to the County Executive and the Council an annual plan of programs and services focused on issues directly related to fathers, men, and boys; Work with Prince George's County agencies, the private sector, and local communities to promote a healthier societal impact on fathers, men, and boys; Work in collaboration with the Commission for Women on issues and programs for strengthening the quality of life for women, men, and children in Prince George's County; and Enlist individuals to provide technical and expert advice on specific and particular matters relevant to the functions of the Commission. The Commission shall recommend, adopt, and implement policies, programs, and procedures that will effectively address the social economic concerns of fathers, men, and boys, including: Fatherlessness and responsible fatherhood; Employment and Economic Opportunities; Family law and domestic violence; Hunger, Poverty, and Homelessness; Health and well-being; and Rehabilitation and reintegration. The Commission may recommend that the County Executive, County agencies, the Council or other entities apply for public and private grants relating to fatherhood, children, and family initiatives. The Commission, through the Department of Family Services, may engage the services of volunteer workers and consultants without salary as they may find necessary from time to time and may engage other workers and consultants in accordance with the laws of the County, subject to budget appropriations, to assist it in carrying out its duties. Services of an individual as a volunteer worker or consultant for the Commission shall not be considered as service of employment bringing such individual within any merit system of the County or of this State. The Commission shall submit an annual report to the County Executive and the Council summarizing its activities, needs, recommendations, and the degree to which the goals of the Commission are being met. Administrative support for the Commission shall be provided by the Department of Family Services.

Definitions. In this Section, the following terms have the following meanings: Public body has the meaning set forth in Section 3-101, General Provisions Article, Annotated Code of Maryland. Meet or Meeting has the meaning set forth in Section 3-101, General Provisions Article, Annotated Code of Maryland. Every public body authorized by the Charter or the Code, at the time of giving reasonable notice of a meeting required by Title 3 of the General Provisions Article, Annotated Code of Maryland (hereinafter "Open Meetings Act"), shall also provide such public notice electronically to a central website designated by the Director of Information Technology.

Access shall mean to be informed of, participate in, and benefit from public services, programs, and activities offered by a covered entity at a level equal to English language proficient individuals. Covered entity shall mean any County government agency, department, or program that furnishes information or renders services, programs, or activities directly to the public or contracts with other entities, either directly or indirectly, to conduct services, programs, or activities. Covered entity with major public contact shall mean a covered entity whose primary responsibility consists of meeting, contacting, and dealing with the public. Covered entities with major public contact are: Health Department Department of Social Services Department of Family Services Department of Housing and Community Development Housing Authority Office of Human Resources Management Police Department Department of Corrections Fire Department Office of Central Services Department of Public Works and Transportation Department of Permitting, Inspection and Enforcement Office of Finance Office of Law Office of Community Relations Office of Human Rights Department of the Environment County Council Language Access Compliance Program Coordinator shall mean an employee working for the covered entity or covered entity with major public contact, responsible for developing, implementing, maintaining and overseeing all agency programs and services in compliance with the Language Access for Public Services Act of 2017, including, ensuring the agency provides meaningful access and proper communication about all programs and activities to Limited English Proficient (LEP) and Non-English Proficient (NEP) individuals and prevent language-based discrimination complaints. This position shall be in the agency's Office of the Director and should report to agency Director, or Deputy Director, and the Language Access Compliance Program Director. Language Access Compliance Program Director shall mean the official in the Office of Human Rights who monitors the activities of the County agencies, departments, and programs undertaken to comply with the provisions of this Division in each agency. Language Access Compliance Program Monitor (LACPM) shall mean the Language Access Compliance Program's employee in charge of monitoring covered entities' compliance with the Language Access for Public Services Act of 2017. Some of LACPM's major responsibilities are: (a) conducting language access compliance assessments, (b) providing language access technical assistance and training, (c) investigating language access public complaints, and (d) enforcement. Language Access Compliance Program Analyst (LACPA) shall mean the Language Access Compliance Program's employee in charge of providing administrative support to the Language Access Compliance Program everyday operations. Some of LACPA's major responsibilities are: (a) receiving and providing guidance to language access inquiries from covered entities' LACPCs, (b) collecting language access data quarterly from covered agencies, (c) writing compliance reports and, (d) conducting outreach to LEP/NEP communities. Language Access Primary and Secondary Liaisons shall mean the employees appointed by the Program Manager or Supervisor to fulfill the program's language access duties and responsibilities, and to provide support to the covered agency's Language Access Compliance Program Coordinator. Limited English proficient (LEP) shall mean a person for whom English is not his/her primary language and who has a limited ability to speak, read, write or understand English; Non-English proficient (NEP) refers to a person who cannot speak, read, write or understand English; Oral language services shall mean the provision of oral information necessary to enable limited or non-English proficiency residents to access or participate in programs or services offered by a covered entity. The term "oral language services" may include placement of bilingual staff in public contact positions; the provision of experienced and trained staff interpreters; contracting with telephone interpreter programs; contracting with private interpreter services; and using interpreters made available through community service organizations that are publicly funded for that purpose. Vital documents shall mean applications, notices, complaint forms, legal contracts, and outreach materials published by a covered entity in a tangible format that inform individuals about their rights or eligibility requirements for benefits and participation, as well as health and safety information. The term "vital documents" shall include tax related educational and outreach materials produced by the Office of Finance but shall not include tax forms and instructions. Mass mailings shall mean materials distributed via mail to the entire County. Language Access Rights Banner is a pull up banner that states, in the County's top 10 spoken languages, "You have the right to ask for an interpreter and get help in your language for free. If your request is denied, call the Prince George's County Office of Human Rights (OHR) at 301-883-6170 to file a complaint." Language Identification Desktop Poster is a small poster designed to assist limited or non-English proficiency residents to identify and point out their language of preference as well as providing awareness that interpretation services are available. The poster features the County's top 20 spoken languages.

The provisions of this Division shall apply to all County government agencies that constitute a covered entity as defined by Section 2-513(b) of the County Code and a covered entity with major public contact as defined by Section 2-513(c) of the County Code. Any and all contracting requirements under this Division shall be prospective and shall not impair or extinguish current and existing contracts made by the County.

A covered entity shall designate a Language Access Compliance Program Coordinator to coordinate requests for access to oral language services to a person with limited or non-English proficiency who seeks to access or participate in the services, programs, or activities offered by the covered entity. A covered entity shall, at least annually, determine the type of oral language services needed based upon: The number or proportion of limited or non-English proficient persons of the population served or encountered, or likely to be served or encountered by the covered entity, in the County; The frequency with which limited or non-English proficient individuals come into contact with the covered entity; The importance of the service provided by the covered entity; and The resources available to the covered entity. In making the determination under subsection (b) of this Section of the type of oral language services needed, the covered entity shall consult the following sources of data to determine the languages spoken and the number or proportion of limited or non-English proficient persons of the population that are served or encountered, or likely to be served or encountered, by the covered entity in the County: The United States Census Bureau's most current report entitled "Language Use and English Ability, Linguistic Isolation" (or any other successor report); Any other language-related information; Census data on language ability indicating that individuals speak English "less than very well"; Local census data relating to language use and English language ability; and Other governmental data, including intake data collected by covered entities; data collected by the Prince George's County Public School System; and data collected by and made available by County government offices that conduct outreach to communities with limited-English proficient populations and that serve as a liaison between the County government and limited-English proficient populations. The County shall annually collect data about the languages spoken and the number or proportion of limited or no-English proficient persons speaking a given language in the population that is served or encountered, or likely to be served or encountered, by the covered entity. A covered entity's databases and tracking applications shall contain fields that will capture this information during the fiscal year that this Division takes effect with respect to the covered entity. All information collected under this Section shall be provided to the Language Access Director and made available to the public, upon request, within a reasonable time.

A covered entity shall designate a Language Access Compliance Program Coordinator to coordinate requests for written translations of vital documents and mass mailings into any non-English language spoken by a limited or non-English proficient population that constitutes 5% or 10,000 individuals, whichever is less, of the population served or encountered, or likely to be served or encountered, by the covered entity in the County. In addition, a covered entity shall provide written translations of vital documents into any non-English language when requested. If the provisions of this Division are contractually imposed on a non-covered entity, subsection (a) of this Section shall also apply.

A covered entity with major public contact shall establish a language access plan. Each language access plan shall be established in consultation with the Language Access Compliance Program Director, the entity's Language Access Compliance Program Coordinator, and agency directors that conduct outreach to limited or non-English populations. Each language access plan shall be updated every 2 years and shall set forth, at minimum, the following: The types of oral language services that the entity will provide and how the determination was reached; The titles of translated documents that the entity will provide and how the determination was reached; The number of contact positions in the entity and the number and language type of bilingual employees in public contact positions; An evaluation and assessment of the adequacy of the services to be provided; and A description of the funding and budgetary sources upon which the covered entity intends to rely to implement its language access plan. In establishing and updating the language access plan, the entity shall consult with the sources of data set forth in Section 2-515(c) of the County Code. A covered entity with major public contact shall develop a plan to conduct outreach to communities with limited or non-English proficient populations about their language access plans and about the benefits and services to be offered under this Division. A covered entity shall create and update on an ongoing basis the agency's Language Access Compliance Policy and Standard Operating Procedures based on the Language Access Compliance Program Director's template Languages Access Policy and Standard Operating Procedures and ensure that agency personnel are aware of their language access responsibilities. Covered entities shall display the Language Identification Desktop Poster at every reception and customer service desk. Covered entities shall display the Language Access Rights Banner in all agency public facilities including mobile locations.

The Office of Human Rights shall provide oversight, monitoring, and investigation and enforcement of covered entities in their implementation of the provisions of this Division and report annually to the County Council and County Executive to ensure that the provision of services by covered entities meets acceptable standards of translation or interpretation. There shall be within the Office of Human Rights a Language Access Compliance Program Director and two Language Access Compliance Program Monitors and one Language Access Compliance Program Analyst to monitor activities under this Division. The Language Access Compliance Program Director shall: Review and monitor each covered entity's language access plan for compliance with this Division and Title VI of the Civil Rights Act of 1964, approved July 2, 1964 (78 Stat. 252; 42 U.S.C. §§ 2000d through 2000d-7); Provide guidance and supervision to the Language Access Compliance Program Analyst and Language Access Compliance Program Monitors, who track and investigate public complaints regarding language access violations at covered entities, and where necessary, issue written findings of noncompliance to the covered entities regarding failures to provide language access; provided that this responsibility shall not supersede or preclude the existing individual complaint process and mechanism under the jurisdiction of the Office of Human Rights; Provide policy guidance, training, supervision, and technical support to covered agencies' Language Access Compliance Program Coordinators (LACPCs) to ensure they obtain the necessary knowledge management tools and skills to bring their agencies into compliance with the responsibilities under this Division; Consult with Language Access Compliance Program Coordinators and the heads of government offices that conduct outreach to communities with limited or non-English proficient populations; Serve as the Language Access Compliance Program Director for the Office of Human Rights; and Through the County Executive, by regulation, designate additional covered entities with major public contact. Develop and update Language Access Policy and Language Access Standard Operating Procedures Template for covered agencies.

The Language Access Compliance Program Coordinators shall: coordinate requests for access to oral language services to a person with limited or non-English proficiency who seeks to access or participate in the services, programs, or activities offered by the covered entity and covered entity with major contact in the County; and coordinate requests for written translations of vital documents into any non-English language spoken by a limited or non-English proficient population that constitutes 5% or 10,000 individuals, whichever is less, of the population served or encountered, or likely to be served or encountered, by the covered entity and covered entity with major contact in the County. conduct language access compliance assessments on agency's programs and services to identify issues, writes reports and provides recommendations; develops and implements the agency's language access compliance plan. work under the guidance of the Language Access Compliance Program Director to develop the agency's Language Access Policy and Standard Operating Procedures and ensure that agency personnel are aware of their language access responsibilities. provide policy guidance to the agency's executive team, managers and supervisors. meet the data collection and, quarterly and annual reporting requirements of the Act to the Office of Human Rights, Language Access Compliance Program. develop and conduct in-person Language Access Compliance Trainings to staff and provide technical support. receive and investigate and language access complaints against the agency, and immediately report and work with the agency's Director, and the Language Access Compliance Program Director to resolve them. conduct outreach to limited English proficient communities. work with agency's Director or budget officer to develop and implement an annual budget and procurement strategy for contracting language access service vendors, as well as advising the agency on language access procurement and budgeting related expenses.

The purpose of this Division is to improve community security by ensuring that immigrant and otherwise vulnerable communities can engage with County agencies, including public safety agencies, with assurance that such engagement will not be used to assist in civil immigration enforcement or a federal discriminatory practice. Further, this Division is intended to ensure that the constitutional rights of immigrant County residents are not violated and that County benefits and services are provided to residents regardless of country birth or immigration status.

The following words, as used in this Division, shall for the purpose of this Division, have the meanings respectively ascribed to them in this Section: Administrative warrant means an immigration warrant of arrest, order to detain or release aliens, notice of custody determination, notice to appear, removal order, warrant of removal, or any other document, including those issued by the United States Department of Homeland Security ("DHS") or any other federal immigration official or agency, including an immigration judge, that can form the basis for an individual's arrest or detention for a civil immigration enforcement purpose. Administrative warrant does not include any active criminal warrants issued upon a judicial determination of probable cause and in compliance with the requirements of the Fourth Amendment to the U.S. Constitution and Article 26 of the Maryland Declaration of Rights. Agency means any County department, agency, division, commission, council, committee, board, other body, or person established by Charter, ordinance, executive order, or by the County Council. Agent means any person employed by or acting on behalf of an agency. Citizenship or immigration status means all matters regarding questions of citizenship of the United States or any other country, the authority to reside in or otherwise be present in the United States, the time and manner of a person's entry into the United States, or any other immigration matter enforced by the Department of Homeland Security ("DHS"), its predecessor or successor agency, or any other federal agency charged with the enforcement of civil immigration laws. Contact information means home address, work address, telephone number, electronic mail address, social media contact information, license plate information, or any other means of contacting an individual or through which an individual may be located. Eligible for release from custody means that one of the following conditions has occurred: All criminal charges against the person have been dropped or dismiss; The person has been acquitted of all criminal charges filed against him or her; The person has served all the time required for his or her sentence; The person has posted a bond; or The person is otherwise eligible for release under state or local law, or local policy or regulation. Family member means a person's (i) immediate family, (ii) extended family, (iii) court-appointed legal guardian or a person for whom the person is a court-appointed legal guardian, or (iv) domestic partner or the domestic partner's immediate or extended family. ICE means the United States Immigration and Customs Enforcement Agency and shall include any successor agency charged with the enforcement of civil immigration laws. Immigration detainer means a request by ICE to a federal, state, or local law enforcement agency that requests that the law enforcement agency provide notice of release or maintain custody of an individual based on an alleged violation of a civil immigration law, including detainers issued pursuant to Sections 236 or 287 of the Immigration and Nationality Act or 287.7 or 236.1 of Title 8 of the Code of Federal Regulations. These detainers include but are not limited to DHS Form I-247D "Immigration Detainer — Request for Voluntary Action; DHS I-247X "Request for Voluntary Transfer"; or DHS Form I-247N "Request for Voluntary Notification of Release." Immigration enforcement official means any federal employee engaged in immigration enforcement operations as herein defined, including but not limited to employees of the Department of Homeland Security ("DHS") and the Department of Justice ("DOJ"). Immigration enforcement operation means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person's presence in, entry, or reentry to, or employment in, the United States, including but not limited to efforts to identify or apprehend persons for purposed of subjecting them to immigration detention and/or removal from the United States.

No agent or agency may request information about or otherwise investigate or assist in the investigation of the citizenship or immigration status of any person unless such inquiry or investigation is required by law or court order, or if such inquiry is material to a criminal investigation, provided that such information is not used for civil immigration enforcement purposes. If the citizenship or immigration status of an individual is relevant to protections accorded to them under any state or federal law, or required by any international treaty, an agent or agency may notify the individual of the relevant protection or requirement and provide them an opportunity to voluntarily disclose their status or citizenship.

No agent or agency may coerce, intimidate, or threaten any person based on the person's actual or perceived citizenship or immigration status or the actual or perceived citizenship or immigration status of a member of the person's family.

No agent or agency may condition the provision of County benefits, opportunities, or services on matters related to citizenship or immigration status unless required to do so by state or federal law, or court order. Where presentation of a Maryland driver's license or identification card is accepted as adequate evidence of identity, presentation of a photo identity document issued by the person's country of origin, such as a driver's license, passport, or matricula consular (consulate-issued document), or by a pre-approved non-profit organization shall be accepted and shall not subject the person to a higher level of scrutiny or different treatment than if the person had provided a Maryland driver's license or identification card except that this Subsection shall not apply to the completion of the federally mandated I-9 forms.

Traffic Stops and Police-Civilian Contact. No agent or agency may initiate an investigation or otherwise take law enforcement action solely based on the actual or perceived immigration status of a person, including the initiation of a stop, apprehension, arrest, or any other field of contact. No agent or agency may require persons to prove their citizenship status, country of origin, or information related to their immigration status in the United States. Agents may not request identification for the sole purpose of determining a person's immigration status. No agent or agency may prolong a traffic stop or detain an individual solely for questions related to a person's immigration status. No agent or agency will include immigration status in their routine questioning when persons are being interviewed about potential traffic or criminal offenses, unless such inquiry or investigation is required by law or court order, or if such inquiry is material to a criminal investigation, provided such information is not used for civil immigration enforcement purposes. Arrest. No agent or agency may stop, search, arrest or detain a person based on an Administrative Warrant, an Immigration Detainer, or any other directive by DHS, or a belief that the person is not present legally in the United States or has committed a civil immigration violation. Actions Following an Arrest. If a person is arrested, no agent or agency may: contact any immigration enforcement official, including but not limited to ICE officers, regarding a person that may be the subject of an Administrative Warrant or an Immigration Detainer, unless that person is the subject of an active criminal warrant requiring such action; affect in any way the manner in which a person is processed following an arrest based on an Administrative Warrant or an Immigration Detainer; detain the person based on an Administrative Warrant or Immigration Detainer, or otherwise comply with an Administrative Warrant or Immigration Detainer, after that person becomes eligible for release from custody; or detain the person based solely on the belief that the person is not present legally in the United States, or that the person has committed a civil immigration violation. Coordination with immigration enforcement officials. No agent or agency may coordinate with an immigration enforcement official in furtherance of a civil immigration enforcement operation, including by: permitting immigration enforcement officials access to non-public space within a government facility or any area where County business is being conducted; permitting immigration enforcement officials access to a person being detained by, or in the custody of, the agent or agency; permitting immigration enforcement officials use of agency facilities, information, or equipment for investigative interviews or other investigative purposes; or communicating any information about an individual who is the target of a civil immigration enforcement operation with immigration enforcement officials. notifying immigration enforcement officials that an individual has been or is ready to be released from custody, unless the individual has been convicted of a crime of violence as defined in Section 14-101 of the Criminal Law Article of the Annotated Code of Maryland. Other Agency Actions. No agency may: enter into an inter-governmental services agreement, or other contract or agreement, with the federal government for the purpose of housing individuals subject to detention on civil immigration charges, or for any other purpose related to civil immigration enforcement; or enter into an agreement under 8 U.S.C. Sec. 1357(g) or any other federal law that permits state or local governmental entities to enforce federal civil immigration law.

No agency or department moneys, facilities, property, equipment, or personnel may be used to investigate, enforce, or assist in the investigation or enforcement of any federal program requiring registration of individuals solely on the basis of race, gender, sexual orientation, religion, or national or ethnic origin unless required by federal law.

All applications, questionnaires, interview or other forms used in relation to County benefits, opportunities, or services shall be promptly reviewed by the pertinent agencies and any questions regarding citizenship or immigration status, other than those required by statute, ordinance, federal law or court order, shall be deleted if that information is not necessary for a County function. Any request received by an agency from immigration enforcement officials to detain or notify immigration enforcement officials regarding a person in custody shall be provided or communicated to the subject of such a request with forty-eight (48) hours. Where such request is in writing, the subject of the request shall be provided with a copy of the request. Agencies shall report to the County Council and County Executive every six (6) months the number of requests received from immigration enforcement officials and the manner in which each request was handled and whether any County agent, officer, employee or official violated any Section of this Division. Agencies shall respond to any request for information for matters covered under this Division by the Council or the County Executive within seven (7) days.

No provision in this Division applies if it prohibits a County agency, officer, employee, or official from complying with a federal law or regulation, to include, Sections 1373 and 1644 of Title 8 of the United States Code, state law or regulation, court order, extradition agreement or any other agreement that allows a County agency to accept custody of an individual pursuant to a criminal warrant. Any intentional violation of a Section in this Division by a County public safety agent, officer, employee or official shall be referred to their appointing authority for appropriate discipline.

A violation of any provision in this Division shall result in a mandatory referral to the Prince George's County Office of Ethics and Accountability and the Board of Ethics, pursuant to Section 2-292(i) and 2-296 of Division 17, Subtitle 2, and Section 3-303 of Division 17A, Subtitle 2. The referral shall be made by the head of the affected agency or department or any supervisory official with knowledge of the violation. The Board of Ethics shall review the matter in accordance with the procedures outlined in Sections 2-292 through 2-294 of Division 17, Subtitle 2, for violations of the County Code of Ethics.

To implement, through County law, the mandates, purpose and goals of the Maryland Police Accountability Act of 2021, as passed by the General Assembly and as may be further amended.

In addition to the terms defined in Md. Annotated Code Public Safety Article Section 3-101, the following terms as used in this Division, shall have the following meanings: Board means the Police Accountability Board.

The County Executive shall propose a budget for the Board, Administrative Charging Committee and the Trial Board(s), to the extent the Trial Board is utilized by the law enforcement agency of a County department or office, that shall be included in the Annual Budget and Appropriations Ordinance for consideration and adoption by the County Council. The proposed budget will include staff costs, independent legal counsel and compensation for the Police Accountability Board and the Administrative Charging Committee. Effective July 1, 2023, beginning Fiscal Year 2024, the proposed budget will come from the general fund and will be equal to at least one percent (1%) of the Police Department's general fund budget to include staff costs, independent legal counsel, and compensation for the Board and the Administrative Charging Committee.

There is a Police Accountability Board ("Board"). The Board's membership, duties and responsibilities are set forth in this Subdivision.

Establish the membership of the Board; and Establish the budget, including staffing costs, of the Board; and Appoint a Chair of the Board who has relevant experience to the position; and Establish the procedures for record keeping by the Board.

The Board shall consist of eleven (11) members. Five (5) members shall be nominated by the County Executive, subject to confirmation by the Council; and Five (5) members shall be nominated by the County Council. The County Executive shall nominate, for approval by the Council, the Chair of the Board who has relevant experience to the position such as working with a criminal justice agency and/or community service organization. A Board member may be removed from office for cause by the affirmative vote of not less than two-thirds of the members of the full Council. Prior to nomination, there must be a public engagement process established for all prospective nominees, which shall be proposed by the County Executive and approved by Council resolution. To the extent practicable, the members of the Board shall reflect the racial, ethnic, gender, gender-identity, sexual orientation, cultural and geographic diversity of the County and should be required to include members with a range of professional or lived experiences. Board members shall be at least 21 years of age and residents of Prince George's County. An individual may not be a member of the Board if they are: An active police or law enforcement officer; Employee of the Prince George's County government; Employee of the Office of the Sheriff of Prince George's County; Employee of a municipality located within Prince George's County Employee of Maryland State government; An elected official or candidate for political office within County government, State government or municipality within Prince George's County; or A former police officer on the "do not call" list of the State's Attorney. No more than one former police or law enforcement officer, as defined in Md. Public Safety Code Ann. §3-201, can serve on the Board. Appointments to the Board shall be for four (4) year terms except that the terms of the initial Board members shall be staggered. In the event that a Board member does not complete a term, the vacancy shall be filled in the same manner as set forth in subparagraph (a) of this Section. No member shall be appointed for more than two (2) consecutive full terms. Independent counsel shall be provided to the Board pursuant to budgetary appropriations ordinance. Candidates for membership will demonstrate honesty, integrity and credibility. Candidates for the Board membership shall not be excluded from consideration or disqualified on the basis of their immigration status, as long as the applicant can prove identity and work authorization in accordance with federal law, or criminal history, except that any person who has been convicted of or received a probation before judgment (PBJ) disposition for any crime under federal or state law, but has not yet successfully completed their sentence for the conviction or PBJ (including any period of probation or parole imposed or any order for the payment of restitution) shall be ineligible for appointment.

The Board shall: Hold quarterly meetings with the heads of law enforcement agencies and otherwise work with law enforcement agencies within the jurisdiction of Prince George's County, and the Prince George's County government, to improve matters of policing; Appoint civilian members to charging committees and trial boards in accordance with State law; Receive complaints of police misconduct filed by members of the public that include: the name of the police officer accused of misconduct, a description of the facts on which the complaint is based and contact information of the complainant or a person filing on behalf of the complainant for investigative follow-up. A complaint need not be notarized; Forward complaints of police misconduct to the appropriate law enforcement agency within three (3) business days after receipt by the Board; On a quarterly basis review disciplinary outcomes of disciplinary matters resulting from both internal and external complaints. The Board shall be entitled to: All evidence considered by the law enforcement agency and the Administrative Charging Committee, upon completion of an investigation. A law enforcement agency and the Administrative Charging Committee must respond to a request for additional information within 10 business days; Issue subpoenas, interview witnesses and employ any other investigative powers necessary to complete their obligation to review outcomes of disciplinary matters as considered by the Administrative Charging Committee; and Review body worn camera matters resulting from both internal and external complaints. Seek community feedback on policing and provide information about policing matters to the community. On or before December 31 each year, submit a report to the County Executive and County Council that: Identifies any trends in the disciplinary process of police officers in Prince George's County; and Make recommendations on changes to policy that would improve police accountability in Prince George's County. The Board shall meet at least quarterly or more frequently as determined by the Board to carry out its duties. Develop rules of procedure not inconsistent with State or County law. The Board may attend law enforcement agency trainings, including use of force trainings and attend relevant local, regional and national trainings subject to County's approval and payment process. Recordkeeping. The staff assigned to the Board shall maintain its records and shall establish a record retention schedule in accordance with State law. The Board shall abide by the provisions of the Maryland Public Information Act.

There is an Administrative Charging Committee ("ACC"). The ACC'S membership, duties and responsibilities are set forth in this Subdivision.

The Administrative Charging Committee shall: Consist of five (5) members to include: The Chair of the Board or another member of the Board as designated by the Chair; Two civilian members who are not members of the Board, nominated by the County Executive and confirmed by the County Council; and Two additional civilians who are not members of the Board but are appointed by the Board. Appointments to the ACC shall be for three (3) year terms except that the terms of the initial ACC members shall be staggered. In the event that an ACC member does not complete a term, the vacancy shall be filled in the same manner as set forth in subparagraph (a) of this Section. No member shall be appointed for more than two (2) consecutive full terms. Prior to serving, all members of the ACC must complete the training required by the Maryland Police Training and Standards Commission. Members must also complete other training as may be required to include law enforcement agency trainings and relevant local, regional and national trainings subject to County's approval and payment process. Independent counsel shall be assigned to the ACC in accordance with budgetary appropriations. To the extent practicable, the members of the Committee shall reflect the racial, ethnic, gender, gender-identity, sexual orientation, cultural and geographic diversity of the County and should be required, to the extent practicable include members with a range of professional or lived experiences. Candidates for the ACC membership shall not be excluded from consideration or disqualified on the basis of their immigration status, as long as applicant can prove identity and work authorization in accordance with federal law, or criminal history, except that any person who has been convicted of or received a probation before judgment (PBJ) disposition for any crime under federal or state law, but has not yet successfully completed their sentence for the conviction or PBJ (including any period of probation or parole imposed or any order for the payment of restitution) shall be ineligible for appointment.

The ACC shall: Review the findings of a law enforcement agency's investigation of external complaints, including complaints involving allegations of misconduct that occur on or off-duty and were not initiated by the involved citizen; and Determine if the police officer who is subject to investigation shall be: administratively charged; or not administratively charged. If the police officer is administratively charged, shall recommend discipline in accordance with the law enforcement agency's disciplinary matrix established in accordance with Md. Annotated Code Public Safety Section 3-105; If the police officer is not administratively charged, make a determination that: the allegations against the police officer are unfounded; the allegations against the police officer are not sustained; or the police officer is exonerated. Review any body camera footage that may be relevant to the matters covered in the complaint of misconduct; Authorize a police officer called to appear before an administrative charging committee to be accompanied by a representative; Issue a written opinion that describes in detail its findings, determinations, and recommendations; and forward the written opinion to the chief of the law enforcement agency, the police officer, and the complainant; Record, in writing, any failure of supervision that caused or contributed to a police officer's misconduct; Review and make a determination or ask for further review within 30 days after completion of the of the investigating unit's review; Maintain confidentiality relating to matters being considered by ACC until final disposition of the matter; Develop rules of procedure not inconsistent with State or County law; and Meet once per month or as needed.

The ACC may request information or action from the law enforcement agency that conducted the investigation, including requiring additional investigation and the issuance of subpoenas.

In addition to the requirements set forth in Maryland Annotated Code Public Safety Article Title 3, Subtitle 1: Each law enforcement agency with the jurisdiction of Prince George's County shall establish a trial board process in accordance with this Subdivision. A small law enforcement agency may use the trial board process of another law enforcement agency by mutual agreement.

A trial board for each law enforcement agency shall: Consist of three (3) members to include: An actively serving or retired administrative law judge or a retired judge of the District Court or a circuit court appointed by the County Executive pursuant to the process described below in subparagraph (b) of this section; A civilian appointed by the Board, who is not a member of the ACC or the Board; and A police officer of equal rank to the police officer accused of misconduct appointed by the chief of the law enforcement agency for which the accused police officer was employed at the time of the alleged misconduct pursuant to the process described below in subparagraph "C" of this section. A representative selected by the head of the law enforcement agency and the accused officer shall meet prior to the scheduling of the trial board to select the officer of equal rank and up to four (4) alternate officers of equal rank by using an Excel spreadsheet with a randomization function or the agencies current computer randomized selection process. The accused officer may strike one (1) officer of equal rank for just cause, to be determined by the representative selected by the head of the law enforcement agency, who may also strike an officer of equal rank for just cause. The officer of equal rank chosen by this method shall serve as the pick of the head of the law enforcement agency for the trial board of the accused officer. The alternate officers are to be used, in order of pick, as the replacement pick of the head of the law enforcement agency in the event that the officer of equal rank or any of the previous alternates are unable to serve on the trial board due to documented injury, illness, work schedule conflict, or other valid reason that is determined to be excusable by the head of the law enforcement agency. Panel of Judges. The County Executive shall establish a roster of ten (10) judges who shall be an actively serving or retired administrative law judge, or a retired judge of the District Court or a circuit court. The County Executive Office will maintain the list of the judges and assign in numerical order as the request is received by the law enforcement agency for an upcoming trial board matter. If both the law enforcement agency and the police officer(s) alleged to have committed misconduct in the applicable trial board agree to pass over the next available name on the panel list, then the County Executive Office will provide the next available name on the list. The ability to pass over the next name on the panel list, at the agreement of the law enforcement agency and the accused officer(s), is allowed only once. The County Executive shall use reasonable efforts to consistently maintain a panel of ten (10) judges. Notwithstanding, a law enforcement agency is still required to choose from the available panel of judges even if the number of panel members falls below ten (10). Prior to serving on a Trial Board, all Trial Board members must complete the required training by the Maryland Police Training and Standards Commission. Trial Board members must also complete other training that may be required.

Trial Boards shall comply with the provisions set forth in Md. Annotated Code Public Safety Article, Section 3-106.

Each law enforcement agency and/or chief of the law enforcement agency shall comply with all applicable mandates of Md. Annotated Code Public Safety Article, Title 3, Subtitle 1 and Section 3-524 and Section 3-527 of the Public Safety Article.

This section is known as the "Open Data Act."

In this section, the following words and phrases have the following meanings indicated: "Agency" means any department or office of the County Government. "Data" means the final version of digital information regularly created or maintained by or on behalf of and owned by the County that records a file, measurement, transaction, or final decision related to the mission of an agency. "Data" does not include any information provided to an agency by another government entity, information that may not be made available for privacy or security reasons, or data otherwise protected by law. "Measurement" means to quantify any characteristic of an observable event, occurrence, or object by comparison to a reference standard. "Open data plan" means a plan developed by the County Executive or their designee to implement this title. "Public Data Set" means data identified as eligible for publication by the Open Data Plan. "Public Data Set" does not include any portion of a data set that is not subject to disclosure under any federal or state law or any data that is subject to copyright or trademark protections. "Web portal" means a specifically designed website platform that brings information from diverse sources and serves as the single point of access for the information.

The County Executive or their Designee shall develop and submit to the County Council for approval, an open data plan within one year of the effective date of this bill. The open data plan shall: Include a summary description of the public data under the control of each agency data owner; Assign and prioritize the order in which public data sets should be published by the data owners on the web portal based on whether the public data set: Can be used to increase agency accountability and responsiveness; Improves public knowledge of the agency and its operations; Furthers the mission of the agency; Creates economic opportunity; or Responds to a need or demand identified through public input; Create a timeline for the inclusion of public data sets on the web portal; Address when and how an agency may change or terminate collection of data or remove the public data set from the web portal; Designate an employee in each agency as a contact for public data set management and otherwise address appropriate staffing to manage the public data sets published on the web portal; Prescribe the frequency of updates for public data sets on the web portal; Be subject to County Council approval by resolution.

The County shall make public data sets available, and update those already available on the web portal within one year of the effective date of this bill. A public data set shall be made available for download A public data set shall be published in a format that permits automated processing. Does not require a software license or the use of specialized software, and uses appropriate technology to notify the public of updates. Once published, a public data set shall be updated as often as is required by the open data plan, to maintain the correctness of the data, or circumstances or events that require a change. A published public data set shall be made available without any registration or license requirement or restriction on use. The County shall require third-party providers who deliver and host applications and data on behalf of the County, to meet the definition of public data sets and otherwise contracted requirements in securing and management of the data as prescribed. In this subsection, "registration or license requirement or restriction" does not include any measure required to: Protect the web portal from unlawful abuse or an attempt to damage or impair use of the portal; or Analyze the type of data being used to improve service delivery. A published public data set must be accessible to external and internal search capabilities. This title does not prohibit an agency from: Disclosing information not otherwise defined as data; or Making voluntarily disclosed information accessible through the web portal.

The county shall conspicuously publish the open data policy required by this Act, on the web portal. The County shall implement a mechanism to solicit public feedback and encourage public discussion on open data policies and public data set availability on the web portal. An agency shall decide if inclusion of a public data set requested through the public input mechanism of the web portal should be included on the web portal.

A public data set made available on the web portal is provided for informational purposes only. The county makes no express or implied warranty as to the completeness, accuracy, content, merchantability, or fitness for any particular purpose or use of any public data set made available on the web portal. The County is not liable for any deficiency in the completeness, accuracy, content, or fitness for any particular purpose or use of any public data set, or application utilizing the data set, provided by any third party. This title and the open data plan do not create a private right of action for enforcement. Failure to comply with this title or the open data plan shall not result in liability of the County.

Within one year after the effective date of this bill, the County shall prepare and publish a technical standards manual for the publication of public data sets on the web portal to make public data available to the greatest number of users and for the greatest number of applications. The manual: Shall use open standards for web publishing and government, whenever practicable; Shall identify the reason why each technical standard was selected and to which types of data it applies; May recommend or require that certain data be published under more than one technical standard; and Shall include a plan to adopt or utilize a web application programming interface standard that permits application programs to request and receive public data sets directly from the web portal. The County shall update the manual as necessary.

No later than July 1, 2024, and every July 1 thereafter, the County Executive or their designee shall submit to the County Council, and post on the web portal, a report on progress under the open data plan until all public data sets required to be published have been made available through the web portal. The report shall include: The actions taken to make public data sets available on the web portal since the previous report. Any action that will be taken before the next report; Whether the list of public data sets in the open data plan should be updated; Whether the prioritization of public data sets in the open data plan should be changed; and Whether the timeline outlined in the open data plan for the inclusion of a public data set on the web portal should be changed.

The legislative branch may provide its public data sets to the County Executive or their designee to be included in the open data plan. The legislative branch may post all of its public data sets included in the open data plan on the same County web portal established by the County Executive.

The Prince George's County Animal Welfare Advisory Committee is hereby created to promote and enhance the welfare of animals and serve as a link between the animal welfare community and local government.

The Committee shall have the power and duty to: Advise the County Executive and County Council on issues and recommendations for animal rescue; animal fostering; humane and ecologically sound control of the animal population; animal bite prevention; education on zoonotic disease transmission; and education of the public on safely coexisting with wildlife. Advise the County Executive and County Council on best practices for animal shelters. Identify successful best practices from animal shelters in other jurisdictions. Review current practices for recruiting and training volunteers for the County animal shelter and make recommendations for improvements. Advise the County Executive and County Council regarding the effect of animal welfare operations on potential laws, policies, rules and regulations aimed at improving the treatment and care of animals. Serve as a facilitator of communication and understanding between the animal welfare community, the County government, and the community at large. Advise the County government on the implementation of state and local initiatives pertaining to, but not limited to, sheltering, keeping, adoption, fostering, rescue, volunteerism, partnership, nonprofits, and charitable giving. Promote public awareness and education regarding responsible pet ownership and animal welfare issues. Collaborate with local organizations and stakeholders to enhance animal welfare programs. Report annually to the County Executive and County Council on the status of animal welfare in the County.

The Committee shall be composed of eleven members nominated by the County Executive and confirmed by the County Council. The eleven members shall represent each of the following: One member serving as a volunteer from the Prince George's County Animal Services Facility and Adoption Center; One member being a licensed veterinarian with pet and wildlife experience; One member of the SPCA/Humane Society of Prince George's County; One member experienced in animal fostering; One member representing an organization providing services for community cats; One member of an animal rescue organization working within the County; One member with experience in animal care and behavior, outreach, training, to provide guidance in recruiting, training and retaining of shelter volunteers; One member experienced in animal or pet behavior; One public member who lives or works in the County; One member of a Community Advocacy Group; and One member who is an expert in breeding. The term of office for each member shall be three years; however, the terms of the initial appointments shall be staggered with five members appointed to three-year terms, three members appointed to two-year terms, and three members appointed to one-year terms. After an appointment to fill a vacancy before a term expires, the successor serves the rest of the unexpired term. The Committee members must elect annually a Chair and Vice Chair from among its voting members. Staff support shall be provided by the County Council.

The committee shall meet in public session on call of the Chair. Appropriate notice must be given to the community per the State of Maryland's Open Meetings Act and county public meeting guidelines. The Committee must meet as often as necessary to perform and exercise its duties, but not less than 6 prescheduled times each year. The public meetings may be held virtually or in person. The Chair will conduct these meetings in an atmosphere or collaboration with the committee members and the public.

The Committee shall advise the County Executive and County Council on issues of interest to the animal welfare populace, both on the Committee's own initiative and upon the request of either branch of County government. Further, by July 1 each year, the Committee must submit to the County Executive and the County Council an annual report on its functions, activities, accomplishments, plans and objectives. The report should also include any recommendations or requests it deems appropriate to further the public purpose of the Committee.

This Article is known as "The Community Safe Spaces Act."

The purpose of this Act is to: uphold the County's values of equity, inclusiveness, dignity, and justice for all; maintain community trust by separating County services from federal immigration enforcement; and limit the use of County property for federal immigration enforcement purposes to enhance public trust, ensure equitable access to public facilities, and preserve County resources for local governmental purposes.

For the purposes of this Act, the following definitions shall apply: County facility means a building controlled by the County that provides services to the public. County-owned or County-controlled property means real property owned, leased, or otherwise under the control or management authority of the County, including parking lots, garages, and vacant lots. Department means any executive branch County department, agency, division, or other body, or person established by authority of an order, executive order, or County Council order. Immigration and Customs Enforcement (ICE) means the federal enforcement agency responsible for enforcing civil immigration law, which may also include any entity or personnel authorized to enforce civil immigration law. Operations base means an area that is used to plan, coordinate, and execute civil immigration enforcement operations. Processing location means an area that is used for activities such as the identification, intake, processing of documentation, detention, arrest, or temporary holding of individuals for the purpose of carrying out civil immigration enforcement operations. Staging area means an area used to assemble, mobilize, deploy vehicles, equipment, materials, or personnel for carrying out civil immigration enforcement operations.

A County employee or contractor shall not grant an ICE officer access or assist an officer in entering any portion of a County facility that is not accessible to the general public, unless: there are exigent circumstances; or the officer presents a valid warrant issued by a federal court. Nothing in this Section authorizes a County employee or contractor to interfere with, restrict, or impede an immigration officer when access has been denied or consent to entry has been withheld.

Any County-owned or County-controlled parking lot, garage, or vacant lot must not be used for ICE enforcement activities, including surveillance, staging, processing, detention, or vehicle storage, unless required by law or authorized by a valid judicial warrant. Any area or space identified under subsection (d) is not available to the general public for similar activities; in addition, federal, state, or local government entities or personnel will not receive special or enhanced access to County property for civil immigration enforcement operations. This section does not apply to: any temporary access necessary to address an immediate threat to public safety; or publicly available areas open to the general public, where the County lacks legal authority to restrict entry. The County Executive shall identify all County-owned or controlled parking lots, vacant lots, or garages that either have been used or are likely to be used in the future as a staging area, processing location, or operations base for civil immigration enforcement. The County Executive shall ensure that all such County properties identified under subsection (d) have clear signage stating: "This property is owned or controlled by Prince George's County. It may not be used for civil immigration enforcement as a: Staging Area, Processing Location, or Operations Base." Signage. Where applicable, the County Executive shall identify areas that are open to the general public and post signage at the entrance that states: "You do not have consent to enter for civil immigration enforcement purposes without authorization from a designated official." Reporting unauthorized use. A County employee who becomes aware of the unauthorized use of County-owned or County-controlled property shall immediately report the violation to the employee's department director. A reported violation shall include as much information as possible, including time, location, and a description of what was observed. Failure to report unauthorized use of property may result in disciplinary action.

Guidance by the County Executive. The County Executive, in consultation with the Office of Law, shall create and publish immigration enforcement guidance for County staff and contractors. Signage for private use. The County Executive shall develop a signage template for business owners and leaseholders to use and make it available on the County's website. The owner or lessee may choose to use the signage template to identify and lawfully restrict non-public areas in which they would prohibit activities related to civil immigration enforcement. Executive regulations. The County Executive may establish regulations and standards as necessary to accomplish the purposes and intent of this Act. The regulations must be at least as stringent and consistent as the provisions of this Act.

No provision in this Article may be interpreted as preventing a law enforcement agent from sending or receiving information from any local, state, or Federal agency regarding the citizenship or immigration status of an individual in accordance with applicable State, federal or constitutional law.

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As used in and for the purposes of this Subtitle, the following words and phrases shall have the meanings assigned to them herein: Abandon shall mean to desert an animal without having secured another owner or custodian for the animal or by failing to provide the elements of proper care as defined herein. Administrator of Animal Control or Administrator shall mean that person designated by the Director of the Department of the Environment to administer the operations of the Animal Control Program or his designee. Adoption shall mean the transfer of ownership of an animal from a releasing agency to an individual for placement. "Aggravated Animal Cruelty or Neglect" is any act by an owner, custodian, or other person who tortures, torments, mutilates, cruelly beats, or kills an animal under circumstances demonstrating malice aforethought; or fails to provide proper care to an animal and the failure results in the death of the animal. Agricultural animal shall mean all livestock and poultry. Animal shall mean every nonhuman species of animal, both domesticated and wild, including, but not limited to, dogs, cats, ferrets, livestock, and fowl. Animal at large shall mean an animal not under restraint, not leashed, and off the premises of its owner as set forth in Section 3-135 of this Subtitle. Service animals under appropriate control of their handler per ADA guidelines and dogs in service of law enforcement shall be exempt. Animal Control Program shall mean that unit within the Department of the Environment designated by the Director to administer and enforce the provisions of this Subtitle under the direction of the Administrator of Animal Control. Animal Control Officer shall mean any person designated as such by the Administrator or the authorized designee for the purpose of investigating reports of cruelty and neglect of animals and enforcing such laws as authorized by this Subtitle. Animal exposed to rabies shall mean any animal that is known or is suspected to have had bite or nonbite contact with another animal that is known or suspected to be infected with rabies. The determination whether an animal has been exposed to rabies shall be made by the Health Officer for Prince George's County and the Maryland Department of Health and Mental Hygiene. Animal Holding Center shall mean any commercial center for the care, boarding, training, holding, harboring, or housing of any animal or animals; and shall also include the following: A kennel, as defined in Section 3-101(50); A pet shop or pet store as defined in Section 3-101(60); A cattery as defined in Section 3-101(24); A petting zoo as defined in Section 3-101(61); A riding school or stable as defined in Section 3-101(82); A commercial pet distribution center as defined in Section 3-166(b); A grooming establishment as defined in Section 3-101(46); A guard dog center as described in Section 3-161; or Any one or more of the above or a combination thereof. Animal hospital shall mean any establishment maintained or operated by a licensed veterinarian for the immunization, hospitalization, surgery, or diagnosis, prevention, and treatment of diseases and injuries of animals. Animal Services and Adoption Center shall mean any center operated by or under contract with Prince George's County, Maryland, for the care, confinement, detention, euthanasia or other disposition of animals pursuant to the provisions of this Subtitle. Animal shelter shall mean a center which is used to house or contain animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, government operated animal control or services center, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals. Animal under restraint shall mean an animal secured by a leash or lead and under the control of a responsible person or within the boundaries of its owner's real property. Appointing authority shall mean the Director of the Department of the Environment. Attack animal shall mean an animal trained, ordered, signaled, or otherwise allowed to attack. Anti-climbers shall mean a device consisting of angled metal braces and heavy gauge wire, which wire is stretched between each angled metal brace, all of which is attached to the top of a fence. The wire shall have at least three strands, separated evenly, the furthest being no less than eighteen (18) inches from the top of the fence. It shall extend inwards at an angle not less than forty-five (45) degrees nor more than ninety (90) degrees measured from perpendicular. Anti-diggers shall mean a device or material installed in the ground to a level of nine (9) inches below grade continuously. Bite contact shall mean penetration of the skin by the teeth of an animal. Cage/crate shall mean any enclosure of limited space, enclosed on the bottom, top, and all sides by a wall or otherwise, in which animals or other creatures are placed for any purpose, including confinement or display, which complies with the requirements for proper space as defined herein. Carcass shall mean any dead animal in whole or in part, i.e. bones or viscera. Cat shall mean domesticated feline species commonly kept as a pet, male or female. Cattery shall mean an establishment wherein a person engages in the business of boarding, breeding, buying, grooming, or selling cats. Collar shall mean a well-fitted humane device, appropriate to the age and size of the animal, attached to the animal's neck in such a way so as to prevent trauma or injury to the animal. Commercial establishment shall mean any trade or business the primary function of which is the sale of any goods or service. Commission shall mean the Commission for Animal Control established in Division 3 of this Subtitle. Commission Administrator shall mean that person designated by the Director of the Department of the Environment (DoE) to administer the operations of the Commission for Animal Control (CAC) or the administrator's designee. Companion animal shall mean any domestic or feral dog, domestic or feral cat, ferret, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal which is bought, sold, traded, or bartered by any person. Agricultural animals, farm animals, game species, wild or game species native to Maryland, or any animal regulated under federal law as research animals shall not be considered companion animals. Confinement for animal quarantine for human bite and nonbite contact shall mean an animal confined to a house, garage, or escape-proof enclosure or building. An animal kept in a fenced yard is not considered properly confined. Cruelty shall mean any act of commission or omission whereby excessive psychological, emotional, physical harm, pain, suffering, or death is caused or permitted including providing for adequate shelter when the effective outdoor wind chill index is 32 degrees Fahrenheit or lower, or the heat index is 90 degrees Fahrenheit or higher, as determined by the National Weather Service. In the case of an activity in which physical pain is necessarily caused, such as food processing, hunting, experimentation, or pest elimination, cruelty shall mean the failure to employ the most reasonable humane method available under the circumstances. Custodian shall mean the same as owner as defined in Section 3-101(57). Dangerous animal. Any animal that without provocation: kills or inflicts injury on a human on private or public property; kills a domesticated and/or farm animal; or has been previously found to be potentially dangerous because of injury inflicted on a human or an animal, the owner having received notice of such and the animal again aggressively bites, attacks, or endangers public safety; or poses a physical threat to humans because of specific training or demonstrated behavior, or because the animal's bite is poisonous; or has been declared dangerous or potentially dangerous elsewhere is defined to be a dangerous animal for the purpose of this Subtitle. Director shall mean the Director of the Department of the Environment or the Director's authorized representative. Disposition shall mean the adoption or placement as a pet in an approved home, humane administration of euthanasia, or, in the case of a wild animal, release into a suitable habitat. Dog shall mean any member of the domesticated canine species, commonly kept as a pet, male or female. Domesticated animal means an animal of a species that has been bred, raised, and is accustomed to live in or about the habitation of man, and is dependent on man for food, water and/or shelter. Ear Tipped Cat shall mean a cat that has had a straight line cutting ¼ inch off of the tip of the left ear while the cat is anesthetized. A cat who has been ear tipped indicates that it has been neutered and vaccinated. Euthanasia shall mean the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during such loss of consciousness. Exotic animal shall mean any animal of a species that is not indigenous to the State of Maryland and is not a domesticated animal, is not commonly kept as a pet, and shall include any hybrid animal which is part exotic animal. Farm Animal shall mean any domesticated species of animal commonly kept in proximity to, but not ordinarily housed in the immediate domicile or household of, humans, and used for agricultural or riding purposes. Farm animals shall include, but not be limited to, horses, cattle, domesticated fowl, sheep, and swine. Dogs and cats are not farm animals. Feral shall mean a domesticated animal commonly kept and/or cared for as a pet existing in an unsocialized state. Foster shall mean the temporary holding, care, and treatment of a companion animal by an authorized group or individual pending adoption to a permanent home, or the temporary custody of an animal not normally placed for adoption authorized by the Administrator of the Animal Services and Adoption Center. Foster home, group, or organization shall mean a group, organization, or individual recognized by the County to be capable of holding animals on a temporary basis. Fowl shall mean any and all birds, domesticated and wild, which are used for food. Free-roaming cat shall mean a cat that may be cared for by one or more residents of the immediate area; a free-roaming cat may or may not be feral. A free-roaming cat is not an owned animal and a person who feeds or shelters a free-roaming cat is not an owner. A free-roaming cat is not an animal at large. Grooming establishment shall mean any commercial establishment, mobile or stationary, self service or service oriented, which provides a service of grooming and cleaning animals. Guard dog shall mean a dog that is maintained at a commercial establishment for the purpose of securing that area. A person's pet on the property of the commercial establishment may be considered a guard dog. Humane society shall mean any chartered, nonprofit organization incorporated under the law and organized for the purpose of preventing cruelty or neglect to animals and promoting humane care and treatment of animals. Keeping or harboring shall mean the act of, or the permitting by an owner or occupant of real property, either by feeding or sheltering any animal in or about the habitation of man, on public or private premises. Kennel shall mean an establishment or a private individual engaged in the breeding of dogs or cats, or the boarding, providing day care services for a fee, buying, grooming, letting for hire, training for a fee, or selling of dogs or cats. An animal hospital maintained by a licensed veterinarian as part of the practice of veterinary medicine for the treatment of animals shall not be considered a commercial kennel, except to the extent that it engages in the boarding of well dogs or cats. The ownership of dogs or cats which are part of a household or are maintained adjoining a private residence and are kept for hunting, practice tracking, or for exhibiting in dog or cat shows or field or obedience trials, and the sale of no more than one (1) litter per year shall not constitute the operation of a kennel. Obedience training of dogs or cats wherein the dogs or cats are not housed, boarded, or kept overnight shall not be considered a kennel if the operation is limited to the hours of 8:00 A.M. to 12:00 Midnight. The term "kennel" shall also include a center maintained solely for the keeping of foxhounds used for fox chasing. "Less serious cruelty or neglect" is any act of cruelty or neglect, which has no permanent effect on the animal. Livestock shall include all domestic or domesticated bovine animals, equine animals, ovine animals, porcine animals, cervidae animals, capradae animals, animals of the genus Lama, ratites, and enclosed domesticated rabbits or hares raised for human food or fiber. Companion animals are not livestock. Neglect shall mean failure to provide proper care to an animal. Nonbite contact shall mean an injury caused by the teeth of an animal that does not penetrate the skin, a scratch or contamination of an abrasion, open wound, or mucous membrane with saliva or other potentially infectious material. Obedience training shall mean the concurrent training of a dog and its owner to prepare the dog as a companion to humankind and to prepare the dog's master for responsible control of the dog. Owned animal shall mean an animal for which an owner has been identified; or that is surrendered to Prince George's County by a person proving ownership; or one that is impounded by proper authority and held at the Animal Services and Adoption Center pending disposition of its case; or, one for which there are indications that the animal has an owner. Such indicators include an animal license tag, tattoo, microchip implant, ear tag, normally acceptable livestock identification, or other condition that would lead a person to reasonably believe that the animal has a current owner and may be lost. Owner shall mean any person who: Has a right of property in an animal; Keeps or harbors an animal; Has an animal in his or her care; Acts as a temporary or permanent custodian of an animal; Exercises control over a particular animal on a regular basis; or The parent(s) or guardian(s) of a minor shall be deemed to be the owner of an animal owned or in the possession and control of the minor child for purposes of this Subtitle and shall be liable for all damages cause by the animal. Permit shall mean, when used as a verb, human conduct in relation to an owned animal which is intentional, deliberate, careless, inadvertent, or negligent. Pet shall mean a domesticated animal kept for pleasure rather than utility. Pets include, but are not limited to, dogs, cats, birds, fish, reptiles, and other animals, which, by habit or training, live in association with man. Pet shop shall mean an establishment where companion animals are bought, sold, exchanged, or offered for sale or exchange to the general public. Petting zoo shall mean any commercial establishment, activity, or center a substantial purpose of which is to permit persons to come into physical contact with animals maintained within or upon such establishment, activity, or center. Pit Bull Terrier shall mean any and all of the following dogs: Staffordshire Bull Terrier breed of dogs; American Staffordshire Terrier breed of dogs; American Pit Bull Terrier breed of dogs; Dogs which have the appearance of being predominantly of the breed of dogs known as Staffordshire Bull Terrier, American Staffordshire Terrier, or American Pit Bull Terrier. Predominantly shall mean that the dog exhibits the physical characteristics of a Pit Bull Terrier more than any other breed of dog; Dogs which have been registered at any time as a Pit Bull Terrier. Potentially dangerous animal shall mean any animal that: when unprovoked inflicts a bite, scratch, or injury on a domestic animal; or demonstrates the potential to inflict bites or injury on humans or an animal, whether on public or private property, by chasing or approaching a person in a menacing fashion or apparent attitude of attack; or any animal with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of humans or animals; or is at large and has been impounded two (2) or more times within any twelve (12) month period; or that is not under restraint, or was declared by another jurisdiction as dangerous, potentially dangerous, or like term. The term "potentially dangerous animal" shall not include dogs used by law enforcement officials when the dog is being used for legitimate law enforcement purposes. Poultry shall mean all fowl and game birds raised in captivity used for human consumption or other products. Proper air shall mean the provision of air that is properly ventilated, fresh, healthful and free flowing and provided to an animal in his/her environment; and that is free of the smell or stench of the contamination of urine, feces, rotting garbage, and/or filth. Proper care shall mean humane treatment and responsible attention given to an animal, as appropriate for the age, species, condition, weight, size, and type of animal, in providing proper food, water, shelter, protection from the weather, exercise space, air, light, grooming, transportation, training, handling, confinement, and timely veterinary care and treatment, including euthanasia when necessary. Humane treatment shall include consideration and care for the psychological and emotional well-being of animals. Proper cleaning shall mean that debris, food waste, urine and excrement are removed from the primary enclosure with sufficient frequency to minimize or eliminate the animal's contact with the above-mentioned contaminants, except for carcasses which are subject to immediate removal; the primary enclosure is sanitized with sufficient frequency to minimize or eliminate odors and the hazards of disease; and the primary enclosure is cleaned so as to prevent the animals confined therein from being directly or indirectly sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants. Proper exercise shall mean the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, weight, size, type and condition of the animal. Proper food shall mean access to, and the provision of, food which is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, weight, size, type and condition of each animal; is provided in a clean and sanitary manner; is placed so as to minimize or eliminate contamination by urine, excrement and pests; and is provided at suitable intervals for the age, species, weight, size, type and condition of each animal, but at least once daily, except as prescribed by a licensed veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species. Proper grooming shall mean the humane care and maintenance of an animal's skin, fur, hair, scales, or feathers by bathing, drying, brushing, trimming hair and nails; removing dirt, debris and parasites from the animal's body; removing hair from and cleaning ear canals; expressing anal glands and any other such care and maintenance as necessary for the comfort and well-being of the species of animal. Proper light shall mean the provision of the illumination by natural and/or artificial light for a duration appropriate for the species, except as directed by hibernation, veterinarian advice or professionally accepted practices for the safety and well-being of the animal. Animals shall be protected from excessive illumination of either natural and/or artificial light that is not appropriate for the species. Properly lighted shall mean sufficient illumination to permit routine inspections, maintenance, cleaning, housekeeping of the animal center, and observation of the animal; to provide regular diurnal lighting cycles of either natural and/or artificial light, uniformly diffused throughout the animal center; and to promote the well-being of the animals. Proper shelter and protection from the weather shall mean the provision of, and access to, shelter that is suitable for the species, age, condition, weight, size, and type of each animal; provides proper space for each animal; is safe and protects each animal from injury, physical suffering, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, as appropriate for the species; and for dogs, cats, and ferrets, provides a solid surface, resting platform, pad, floor mat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this definition, a shelter whose wire, grid, or slat floors permit the animal's feet to pass through the openings, sag under the animal's weight, or otherwise do not protect the animal's feet or toes from injury is not a proper shelter. For animals confined outside, the foregoing shall not constitute the provision of adequate outdoor shelter when it is conducted (a) between the hours of 10 p.m. and 6 a.m., unless the animal is actively engaged in conduct that is directly related to agricultural activity or farm animal activity on property whose zoning classification, if any, permits such agricultural activity; or (b) when no pet owner is on the property; or (c) when the effective outdoor wind chill index is 32 degrees Fahrenheit or lower, or the heat index is 90 degrees Fahrenheit or higher as determined by the National Weather Service; or (d) during a heat advisory issued by a local or State authority; or (e) during the effective period for a severe weather warning issued for the area by the National Weather Service, including a hurricane warning, tropical storm warning, or tornado warning. Proper space shall mean sufficient space to allow each animal to: Easily stand, sit, lie, turn around, and make all other normal body movements in a comfortable, normal position for the animal; and, Interact safely with other animals based on the needs of the species. Proper transportation shall mean to carry an animal from one place to another, usually, but not limited to, a vehicle in such a manner that protects the animal's health and safety; prevents the animal from sliding around, jumping out, being thrown out of or falling from the vehicle; protects the animal from road debris and exposure to the sun and heat, wind, rain, and such other elements of weather, including extreme cold. Proper veterinary care shall mean the care and treatment of disease, illness, and/or injury provided by a licensed veterinarian which is obtained in a timely manner to prevent unnecessary pain and suffering of an animal, and vaccinations for the prevention of disease and illness. Proper water shall mean the provision of, and access to, clean, fresh, potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and normally at all times. However, when special circumstances dictate, water must be provided at suitable intervals, but at least once every twelve hours, to maintain normal hydration for the age, species, condition, size, weight and type of each animal, except as prescribed by a licensed veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles which are accessible to each animal and are placed so as to minimize or eliminate contamination of the water by urine, excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices. Provocation shall mean the threat was sustained by a person who at the time was committing a crime of offense upon the owner or custodian of the dog or was committing a willful trespass or other tort upon the premises or property occupied by the owner of the animal; or the threatening person was abusing, assaulting, or physically threatening the dog or its offspring; or the injured, threatened or killed companion animal was attacking or threatening to attack the dog or its offspring; or the dog was responding to pain or injury or was protecting itself, its owner, custodian, or a member of its household, kennel, or offspring. Public nuisance animal shall mean any animal which unreasonably (1) annoys humans, (2) endangers the life or health of other animals or persons, or (3) gives offense to human senses; or which substantially interferes with the rights of the citizens, other than its owner, to enjoyment of life or property. The term "public nuisance animal" shall mean and include, but is not limited to, any animal which: Is repeatedly found at large; or Damages the property of anyone other than its owner; or Molests or intimidates pedestrians or passersby; or Chases vehicles; or Excessively makes disturbing noises (including, but not limited to, continued and repeated howling, barking, whining, or other utterances) causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; or Causes fouling of the air by odor and causing thereby unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; or Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; or By virtue of the number or types of animals maintained, is offensive or dangerous to the public health, safety, or welfare; or Attacks other domestic animals; or Has been found by the Commission for Animal Control, after notice to its owner and a hearing, to be a public nuisance animal by virtue of being a menace to the public health, welfare, or safety. Public nuisance condition shall mean an unsanitary, dangerous, or offensive condition occurring on any premises or animal holding center caused by the size, number, or types of animals maintained, kept, or harbored, or due to the inadequacy of the facilities, or by reason of the manner or method of holding, confining, restraining, boarding, or training animals. A public nuisance condition shall be deemed to exist on any premises or animal holding center in which any animal is maintained, kept, or harbored under conditions which constitute cruelty to such animals, or where a public nuisance animal is maintained, kept or harbored. Rescue/breed rescue organization community adoption partners shall mean a group or individual, recognized by the County as capable of meeting standards for fostering animals, authorized to receive and place animals from the Animal Services and Adoption Center which would otherwise be euthanized or which require special attention. Research center shall mean any place, laboratory, or institution licensed by the U.S. Department of Agriculture at which scientific tests, experiments, or investigations involving the use of living animals are carried out, conducted, or attempted. Riding school or stable shall mean any place at which horses are boarded or displayed; or which has horses available for hire or riding instruction or pony rides; or which regularly buys, sells, trains, or trades horses, ponies, donkeys, mules, or burros, including any thoroughbred racetrack, trotting track, or rodeo. Sanitary shall mean an environment free of, including but not limited to, contamination, urine, feces, trash, debris, vermin, carcasses, parasites, and hazardous materials. This shall include hazardous surface and subsurface conditions, i.e., mud, standing water, or any material that may endanger the health and/or safety of an animal. "Serious cruelty or neglect" is as any act by an owner, custodian or other person which causes physical trauma, impairment of condition, and/or unnecessary pain and suffering and the cruelty or neglect results in physical injury to, and/or creates a substantial risk of death, or causes the death of an animal. Service animal shall mean any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Severe Injury shall mean any physical injury from single or multiple bite(s) resulting in broken bones, serious disfigurement, serious impairment of health, serious impairment of a bodily function, or requiring multiple sutures or cosmetic surgery. Usually, a severe bite would correlate to a level four (4) or more on the Ian Dunbar scale. Stray shall mean any animal found roaming, running, or self-hunting off the property of its owner or custodian and not under its owner's or custodian's immediate control. This includes an animal apprehended by an Animal Control Officer and/or surrendered to the County by a person who attests to, or willingly signs, a document stating that the animal is stray or that its owner is unknown. Strict isolation shall mean the owner of an animal under an order for strict isolation assures that: The animal is confined in a double-door, escape-proof enclosure; The animal is not removed from the enclosure at any time during the isolation period; Human contact with the animal is restricted to one (1) adult caring for the animal or if no contact is allowed, care will be provided as ordered; and (D) The enclosure is constructed in a manner to ensure that contact with other animals is not possible. Trap-Neuter-Return shall mean the nonlethal process of humanely trapping, sterilizing, vaccinating for rabies, ear-tipping and returning a free-roaming cat to its original location. Vaccination shall mean an antirabies vaccination using a vaccine type approved by the Maryland State Department of Health and Mental Hygiene or the Maryland Public Health Veterinarian. Veterinarian shall mean a person currently licensed to practice veterinary medicine in the State of Maryland. Wild animal means any animal not commonly kept as a pet that generally is found living in a natural habitat and that is not tamed, domesticated or socialized in any manner. This shall include any hybrid animal which is part wild animal such as a mix of a dog/wolf breed.

The County Executive is authorized to establish an Animal Control Program. The appointing authority shall designate a person to perform the duties of Administrator of Animal Control. The County Executive is authorized to establish an Animal Services Facility and Adoption Center. The Administrator shall operate the Animal Services and Adoption Center for the detention, confinement, and disposition of animals in accordance with this Subtitle. The Administrator of Animal Control shall enforce the provisions of this Subtitle including, but not limited to, programs for animal control, animal licensing, vaccination, spaying and neutering, public education, cruelty prevention, euthanasia, and other duties and programs prescribed in this Subtitle.

The Administrator of Animal Control shall have operational responsibility for carrying out the duties prescribed in this Subtitle and for enforcing the provisions of this Subtitle. The Administrator shall be the Chief Animal Control Officer and Supervisor of the Animal Services and Adoption Center.

The Director, subject to the provisions of the Personnel Law and Labor Code, may appoint such numbers of persons as are authorized in the approved current expense budget to fill positions as he shall deem necessary. Animal Control Officers are authorized and empowered as follows: To enforce the Animal Control provisions of the Subtitle by impounding animals found at large, or animals injured, or found to be diseased, and by issuing notices of violations to the owners of such animals; (1.1) To enforce licensing and rabies inoculation requirements under the County Code; To enforce the cruelty and neglect prevention provisions of this Subtitle by removing and impounding mistreated animals and by issuing notices of violations to the person or persons inflicting cruelty and neglect upon animals; To administer emergency assistance or first aid to injured animals which come into the custody of the County, without the consent of the owner or owners of such animals. For this purpose, neither the individual Animal Control Officer administering such emergency assistance or first aid, or Prince George's County, Maryland, or any of its employees or agents shall be liable for acts committed or omitted in the course of rendering such emergency assistance or first aid; To conduct public education on proper and humane care, adoption, spaying and neutering, and vaccination programs as directed by the Administrator; To conduct inspections of animal holding facilities as directed by the Administrator; and To enforce programs as directed by the Administrator.

The Director shall promulgate comprehensive regulations prescribing standards for the operation of the Animal Services and Adoption Center, including, but not limited to, the housing, feeding, care, veterinary treatment, adoption, and humane destruction of animals in the center. In general, the operations of the Animal Services and Adoption Center, including the administration of euthanasia, shall be open to members of the general public. The Administrator may, however, restrict access to the Animal Services and Adoption Center by a person or persons when, in the judgment of the Administrator, the presence of such person or persons may adversely affect the safety or welfare of any person or may disrupt the efficient operation of the center. The Administrator, to the extent provided for in the approved current expense budget, shall provide for necessary and appropriate veterinary care of injured or sick animals in the custody of the County. Such veterinary care may be rendered without first obtaining the consent of the owner of the animal receiving such care. Veterinary care shall be rendered by a doctor of veterinary medicine licensed to practice in the State of Maryland except that members of the staff of the Animal Control program, including employees of contractors authorized by the Administrator to do so, may administer medication and veterinary nursing care as prescribed by a veterinarian; provided, however, that nothing in this Subsection shall be construed to affect or diminish the immunity granted by Section 3-104(b)(3). Any veterinarian, or program staff member, or contractors' employee who renders veterinary care, veterinary nursing care, or prescribes or administers medication as authorized by the Administrator shall not be liable, and Prince George's County, Maryland, and its employees and agents shall not be liable, for acts committed or omitted in rendering such care or in administering such medication. The Administrator, in accordance with the provisions of this Subtitle, may dispose of animals in custody by euthanasia. The regulations to be promulgated by the Director shall provide for the humane destruction of animals in custody. The regulations shall provide standards for the training of personnel for administering euthanasia, acceptable methods of euthanasia, and appropriate disposition of carcasses. The County Executive or his designee is authorized to make contracts for the disposition of animal carcasses upon such terms as, in the judgment of the County Executive, are most advantageous to the County. The Administrator shall not cause or knowingly permit any live animal in custody to be sold or given up for any experimental purposes. Companion animals shall not be sold or given up for commercial or experimental purposes.

The Director, from time to time and after consultation with the Director of Management and Budget and the Director of Finance, shall establish schedules or tariffs of charges for the housing, feeding, care, and veterinary treatment of animals which come into the custody of the Administrator. Such schedules and tariffs may be published or posted in a conspicuous place at the Animal Services and Adoption Center. Where the Administrator has ascertained the identity of the owner or custodian of an animal, the Administrator shall, as a precondition of the release of the animal, require the payment in advance by the owner or custodian of all charges for the care, feeding, housing, and veterinary treatment of the animal accrued through the date of redemption, and shall, as a further precondition of the release of the animal, also collect from the owner or custodian the unpaid license fees and fines provided for in this Subtitle. Where a security bond has been posted, the owner or custodian shall be entitled to a refund from Treasury for the amount remaining after charges for the care, feeding, housing, unpaid license fees and fines and veterinary treatment have been satisfied. Where the Administrator has ascertained the identity of the owner or custodian of an animal, and has duly notified said owner or custodian of the animal's impoundment, and said owner or custodian fails to redeem the animal from the custody of the County, the fees and fines as prescribed by this Subtitle shall be due and payable within 10 days of the animal becoming the property of the County. The Director, from time to time and after consultation with the Director of Management and Budget and the Director of Finance, shall establish charges for the adoption of animals which come into the custody of the Administrator. The Administrator shall also require the person adopting the animal to pay any license fees prescribed by this Subtitle and to prepay any spay or neutering fee. A person claiming a proprietary interest in any animal confined pursuant to Sections 3-122, 3-123, 3-131 through 3-138, 3-140, 3-141, 3-175, 3-176, 3-180, or Division 7 of this Subtitle may prevent disposition of the animal after the required holding period, pending a Commission for Animal Control hearing, by posting a bond, cash or corporate surety, with the Administrator prior to the expiration of the required holding period in an amount sufficient to secure payment for all reasonable expenses incurred in caring and providing for the animal, including estimated medical care, for at least thirty (30) days; provided, however, that such bond, cash or corporate surety, shall not prevent the Administrator from disposing of such animal at the end of the thirty (30) day period covered by the bond, cash or corporate surety, unless the person claiming an interest posts an additional bond, cash or corporate surety, with the Administrator to secure payment of reasonable expenses for an additional thirty (30) days, and does so prior to the expiration of the first 30-day period. Additional thirty (30) day extensions may be granted provided additional bond, cash or corporate surety, is posted prior to the extension of the previous posting. The amount of the bond shall be determined by the Administrator based on the current rate for board and on the condition of the animal after examination of the animal by a licensed veterinarian. At the conclusion of the case, the bond shall be forfeited to the County, except that the person claiming interest shall be entitled to a refund of the amount remaining after settlement of any reasonable expenses, fees, including veterinary fees, and fines. A person seeking judicial review of an order or action of the Commission for Animal Control, pursuant to Title 7 of the Maryland Rules, shall post a bond, cash or corporate surety sufficient to cover charges incurred to date for the care, feeding, housing and veterinary fees, or Five Hundred Dollars ($500.00), whichever is greater. In the event said charges listed in Subsection (e)(2), above, exceed the amount posted with the court, the person claiming an interest in the animal shall be required to pay the additional fees.

The Maryland-National Capital Park and Planning Commission (M-NCPPC) and the Department of the Environment (DOE) shall create a study on the effects of wildlife displacement by the development of new land and reach out to the Maryland Department of Natural Resources (DNR) for any input on the study. The contents of the study are listed below: The types of wildlife that are displaced during the development of land; Identify any endangered animals that may be displaced during the development of land; The costs associated with the removal of the wildlife from the land; A estimated amount of costs that wildlife negatively impacts on the land which was developed, and developed lands within a reasonable amount distance; A estimated amount of costs that wildlife negatively impacts on the land which was developed, and developed lands within a reasonable distance; Identify and categorize areas based on the amount of wildlife present in those areas; and A formula that establishes reasonable fees that are proportioned and directly applicable to any reasonable wildlife costs incurred by any of the enumerated study requirements or what M-NCPPC and the Department of the Environment deems necessary to protect, control, and limit wildlife within the County. The M-NCPPC and the Department of the Environment shall provide the study within six (6) months of enactment. From time to time, the M-NCPPC, the Department of the Environment, and the Animal Control Administrator shall reevaluate the study and make recommendations to the County Council. The Wildlife Action Plan. The M-NCPPC, the Department of the Environment, and the Animal Control Administrator shall jointly create a comprehensive plan to address the wildlife displacement issues within the county. The plan shall include the following goals: Limiting wildlife displaced animals from encroaching and interfering with citizens' property; Controlling wildlife animal displacement where lands are developed in a manner that ensures minimal wildlife interference with citizens and their property; Protecting the displaced wildlife in a way that ensures they are kept safe for future generations to witness and enjoy; Increasing the role of animal control in limiting, controlling, and protecting the wildlife within the County; Animal Control's increased availability for wildlife calls from County residents; What the M-NCPPC, DOE, and the Animal Control Administrator deem necessary in limiting, controlling, and protecting the wildlife within the County; and From time to time, the Director of the Environment and the Animal Control Administrator shall reevaluate and update the Wildlife Action Plan as needed.

There is created as an integral part of the government of the County a Commission for Animal Control, consisting of the Health Officer (or his/her representative), the Chief of Police (or his/her representative), a licensed veterinarian or his/her representative practicing in Prince George's County, and six (6) citizen members, which may include a representative of a local humane organization, a kennel owner, and a representative of the pet industry. All citizen members shall be appointed for terms of two (2) years each. The terms of office for members of the Commission shall be staggered terms as follows: Initially three (3) members appointed for two (2) years and three (3) members appointed for one (1) year. Subsequent appointments shall be made for two (2) years, allowing for the continuation of staggered terms. All appointments to the Commission for Animal Control shall be made by the County Executive, subject to confirmation by the Council. All appointments shall be made in accordance with the Charter. All members of said Commission shall continue to serve, without regard to the expiration date of their appointment term, until such time as their successors have been duly appointed and confirmed. Citizen Commission members may serve consecutive terms of office.

The Commission shall elect from its members a Chairman and a Vice Chairman. The Chairman and Vice Chairman may be citizen members elected annually by the total voting membership of the Commission. The Chairman and Vice Chairman may be elected to serve for consecutive terms of office. The County Executive is authorized, to the extent provided in the approved current expense budget, to provide for the Commission such office space, supplies, equipment, and support personnel as may be required.

The Commission may meet at the call of the Chairman to do the following: Recommend to the County Executive and to the Director rules and regulations concerning the following: The operation of the Animal Services and Adoption Center; Standards for the collection, care, custody and disposal of animals at large, and public nuisance animals; and Standards for the maintenance of holding facilities, pet shops, petting zoos, and other matters related to the treatment and maintenance of animals in Prince George's County. Prepare and present the Commission budget in accordance with County budget procedures. Review and make recommendations on the budget of the Animal Control Program. Review and make recommendations on the standards and operation of the Animal Services and Adoption Center. Upon a written complaint, petition, appeal, or request from a person receiving a violation notice, after a determination of probable cause by an Animal Control Officer that a violation of this subtitle has occurred, conduct a public hearing after due notice to determine whether violations of the provisions of this Subtitle have occurred, whether a public nuisance animal or condition exists, and/or whether a person subject to an order of the Commission has complied with that order. Upon determination after notice and hearing that violations of this Subtitle have occurred and that a public nuisance animal or condition exists, and/or if a person subject to an order of the Commission has not complied with the order, require the payment of civil penalties and the taking of other affirmative action as prescribed in this Subtitle. After notice and hearing on violations of this Subtitle, require the remission of assessed penalties as appropriate. Recommend to the County Executive changes in the law regarding the control of animals in Prince George's County. To issue process, in forms approved by the County Executive, to compel the attendance of witnesses and the production of documents at hearings of the Commission, which process shall be enforceable by the Circuit Court, upon application by the Office of Law on behalf of the Commission.

The Commission may conduct public hearings when: A written complaint that a person has violated or permitted his animal to violate the provisions of this Subtitle is filed with the Commission; or A written complaint that a person has failed to comply with an outstanding order of the Commission is filed with the Commission. The Commission shall conduct a public hearing when a person who has been served with a citation or violation notice charging him with a violation of the provisions of this Subtitle requests a hearing before the Commission in writing. The Commission may convene a panel of three members to hear and issue a proposed or final decision on a complaint, petition or appeal as provided in this subtitle. The Director may delegate to a hearing officer the authority to hear and issue a proposed or final decision on a complaint, petition or appeal as provided in this subtitle. The Commission shall give notice in writing by regular mail to the complainant, the person charged or the appellant of a violation notice or citation, of the time and place of a public hearing. The Commission shall also send notice by personal delivery, or by certified mail, return receipt requested, to the person charged. If the notice sent by regular mail is not returned or if the personal delivery or certified mail receipt indicates that the person charged is at the address given, it shall be presumed that the person has received notice of the hearing. At the public hearing, the proceeding shall be conducted in an informal manner. The strict rules of evidence shall not apply. The Commission may hear any evidence which is relevant and probative of the matters set forth in the complaint, but shall not be required to hear irrelevant or merely cumulative evidence. The Commission may require the attendance of the charging officer or the complainant and the person charged with the violation, citation or noncompliance with a Commission order. The Commission is authorized and empowered to issue its process or summonses, upon forms approved by the County Executive, compelling the attendance of witnesses to testify and to produce documents at hearings of the Commission. The Commission shall make service of a summons by personal delivery or by registered or certified mail. Upon the failure of a person summoned to appear, the Office of Law may apply to the Circuit Court for an order compelling compliance with the summons. Failure to comply with the Court's order shall constitute contempt and shall be punishable in accordance with the Maryland Rules of Procedure. At the close of all the evidence, the Commission shall deliberate and shall issue written findings of fact, conclusions, and an appropriate order. If the Commission finds that a violation did not occur, it shall dismiss the complaint or citation. If the Commission finds that a violation has occurred, or that an animal is a public nuisance animal, or that a public nuisance condition exists, it may impose civil penalties pursuant to Section 3-116. In lieu of or in addition to imposing civil penalties, it may require appropriate affirmative action, including but not limited to: The mandatory restriction or confinement of the animal under such conditions as the Commission may direct in its discretion; The mandatory destruction or other disposition of the animal as the Commission may direct in its discretion; The correction of conditions or methods of animal care, keeping, maintenance, housing, or veterinary treatment as the Commission may direct in its discretion to include spaying and neutering; A recommendation to the Director that licenses issued under this Subtitle be suspended or revoked; A restriction of animal ownership for a period up to five (5) years from the date of determination subject to the right to petition the Board for a waiver based on good cause shown; A recommendation to the State's Attorney for criminal prosecution of violations of this Subtitle or of other laws. The Administrator may request the Commission to convene immediately for the purpose of investigating situations of acute emergency. In such case, good faith efforts shall be made to serve notice of the expedited hearings upon the person charged. The Commission may make such findings and orders as are appropriate to deal with the emergency situation. Such orders shall have effect for periods not to exceed fifteen (15) business days, and the Commission shall schedule and hold a hearing in the ordinary course to consider further action. For the purposes of this Subsection, two voting members of the Commission shall constitute a quorum sufficient to act on behalf of the Commission.

Any party, including Prince George's County, Maryland, aggrieved by a final order of the Commission in a contested case, whether such decision is affirmative or negative in form, is entitled to appeal that order to the Circuit Court for Prince George's County, within fifteen (15) business days of the date of the order. Such appeal shall be governed by the provisions of the Maryland Rules pertaining to administrative appeals. The decision of the Circuit Court in all appeals from decisions of the Commission shall be final.

Each member of the Commission shall be compensated in accordance with the provisions of Subtitle 2, Division 24, of this Code.

The Administrator shall enforce the provisions of this Subtitle with respect to animal control, prevention of cruelty to animals, and minimum standards for animal holding facilities of all types. The Administrator shall conduct the following programs: A program of regular patrols and response to citizen complaints for the purpose of taking into custody, issuing violation notices and citations or resolving problems found to be in violation of this Subtitle; A program of regular inspection of all animal holding facilities required to be licensed under the provisions of this Subtitle; and A program for the investigation of complaints of cruelty or neglect to animals, and the enforcement of the cruelty and neglect prevention provisions of this Subtitle and of State law.

It shall be the duty of the Administrator to keep accurate and detailed records of all licenses issued; impoundments, care, feeding, and veterinary treatment rendered; disposition of animals; enforcement actions; and other activities relating to animals and animal control undertaken for a period of three (3) years after each such activity. The Director shall promulgate regulations prescribing the records to be kept by the Administrator and the manner and method of their maintenance.

Whenever in this Subtitle any act or condition is prohibited or is made or declared to be unlawful or an offense, or whenever in this Subtitle the doing of any act or the maintenance of any condition is required or the failure to do any act or the maintenance of any condition is declared to be unlawful, the violation of any such provision of this Subtitle may be evidenced and notice thereof may be given by an Animal Control Officer or a police officer by the issuance of a notice of violation or citation, on a form to be designated and approved by the County Executive. A police officer or Animal Control Officer witnessing a violation shall be authorized to issue such notice of violation or citation. The notice of violation or citation shall contain and specify: The violation with which such person is charged, with reference to the applicable Section of this Subtitle; The addresses of the offices of the Commission and of the Administrator; and A notice that the person charged may apply to the Commission for a hearing to consider the charges or may pay the civil penalty assessed; A place in which a person may endorse the notice by signing his name and stating his address, indicating his receipt thereof and willingness to appear before the Commission if the violation or citation is contested. The notice of violation or citation may be issued to both residents and nonresidents when found within the County's geographical boundaries. The person serving notice shall make proof of his service to the Commission promptly and, in any event, within the time during which the person served must request a hearing before the Commission. Failure to make proof of service to the Commission, however, shall not affect the validity of the violation notice or citation. The person served with a violation notice or citation may, in lieu of requesting a hearing before the Commission, pay to Prince George's County, Maryland, through the Administrator, the amount of the civil penalty stated upon the face of the violation notice or citation, which amount shall be as set forth in Section 3-116, below. Notwithstanding the provisions of Subsection (e), above, the Commission, in its discretion, may review any violation notice or citation filed, and treat the same as any written complaint of a violation of this Subtitle. If the Commission determines that there is reason to believe that action other than or in addition to a civil penalty is required, it may give notice of a hearing to investigate the matter and require the attendance of the person charged to appear before the Commission at the hearing. Any person failing to comply with an order issued by the Animal Control Commission shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00) and/or imprisonment not to exceed ninety (90) days.

No person shall willfully hinder, prevent, or obstruct the investigation of any animal related violation of any provision in this Subtitle. No person shall falsify a statement to an investigating officer.

Any person found to have violated any provision of this Subtitle shall be subject to the following civil penalties: For violation of Sections 3-133, 3-134, 3-135, 3-138, 3-139, 3-144, 3-145, 3-148, and 3-184, the fines shall be Fifty Dollars ($50.00) for the first violation, One Hundred Dollars ($100.00) for the second offense, and Two Hundred Fifty Dollars ($250.00) for each subsequent violation. For violation of Sections 3-125, 3-132, 3-148.03, 3-149, 3-158, 3-159, 3-160 through 3-174, 3-177, 3-183, 3-186, 3-188, and 3-190, the civil penalty for each violation shall be One Hundred Dollars ($100.00) for the first violation, Five Hundred Dollars ($500.00) for the second violation, and One Thousand Dollars ($1,000.00) for each subsequent violation. For violation of Sections 3-175, 3-176, 3-189, 3-191, 3-195, and 3-196, the civil penalty for the first violation shall be One Hundred Dollars ($100.00), One Thousand Dollars ($1,000.00) for the second offense, and Two Thousand Five Hundred Dollars ($2,500.00) for each subsequent violation. For violation of Sections 3-131, 3-141, 3-142, and 3-180, the civil penalty shall be Five Hundred Dollars ($500.00) for the first violation, One Thousand Dollars ($1,000.00) for the second violation, and Two Thousand Five Hundred Dollars ($2,500.00) for each subsequent violation. For violation of any other Section of this Subtitle not separately specified in this Section, the civil penalty shall be Twenty-five Dollars ($25.00) for the first violation, Fifty Dollars ($50.00) for the second violation occurring within a twenty-four (24) month period, and One Hundred Dollars ($100.00) for each subsequent violation occurring within a twenty-four (24) month period. For violation of Sections 3-136 and 3-137, the civil penalty shall be Five Hundred Dollars ($500.00) for the first violation, One Thousand Five Hundred Dollars ($1,500.00) for the second violation, and Three Thousand ($3,000.00) for each subsequent violation.

Any person found to have violated any provision of Section 3-185.01 shall be fined up to $1,000.00 or may be sentenced to not more than six (6) months of imprisonment. A Pit Bull that causes injury to or kills a human being or a domestic animal without provocation shall be humanely destroyed, and the owner of such dog shall be fined up to $1,000.00 or may be sentenced to not more than six (6) months of imprisonment. For violation of Section 3-115(g), the criminal penalty shall be up to One Thousand Dollars ($1,000.00) and/or imprisonment for up to ninety (90) days. For violation of Section 3-135, the criminal penalty shall be up to Five Hundred Dollars ($500.00) and/or imprisonment for up to ninety (90) days. For violation of Section 3-131, 3-180(a), 3-180(b)(4) or Section 3-180(c), the criminal penalty shall be One Thousand Dollars ($1,000.00) and/or imprisonment for up to six (6) months. For any violation of Section 3-136, upon conviction, the criminal penalty shall be $500.00 nor more than $1,000.00, and/or imprisonment for up to 180 days.

A person receiving an Animal Control violation notice or citation must select one of the following: To pay the fine provided for in the citation to the Administrator within ten (10) days of receipt of the violation notice or citation; or Within ten (10) days of receipt of the citation, submit a written request for a hearing and for dismissal of the citation by the Commission; and to pay the fine should the Commission fail to dismiss the citation. The failure of the person charged to note a timely appeal to the Commission or to pay the amount of the civil penalty within the time for appeal shall constitute an admission of liability for the amount of the civil penalty.

Each police officer or Animal Control Officer who issues a violation notice or citation to an alleged violator shall: Promptly file the original copy with the Administrator; and Appear for the hearing of such citation should it proceed to hearing.

Upon receiving the original copy of a violation notice or citation issued to a person alleged to have violated this Subtitle, the Administrator shall: Promptly give notice of receipt of the violation notice or citation to the Commission; and Maintain a record of the violation notice or citation; and Notify the Commission of payment of the fine if the fine is received within the period for appeal to the Commission; and Notify the Commission of an election to appeal to the Commission. Upon receipt of notification of an appeal, the Commission shall schedule and give notice of a hearing.

All civil penalties assessed by police officers or Animal Control Officers, or imposed by the Commission pursuant to this Subtitle, shall be due and payable immediately, unless the person charged shall note a timely appeal to the Commission or a court of proper jurisdiction. In the event that any penalty ordered to be paid by the Commission or forfeited by failure to appeal or to attend a hearing is not paid within thirty (30) days of the violation notice or the Commission's order, whichever is later, the Commission shall refer the matter to the Office of Law. The Office of Law shall institute appropriate civil proceedings to recover the amount of the penalty. All penalties recovered pursuant to this Subtitle in a civil proceeding brought by the Office of Law shall be paid to, and become the property of, Prince George's County, Maryland.

In addition to or in lieu of impounding an animal found at large, an Animal Control Officer or police officer or other duly appointed law enforcement officer may issue to a known owner of such animal a notice of violation as provided for in Section 3-115 herein.

Animals found at large with a license tag, rabies tag, tattoo, microchip, or other indications of ownership shall, except as otherwise provided in this Subtitle, be impounded and taken to the Animal Services and Adoption Center and there confined in a humane manner for a period of not less than five (5) business days, unless sooner claimed and redeemed by its owner. Animals found at large without a license tag or other indications of ownership shall be impounded as above. However, such stray animals will be confined in a humane manner for a period of not less than three (3) business days. In the event an impounded animal shows signs of disease, injury, or severe behavioral maladjustment, the Administrator has discretion to send the animal to be euthanized rather than holding it for three (3) business days, providing he has checked the records to see if the animal has been reported missing, the animal appears to be unlicensed, and, in the case of disease or injury, he has consulted with a veterinarian. The behavioral maladjustment must be of such a nature as to pose a threat to the animal's welfare while confined at the Animal Services and Adoption Center or pose an unreasonable threat to the safety of personnel caring for the animal. Domesticated animals may be impounded when found at large or abandoned, and disposed of in accordance with procedures established pursuant to regulations promulgated by the Director. An ear tipped cat shall be handled according to this subsection, and for ear tipped cats, this subsection shall supersede subsections (c) and (d) of this Section, and Sections 3-132, 3-135, and 3-140 of this Subtitle. An Animal Control Officer who has trapped or responds to a trapped ear tipped cat in the field, shall immediately release the ear tipped cat at the location where it was trapped, unless the ear tipped cat show signs of disease, or injury, or unless the Animal Control Officer has probable cause that the specific cat is the subject of a pending nuisance complaint. An Animal Control Officer shall not trap an ear tipped cat for being at large or, if the ear tipped cat has no owner, for not being under restraint. An ear tipped cat transported to or deposited at the Animal Services and Adoption Center shall be held by the Administrator for at least three (3) working days, unless the cat is suffering from disease or injury. The Administrator shall use all due diligence to provide electronic notification about all ear tipped cats held at the Animal Services and Adoption Center to all local animal rescue organizations and all animal care organizations who have notified the Administrator of their experience with ear tipped cats and shall allow three (3) working days from the time of the electronic notification for an organization to rescue the ear tipped cat at no charge to the organization. An animal care or animal rescue organization shall not return an ear tipped cat to the area where it was trapped if that specific ear tipped cat has been impounded three times to the Animal Services and Adoption Center. If an ear tipped cat is trapped in or brought to the Animal Services and Adoption Center from a municipality located within Prince George's County with a municipal animal control department, the Administrator shall provide the municipality with the same notification and opportunity for rescue. If the Administrator has used all due diligence to notify animal rescue organizations, animal care organizations, and where appropriate, a municipality about an ear tipped cat, and if the ear tipped cat is not retrieved by an organization or municipality within the designated time period, the ear tipped cat shall be treated the same as an impounded cat to the processes of Subtitle 3 of the Prince George's County Code. The Administrator shall make and keep records of individual ear tipped cats handled under this subsection (e), including; the date and location where the ear tipped cat was trapped or captured; the date the ear tipped cat entered the Animal Services and Adoption Center; whether the ear tipped cat suffered from a disease or injury, and the nature of any such disease or injury; whether the ear tipped cat was the subject of nuisance complaint, and the facts and legal basis for any such complaint, all notifications, and notification attempts, to animal rescue or animal care organizations, or to a municipality; and the date and ultimate disposition of the ear tipped cat. The Administrator shall make these records available for public inspection and shall report these records to the Director of the Department of the Environment. The Administrator shall, annually review by December 31st, with consultation with the Director and County Council, the effectiveness of the ear tipped cat program under Section 3-122 of this Subdivision. Prince George's County promotes the responsible practice of trap-neuter-return to include vaccination against rabies and other diseases as an effective method for humanely reducing the population of free-roaming cats. Free-roaming cats shall not be impounded as a public nuisance animal solely for being at large or unlicensed. The Administrator may impound a free-roaming cat if complaints to the Administrator from residents and businesses remain unresolved. An impounded free-roaming cat that has not been ear-tipped may only be redeemed to an animal care organization having experience with trap-neuter-return that has a written agreement with the County. The agreement shall provide for rabies vaccination, sterilization and ear-tipping before the free-roaming cat may be released to the area from which it was impounded. Feeding, sheltering and/or otherwise caring for free-roaming cats shall not be deemed a public nuisance condition unless it disturbs the peace, comfort, or health of any person residing within the County.

Any person may pick up any animal found at large within the County. Any animal picked up while at large shall be turned over to an Animal Control Officer or delivered to the Animal Services and Adoption Center. This Section shall not apply to a person trapping a free-roaming cat as part of Trap-Neuter-Return.

Upon impounding an animal, the Administrator shall make a prompt and reasonable effort to locate and notify the animal's owner. A notice under this Division may be served either by delivering it to the last known owner, or by leaving it at the person's usual or last known residence, or at the address given on the animal's collar, or obtained by means of a pet license, microchip or tattoo, forwarding it by mail to that person at his usual or last known residence or the address given on the collar. When convenient, the notice may be given by telephone to the owner.

No person shall willfully prevent or obstruct the impounding of any animal in violation of any of the provisions of this Subtitle by an Animal Control Officer or police officer, nor shall any person take or attempt to take any animal out of the Animal Services and Adoption Center without the consent of the Administrator, nor shall any person knowingly impound or attempt to impound any animal not legally liable to impoundment. Any violation of this Section is a misdemeanor punishable pursuant to Section 1-123 of this Code.

The Administrator shall keep complete and accurate records of the breed, color, sex, condition, and location where found of any animal impounded in the Animal Services and Adoption Center, and shall record whether or not the animal is licensed, tattooed, microchipped, or has a rabies tag. If an animal impounded in the Animal Services and Adoption Center is licensed or vaccinated, the Administrator shall record the name and address of the owner and the number of the license or rabies tag. The Administrator shall keep complete and accurate records of the care, feeding, veterinary treatment, and disposition of all animals impounded in the Animal Services Facility and Adoption Center.

When a seriously injured, diseased or suffering animal is taken into custody by an Animal Control Officer, and the owner cannot be promptly identified or contacted, a veterinarian shall be consulted and the animal may be taken to a veterinarian for an examination. The cost of any veterinary examination or consultation shall be an obligation of the owner of the animal. If, after consultation with the veterinarian, the Administrator determines that the animal should be destroyed for humane reasons or to protect the public from imminent danger to persons or property, the Administrator may promptly authorize euthanasia or other humane destruction of the animal without regard to any time limitations established in this Division. For the purpose of this Section, neither the Administrator, nor his designee, nor Prince George's County, Maryland, nor any of its employees or agents shall be liable for acts committed or omitted with regard to a veterinarian consultation and/or euthanizing an animal.

The owner of an impounded animal shall be entitled to redeem such animal, except as otherwise provided in this Subtitle, upon compliance with the license provisions of this Subtitle, payment of redemption fees, payment of costs accrued with respect to the animal to be redeemed, and presentation of satisfactory proof of ownership. Redemption fees shall be as follows: A redemption charge of Fifteen Dollars ($15.00) for the first impoundment for altered animals and Sixty Dollars ($60.00) for the first impoundment for unaltered animals and One Hundred Dollars ($100.00) for any animal per each subsequent impoundment in a twelve (12) month period. The owner of an impounded animal also shall be liable to Prince George's County, Maryland, for the shelter fees to include the fee for mandatory microchipping if the animal is not already microchipped and the costs of any required veterinary services in accordance with the schedule or tariff of charges promulgated by the Director pursuant to Section 3-106 herein. In addition, when the animal is impounded, it will be mandatory that it is spayed or neutered prior to leaving the Animal Services and Adoption Center. The cost shall be included in the payment of redemption fees not exceed the actual cost of the procedure. Exemptions and Waivers The mandatory spay/neuter requirement may be waived when the owner is able to provide proof that altering subject animal would create a financial loss and/or materially alter the economic value of the animal. (2) Livestock and/or Farm Animals shall be exempt from the provisions of this Section. (3) Any animals employed or owned by the County and/or Federal or State agencies shall be exempt from the provisions of this Section (4) Medical Exceptions outlined in accordance with Section 3-177.

Any domesticated animal which is impounded and not reclaimed by its owner as prescribed in Section 3-122 shall be deemed abandoned and shall become the property of Prince George's County, Maryland. Any animal surrendered by its owners to the Animal Services and Adoption Center shall immediately become the property of Prince George's County, Maryland, for final disposition. The Administrator may dispose of abandoned animals by adoption, euthanasia, or other disposition as may be most advantageous to the County and the public interest subject to Section 3-105.

At the end of the minimum periods provided for in this Subdivision, unredeemed and unadopted animals which have become the property of Prince George's County, Maryland, may be disposed of by euthanasia. Euthanasia shall be administered in accordance with regulations promulgated by the Director pursuant to Section 3-105 herein.

Each owner or custodian shall provide the following in consideration of the species, age, condition, weight, and size, for each animal in his or her care: Proper food; Proper water; Proper shelter and protection from the weather; Proper space; Proper exercise; Proper care; Proper veterinary care; Proper grooming; Proper light; Proper transportation; Proper air; and Proper cleaning. The provisions of this Section shall also apply to every animal shelter, impoundment facility, foster home, and holding facility whether temporary or permanent. No person shall keep or maintain any animal in Prince George's County in such manner as to cause or permit the animal to be a public nuisance or to cause or permit the animal to cause a public nuisance condition. No person shall keep or maintain any animal in the County in such manner as to disturb the peace, comfort, or health of any person residing within the County.

It shall be the duty of every owner or custodian of an animal to take all necessary steps and precautions to protect other people, animals, and property from injury or damage resulting from such animal's behavior, including, but not limited to, chasing, biting, or otherwise jeopardizing the safety, health or welfare of the public. No owner or custodian of an animal or operator of any animal holding center shall fail to abate a nuisance caused by any animal owned by him or under his control nor shall any person fail to abate a public nuisance condition found to exist upon the premises owned or controlled by him, after having been notified by an Animal Control Officer or other law enforcement officer, in accordance with Section 3-115 herein, or after having been ordered to abate the nuisance by the Commission as provided herein. Any animal having been declared to be a public nuisance animal shall, when required by the Commission and upon demand by the Administrator, be delivered by his owner to the custody of the County. No owner of a public nuisance animal shall refuse to surrender such animal to the County. A public nuisance animal which has been impounded by the County may be redeemed by the owner only upon those conditions established by the Commission for that particular animal. In addition to any special conditions imposed by the Commission, the owner of a public nuisance animal shall comply with the provisions of Section 3-128 herein. Any animal found to be unredeemable shall become the property of Prince George's County and may be disposed of by adoption, euthanasia, or other disposition as may be advantageous to the County and to the animal. No animal may be destroyed or otherwise disposed of pending the outcome of any appeal from an order of the Commission pursuant to Section 3-111. The Administrator shall retain custody of the animal pending the appeal, and the expense of the care, feeding, and any necessary veterinary care for the animal shall be charged to, and be the obligation of, the owner of the animal, and shall be collected pursuant to the provisions of Section 3-106 herein. As an alternative, if any person shall fail to abate a public nuisance animal or public nuisance condition after the Commission has ordered him to do so, the Administrator or the Commission may refer the matter to the Office of Law for appropriate legal action. The Office of Law, without limitation, and in addition to and not in lieu of any other available remedies, may seek ex parte, temporary and permanent injunctive relief and other relief in a court of competent jurisdiction to abate any nuisance or to correct any condition whereby the actions of an animal, or the actions or inactions of its owner or custodian, cause or threaten any substantial and immediate danger to any person or property or to the public health and safety.

All persons keeping or raising fowl or animals within the County, whether for commercial purposes or otherwise, shall keep the same at all times in a clean and sanitary condition and free from obnoxious odors. The premises upon which are kept any fowl or animals (including, but not limited to, rodents, cattle, horses, sheep, swine, or goats) shall be subject to inspection by Animal Control Officers. Such premises shall be subject to the regulations contained in Section 3-131(a) of this Subtitle with respect to the maintenance of sanitary conditions, care and feeding of animals and their young, provision of veterinary care, and other matters as may be promulgated by the Director, pursuant to recommendations from the Commission.

No person who owns, keeps, or has in his possession any animal of any kind whatsoever shall permit such animal to disturb the quiet of any person or neighborhood. Permitting an animal to disturb the quiet of any person or neighborhood, or failure to keep any animal from causing frequent or long continued noise, to the disturbance of the comfort or repose of any person or neighborhood, is declared to be a public nuisance and detrimental to the public health and welfare. Any person disturbed by a noisy animal shall first advise the owner or custodian who keeps such animal of the fact that the animal, by causing frequent or long continued noise, is disturbing the complainant and the neighborhood. No owner or custodian shall fail to abate a nuisance caused by the frequent, habitual or long continuing noise of his animal after having been notified in accordance with this Section.

It shall be unlawful for the owner or custodian of any animal (including, but not limited to, any cattle, horse, mule, swine, sheep, goat, geese, ducks, chickens, dog, cat, or other animal) to permit the animal to run at large or be at large as defined in Section 3-101(7) within Prince George's County, Maryland. At large shall also include: The confinement or securing of an animal by any person at a location other than on the premises of its owner, custodian, or authorized agent; Herding such animal or tying it for grazing in any street or other public place; or The fastening or tethering of any horse or other animal on public property affixed to any standard (i.e., rail, post, fence), hydrant, shade tree, or to any box or case around such tree, or to any public ornamental tree on any street or public ground. Any animal found at large or running at large is declared to be a nuisance and dangerous to the public health, safety, and welfare. The owner of any animal running at large shall be held strictly liable for a violation of this statute, except as provided in paragraphs (f) and (g) of this Section, and for any damages caused by said animal. Any person who is aware of an animal running at large within the County shall report the condition by telephone. The identity of an informant under this Section shall not be disclosed except to employees of the Animal Control program and duly authorized law enforcement officers. Any Animal Control Officer, police officer, or other agent authorized or empowered to perform any duty under this Subtitle may pursue any animal at large or running at large and may go upon any premises for impounding the animal at large or running at large. If the animal returns to the premises of its owner, the Animal Control Officer may pursue the animal upon the unenclosed exterior premises of the owner. If the owner or custodian takes the animal within the enclosed interior portion of his premises, the Animal Control Officer or police officer shall direct the owner or custodian to surrender the animal for impoundment. No person, after having been directed by an Animal Control Officer or law enforcement officer to surrender an animal for impoundment, shall fail to surrender the animal immediately. Failure to surrender an animal for impoundment upon demand by an Animal Control Officer or law enforcement officer is a misdemeanor and, upon conviction thereof, the violator may be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed ninety (90) days in the County Detention Center, or both. In addition to the criminal penalty hereby imposed, the Commission may impose civil penalties pursuant to Section 3-110 and Section 3-116 herein. Any animal is considered at large if it is outside the owner's premise and not leashed, unless it is a service animal, is in an animal exercise area, designated by Maryland-National Capital Park and Planning Commission (M-NCPPC) or the Administrator, or in a securely fenced area on the premises of another property owner with the permission of the property owner or lessee, or is participating in an approved activity such as undergoing obedience training or engaged in the sport of hunting in authorized areas and supervised by a competent person. For purposes of this Section, the common area of an apartment complex, homeowners' association, condominium, or cooperative is not the owner's premises. A leash may not exceed ten (10) feet in length. A retractable leash or electronic training collar or similar device does not meet the leash requirement for the purposes of this section. No animal running at large by accident with a person in immediate pursuit of it shall be deemed to be at large, running at large or a stray.

An owner of an animal declared dangerous or potentially dangerous in another jurisdiction must remove the animal from the County within ten (10) days after receiving a citation or other notice of a violation of this Section unless waived of this requirement and has imposed conditions or restrictions for the animal to remain in the County. The Administrator may waive these prohibitions for a specific animal only upon a finding that the animal is not a threat to public health or safety. No animal shall be found to be dangerous if the threat, injury, or damage was sustained by a person who was acting in provocation. It shall be the duty of the Police Department to receive and document complaints concerning dangerous animals. It shall be the duty of the Administrator/Animal Control Officer to receive and investigate complaints concerning dangerous animals. Whenever an animal complained against shall be reasonably deemed by a police officer or the Administrator/Animal Control Officer to be a dangerous animal, the police officer or Administrator/Animal Control Officer shall report the fact to the Commission in the form of a written complaint and shall be authorized and empowered to impound the animal pending a hearing if he reasonably believes that the owner of the animal is not capable of restraining the animal from attacking, biting, or injuring any human being or other animal pending a hearing on whether the animal is dangerous. Notwithstanding the above, whenever an animal causes severe injury to any human being, the police officer or Animal Control Officer shall impound the animal pending a hearing by the Commission. In this Section, severe injury means any physical injury from single or multiple bite(s) resulting in broken bones, serious disfigurement, serious impairment of health, serious impairment of a bodily function, or requiring multiple sutures or cosmetic surgery. Whenever an animal has been impounded pursuant to this Section, the owner shall be notified within forty-eight (48) hours of the impoundment of a right to a preliminary hearing. The preliminary hearing shall be scheduled within seventy-two (72) hours of a written request by the owner. This preliminary hearing may be conducted by a hearing officer designated by the Commission and shall be for the sole purpose of determining whether the owner of the animal is capable of restraining the animal from attacking, biting or injuring any human being or other animal until it can be determined at a hearing conducted by the Animal Control Commission whether the animal is dangerous. If it is determined that the alleged dangerous animal may be returned to the custody of the owner until the scheduled full hearing, the Commission may impose such requirements of conditions as are deemed necessary to restrain the animal and the owner shall be required to pay the costs and maintenance expenses incurred during the time that the animal was impounded. Should the owner not adhere to conditions set forth by the Commission, the alleged dangerous animal shall be immediately impounded and remain in the custody of the County pending the outcome of the full hearing. If the Commission determines that continuing impoundment is necessary, the owner shall be responsible for all costs and maintenance expenses incurred. Any person who alleges that an animal is dangerous may file a complaint with the Animal Control Commission that states in clear language why the animal is dangerous. This complaint shall identify where the animal is located and describe the animal which is the subject of the complaint. The Administrator shall investigate the complaint and may impound the animal in accordance with this Section. The Commission shall conduct a public hearing upon the question of whether the animal is a dangerous animal in accordance with the provisions of Section 3-110 of this Subtitle. If the Commission, upon the evidence before it, finds that the animal complained of is in fact a dangerous animal, as defined in Subsection (a), above, and Section 3-101(32), the Commission may direct the owner or custodian of the dangerous animal to confine the animal and to abate its danger to the public in accordance with Section 3-137 herein, or require the owner or custodian of the dangerous animal to surrender the animal to the County and authorize the Administrator to destroy the animal. The Administrator shall maintain a record of all known dangerous animals in Prince George's County. If any animal shall be found at large or running at large by an Animal Control Officer or police officer and, in the judgment of the Animal Control Officer or police officer, such animal is dangerous, and cannot be taken up or tranquilized and impounded, such animal may be slain by the Animal Control Officer or police officer. The Administrator or any other person must not sell, release, or place for adoption an animal that an animal control officer found is dangerous or potentially dangerous unless the Administrator finds the action is safe.

One or more of the following shall be required as deemed appropriate under the circumstances, and as deemed necessary for the protection of the public or other animals for an animal declared as dangerous: The dangerous animal shall be under the direct supervision of a responsible adult 18 years or older whenever the animal is on public premises. The dangerous animal shall be securely confined by the owner or custodian within a building or secure enclosure and shall not be taken out of such building or secure enclosure unless securely restrained. The confinement device shall be designed to: (i) prevent the escape of the animal; (ii) protect the public from unauthorized contact with the animal; and (iii) to protect the animal from the elements. The dangerous animal shall not be upon any street or public place, except while securely restrained, humanely muzzled if appropriate to the species, and in the charge of a responsible adult. The muzzle must be appropriate to the species, not to injure or interfere with the animal's vision or respiration, and be secured in a manner that prevents it from biting any person or animal. The dangerous animal shall be securely restrained on a leash whenever the animal is on public premises, under the immediate control of a responsible adult. The owner of a dangerous animal shall, at his or her own expense, have the identification number assigned to the dangerous animal by the Administrator tattooed or microchipped upon the animal by a licensed veterinarian. The Administrator may designate the location of the tattoo or microchip. The owner of a dangerous animal shall display a conspicuous sign, on the premises where the animal is permanently maintained, that a dangerous animal is located on those premises. The form and location of the sign shall be subject to the approval of the Administrator. The owner of a dangerous animal shall consent to periodic inspections, in addition to annual compliance inspections, by the Administrator. The owner of a dangerous animal shall report the status of the animal in writing to the Administrator every three (3) months and shall notify the Administrator immediately prior to the removal of the animal from the approved premises. The owner of a dangerous animal shall not sell, give away or dispose of the animal without the consent of the Administrator. The owner of a dangerous animal shall comply with any and all other requirements or conditions imposed by the Commission. The dangerous animal shall be spayed or neutered, at the owner's expense. The dangerous animal shall be evaluated by a certified animal behaviorist, a board-certified veterinary behaviorist, and attend an obedience/behavior training course and provide a certificate of completion. The owner of the animal shall be responsible for all costs associated with evaluations, training or other treatment ordered under this Section. The owner of the animal shall be held strictly liable for any violation of this Section and for any damages caused hereby. If after two (2) years of being declared dangerous, there have been no further issues with the animal, the owner can petition the Commission to have the designation and the requirements lifted. The dangerous animal as evidenced by aggravating circumstances, or by previous unjustified attacks on a person or animal sustaining serious injury or death, shall become the property of Prince George's County. The owner of a dangerous animal may be banned from owning, possessing, or caring for animals for up to five (5) years subject to the right to petition the Board for a waiver based on good cause shown.

When a female dog or cat is in estrus or in a condition commonly known as "in heat," its owner or custodian shall prevent its contact with another dog or cat, or the attraction of dogs or cats to the premises in which the female dog or cat is kept. Every female cat or dog in heat shall be confined in a building or secure enclosure in such manner that the female dog or cat cannot come into contact with a male dog or cat, except for intentional breeding purposes.

No person owning, keeping, or having custody of an animal, except a service animal, shall allow or permit excrement of such animal to remain on public property, including streets as defined in Section 1-102(a)(34). No person shall allow defecating on private property without the consent of the owner or occupant thereof. The person owning, keeping, or having custody of the animal shall immediately remove the excrement deposited by the animal.

Stray dogs, cats, and other animals for which ownership cannot readily be established shall automatically become the property of Prince George's County, Maryland, and shall fall subject to the provisions of Section 3-129 herein. Any stray animal found by any individual shall forthwith be delivered to the Animal Services and Adoption Center or to an Animal Control Officer. All unwanted animals received by the Animal Services and Adoption Center shall be processed under and shall be subject to the provisions of Section 3-122 of this Subtitle. No person shall harbor or hold for reward or procure a license for a dog or other animal which has strayed upon his premises or which has been taken into custody on a public street, highway, or other public place unaccompanied by its owner or custodian or which has been stolen from its owner. Nothing in this Subsection shall be construed to prohibit any person from taking custody of a stray animal for purposes of delivering it to the Animal Services and Adoption Center.

No person except an Animal Control Officer or law enforcement officer acting in the course of his duties shall intentionally entice, take, or carry away any companion animal or other animal without the owner's consent. Except as provided in Section 3-123, any person who steals, entices, takes, or carries away any animal, the property of another, without the owner's consent and with the intent to deprive the owner permanently of his or her property in such animal shall be guilty of the crime of theft. Upon conviction, he or she may be punished in the same manner and to the same extent as if the animal were the personal goods of the owner. Every person convicted of a violation of Subsection (b) shall be deemed guilty of a misdemeanor and shall be subject to a fine not to exceed Five Hundred Dollars ($500.00) and to a term of imprisonment not to exceed ninety (90) days, or both. One-half of any such fine shall be remitted to the owner of such animal.

An owner or custodian shall be declared to be an irresponsible owner if: they allow their animal to inflict bites on a human or another domesticated animal either on public or private property; they allow their animal to chase or approach a person in a menacing fashion or apparent attitude of attack, or with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise to threaten the safety of humans or animals; they fail to provide proper care and treatment for an animal; they fail to provide humane training for appropriate temperament and response; they fail to take precautions to abate aggressive behavior; prevent an imminent threat, assault or disturbance; or ensure surrounding circumstances and environment do not create or give rise to potentially dangerous situations. An irresponsible owner may be banned from owning, possessing, or caring for animals for up to five (5) years subject to the right to petition the Board for a waiver based on good cause shown. The Commission may mandate dangerous animal restrictions for any violations of this Section. Nothing in this Division shall be construed to exempt any animal owner or custodian from compliance of the requirements for responsible animal ownership. An animal owner or custodian found guilty of provisions of this Division shall be declared to be an irresponsible owner.

Any person who subdues or takes custody of or destroys any animal shall not be liable for any damages if the animal is found to be at large or running at large at the time of destruction and is in the act of pursuing, attacking, or wounding a human or another animal, whether or not such other animal is properly licensed as required by this Subtitle.

The owner or custodian of an animal may not deposit or leave such animal upon its death on public or private property. If a dog, cat, or ferret has a history of a bite or nonbite exposure to a human within ten (10) days prior to its death, it must be tested for rabies. Each dead animal shall be promptly disposed of by cremation, in accordance with applicable local, state, and federal regulations, burial, or other sanitary means so long as there has been no human bite or nonbite exposure. The Administrator, upon request of any person, shall pick up dead dogs, cats, and other small domestic animals for disposal for a fee not to exceed the actual cost of such pickup and disposal. In addition to other assigned duties, agents of the Administrator shall collect all dead animals found on County-owned property or highways and the Administrator shall be authorized to dispose of such carcasses.

A ferret, dog, or cat which is four (4) months of age or older shall be licensed by the owner as herein provided. The licensing requirement of this Subdivision shall not apply to any animal belonging to a nonresident of the County and kept within the boundaries of the County for not longer than thirty (30) days. All such animals shall, at the time of entry into the County, be properly vaccinated against rabies and, while kept within the County, shall meet all other requirements of this Subtitle.

Application for license shall be made to the Department. The license fee shall be Twenty-Five Dollars ($25.00) per year for all ferrets, dogs, and cats. The license fee may be collected for a multi-year period. The license fee shall be reduced to Ten Dollars ($10.00) where there is proof that the animal has been spayed or neutered or where the Administrator, in the Administrator's sole discretion, has determined that the animal cannot be spayed or neutered because of size, age, or other physical condition. The license fee shall be reduced to Five Dollars ($5.00) where there is proof that a dog is under training in a recognized program to provide assistance dog guides, provided that if the dog is removed from training, the license fee shall be Twenty-Five Dollars ($25.00) per year. Assistance dogs (guide, hearing, service, seizure alert, etc.) and dogs in police canine units shall be provided licenses without charge. Residents showing proof of being age sixty-five (65) or older shall be provided licenses, without charge, for a maximum of two (2) pets providing the resident produces documentation that the pets have been spayed or neutered, and are up to date on rabies shots. The application for a ferret, dog, or cat license shall state the name and address of the owner, and the name, breed, color, age, and sex of the animal and rabies vaccination information. A valid certificate of rabies inoculation or other evidence of vaccination issued by a licensed veterinarian or antirabies clinic recognized by the Administrator shall accompany the application. The requirement of a rabies certificate being presented with the application may be postponed ten (10) days from the recovery of the ferret, dog, or cat from an illness or injury if the application is accompanied by the certificate of a licensed veterinarian stating that the condition of the ferret, dog, or cat is such that inoculation would be detrimental to its health. During the period of postponement, the ferret, dog, or cat shall be confined within a building or secure enclosure. Whenever it comes to the attention of the Administrator that a ferret, dog, or cat is unlicensed, the Administrator may contact the owner of the animal and require the owner to make application for a license and require the owner to pay the required license fee. If the owner refuses to obtain a license or procure immunization for his animal, the Administrator may make demand upon the owner to surrender the animal for humane disposition. If the owner refuses to surrender the animal, the Administrator shall refer the matter to the Office of Law. The Office of Law may seek equitable relief in an appropriate court, including, but not limited to, a mandatory injunction requiring the owner of the animal either to have his animal immunized and obtain the required pet license or to surrender the animal for humane disposition.

Application for a special permit and fee shall be made to the Department. All persons owning, keeping or harboring a Pit Bull Terrier shall obtain a special permit and shall pay an annual fee of $25. The Department shall administer Pit Bull Terrier special permits and fees. The provisions of licensing in this Subtitle shall apply to Pit Bull Terriers.

An owner shall apply for a license within ten (10) days after a ferret, dog, or cat becomes four (4) months of age. Any person moving into, and establishing a residence in, the County with a ferret, dog, or cat must apply for licenses for each ferret, dog, or cat within thirty (30) days of establishing residence. Reserved. Notwithstanding any other provision of this Division, the Director may, establish a systematic method for administering the renewal of licenses under this Division, including, but not limited to, establishing staggered renewal dates for existing licenses and prorating license fees based on such renewal dates. In no event shall the Director restrict the right of a licensee, under any initial license issued in accordance with the provisions of this Division, to an initial term of less than one (1) year from the date of issuance; Failure to make timely application for an initial license as stated in Subsections (a) and (b), above, or for renewal of a license shall result in the assessment of a penalty of Three Dollars and fifty cents ($3.50).

Upon payment of a ferret, dog or cat license fee, a numbered license tag shall be issued to the owner, which shall bear the name of the County. The license tag shall be securely fastened to each dog's collar or harness, which shall be worn by the dog at all times unless the dog is engaged in supervised hunting, exhibition, or other sport where a collar would endanger the dog's safety or adversely affect its hunting, exhibition, or sport purpose. Any dog not wearing a license tag shall prima facie be deemed to be unlicensed. Under this Subtitle the burden of proof of the fact that such dog has been licensed or is not required to wear a tag shall be on the owner or custodian of the dog. A replacement metal license tag to replace a lost tag shall be issued to the owner of the ferret, dog, or cat upon application to the Department and the payment of a fee of One Dollar ($1.00).

No person may keep or harbor five (5) or more animals over the age of four (4) months, that require a County license, without first obtaining an animal hobby permit as provided herein. Except as provided herein, no household may keep, harbor, or foster five (5) companion animals, with a limit of ten (10) over the age of four (4) months without first obtaining an animal hobby permit as set forth in Section 3-148.02. Any household keeping, harboring, or fostering more than ten (10) animals prior to the effective date of this law may continue to harbor, foster, or keep such animals as are in existence. Said household cannot replace existing animals beyond the number allowed in Subsection (a), above. This Section shall not apply to a licensed animal holding facility, a licensed veterinary hospital, a circus or travelling exhibition, or the keeping of farm animals, fish, or birds.

Application for an animal hobby permit shall be made to the Department on forms prescribed by the Director. The annual fee shall be Five Dollars ($5.00). The permit shall be valid for one year from the date of issue. Application for a permit must be made within thirty (30) days of acquiring five (5) or more animals as set forth in Section 3-148.01, or within thirty (30) days of establishing a residence in the County with five (5) or more animals as set forth in Section 3-148.01. No permit shall be issued unless: Each ferret, dog, or cat has a valid County license; There exists proper space and safe means of confinement for each animal; Each animal is provided proper care, proper shelter and protection from the weather; Evidence exists that each animal has been provided proper veterinary care; No objectionable odors or noises exist that might disturb the neighborhood or otherwise cause a public nuisance condition to exist; All animals on the property are kept in compliance with any and all Federal, State, and local laws and regulations as pertain to animals. An Animal Control Officer shall inspect for compliance with Subsection 3-148.02(c), above, before any animal hobby permit shall be issued. The permit shall be issued for the address and owner listed on the application and shall not be transferable to any other address or owner.

Any group or organization which provides temporary holding, care, and treatment for a companion animal pending permanent adoption may apply for an animal foster care permit. The requirements are: The group or organization must be approved and registered with the Animal Services Division of the Prince George's County Department of the Environment and meet the following requirements: Proof of Federal registration as a nonprofit or not-for-profit organization; Proof of incorporation in the state in which they do business, as well as proof of good standing; and Compliance with all Federal, State, and local laws. Each individual location fostering animals must be registered with the Animal Services Division. The custodian must be associated with a group or organization registered with the Prince George's County Animal Services Division. Each foster location is limited to ten (10) animals including animals owned by the custodians, residents, or caregivers. Any foster location housing more than ten (10) animals must apply for an Animal Holding Center permit. Each foster location must be inspected on an annual basis upon renewal of the permit. In addition, the Animal Services Division may inspect the location for compliance with requirements for the care and maintenance of each animal. Each animal owned by custodians, residents, or caregivers at each foster location must be legally registered with Prince George's County and must be up-to-date on rabies inoculations and other required preventative care requirements. Animals being held for temporary foster care may be kept for ninety (90) days without being licensed by Prince George's County. An extension of no more than sixty (60) days may be applied for, and may be granted by, the Associate Director of the Animal Services Division. After that time, the animals will be considered owned animals and must be licensed with the County. The Animal Services Division must be notified when a new animal is accepted for temporary foster care and when an animal is adopted from the foster location. The Animal Services Division will maintain and keep current a list of animals at each foster location. With the exception of the animal licensing requirement, each foster location must meet the requirements set forth for an animal hobby permit. In addition to the penalties set forth for failure to obtain or maintain an animal foster care permit, the custodian is also subject to fines for failure to obtain an animal license for each animal held in custody.

Failure to obtain an animal hobby or foster care permit as required in Sections 3-148.01 and 3-148.03 shall result in a fine of One Hundred Dollars ($100.00) for the first offense, Five Hundred Dollars ($500.00) for the second offense, and One Thousand Dollars ($1,000.00) for each subsequent offense in a two (2) year period. The Department shall deny any application for an animal hobby or foster care permit if the Administrator determines that the applicant is in violation of the standards herein. The Director may revoke the animal hobby or foster care permit if the Director determines that the owner or custodian is in violation of the standards herein. The Director shall give written notice of denial or revocation of an animal hobby or foster care permit to the applicant or permittee at the address shown on the permit application. The notice shall set forth the reasons for the denial or revocation. The denial or revocation shall be effective on the date set forth therein. The decision to deny or revoke an animal hobby or foster care permit may be appealed to the Commission for Animal Control within ten (10) days of the date of the letter of denial or revocation. Any such appeal shall be governed by Sections 3-110 and 3-111 of this Subtitle. Any animals found to be maintained in violation of the standards set forth herein may be subject to impoundment by the County.

No person may own or operate an animal holding facility in the County without an appropriate animal holding facility license for each location where the facility is in operation.

Animal holding facility license shall mean and refer to the license required to be obtained and held by any animal holding facility under this Subdivision, without regard to the type or types of facility licensed. The Department, subject to the provisions of this Subdivision, shall issue animal holding facility licenses which shall be denominated according to the type of facility licensed.

Every person required to obtain and hold an animal holding center license shall make application for an animal holding center license to the Department upon forms prescribed by the Director. The application shall be accompanied by an annual license fee as prescribed herein. A Use and Occupancy permit is required for each animal holding center. The applicant for an animal holding facility license shall make his application to the Department upon a form prescribed by the Director. The application shall be signed by the proprietor, if an individual, or by the president or vice president, if a corporation, or by a general partner, if a partnership. The application shall state the name and address of the individual applicant; name, location, and the business address of the animal holding facility; the name and home and business address of the manager or operator of the facility; the name and regular business address of the applicant; and the species and number of animals to be housed in the animal holding facility. The application shall also specify the type or types of animal holding facility for which a license is sought. The Administrator may promulgate regulations requiring additional information in the application. A combined license may be obtained when a person desires to operate more than one type of animal holding facility at the same location. The applicant for a combined license shall be required to meet the standards for each type of facility and shall pay a combined fee which shall be: The highest single license fee for the animal holding facilities to be operated; and One-half of each remaining license fee.

The Administrator shall inspect the applicant's establishment and determine whether it is in satisfactory condition and properly operated under the provisions of this Subtitle. The Administrator shall determine the species which may be housed or held in the center. The Administrator shall issue regulations setting forth standards and criteria for determining the maximum number of animals of different type or species to be maintained in an animal holding center. The Administrator shall conduct additional unannounced inspections of animal holding facilities in the County during regular business hours to insure compliance by the facilities with the requirements of this Subtitle and the regulations promulgated by the Administrator. The Administrator shall request the assistance of the Health Officer in making determinations when appropriate. If reinspection is required due to the applicant's failure to comply with provisions of this Subtitle or other regulations, the applicant shall be charged Ten Dollars ($10.00) upon the first reinspection and Twenty-five Dollars ($25.00)for any subsequent reinspection.

If the Administrator and/or the Health Officer determine that the establishment is in satisfactory condition and properly operated under the provisions of this Subtitle, the Department shall issue to the applicant an animal holding facility license upon a form of certificate prescribed by the Director. The license certificates shall be consecutively numbered, shall state the year of issuance and period of effectiveness, and shall state the location of the animal holding facility licensed, the type of animal holding facility or facilities licensed, the type or species, and maximum number of animals to be maintained therein. The license shall be conspicuously placed for public viewing.

Animal holding center licenses are not transferable. The new owner or operator of the animal holding center shall make application to the Department pursuant to this Subdivision. The Director may issue a temporary license to the new owner or operator of an existing animal holding center to permit its continuing operation pending the Director's decision on the license application. The temporary license may be issued, provided: The application by the new owner or operator for the regular animal holding facility license has been filed with the Department; and The facility is not the subject of a pending Animal Control violation or citation upon which final action has not been completed. The temporary license shall be valid until the Director's decision is rendered on the application for the regular license. Issuance of the temporary license does not bar a decision by the Director to deny the application pursuant to Section 3-155(a).

The Director shall deny any application for an animal holding center license if the Administrator or the Health Officer determines that the applicant's establishment is in violation of the general standards or specific standards prescribed herein. The Director may suspend or revoke the animal holding facility license of any licensee if he determines that the licensee's establishment is in violation of, or is not operated in accordance with, the general standards prescribed below or the specific standards applicable to the licensee's animal holding facility. The Director shall give written notice of the denial, suspension, or revocation of an animal holding facility to the licensee at the address shown upon the animal holding facility license certificate. The notice shall specify in detail the facts from which the Director determines that the licensee's establishment is in violation of this Subtitle. The denial, suspension, or revocation of an animal holding facility license shall be effective on the date set forth therein, which effective date shall be not sooner than fifteen (15) days after the date of the written notice to the licensee. The decision of the Director to deny, suspend, or revoke an animal holding facility license shall be final, except as provided in Section 3-156.

The decision of the Director to deny, suspend, or revoke an animal holding facility license may be appealed by the applicant or licensee to the Board of Administrative Appeals. The applicant or licensee must give written notice of its appeal to the Board of Administrative Appeals within thirty (30) days from the date of the written notice of the decision to deny, suspend, or revoke the license. The filing of an appeal shall not negate the effectiveness of the Director's decision unless and until the Director's disposition is reversed on appeal. An appeal of a decision to suspend or deny the renewal of or to revoke a license shall suspend the operation of that decision. The Board of Administrative Appeals shall conduct a public hearing. In appeals from a denial of a license, the applicant shall have the burden of proof to establish his entitlement to a license. In an appeal from the suspension, revocation, or denial of renewal of a license, the Department shall have the burden of proof to establish by preponderance of the evidence that the suspension, revocation, or denial of renewal was correct. The Board of Administrative Appeals shall decide only whether the action of the Director was supported by substantial evidence. The applicant or licensee shall have the opportunity to present evidence, to cross-examine witnesses for the Department, and may be represented by an attorney at any hearing. Failure on the part of the applicant or the licensee to appear for the hearing shall be deemed a waiver of the right to a hearing.

Animal holding facility licenses shall be valid from the date of issuance for a period of one calendar year. The licensee must apply to the Department for renewal. Application for renewal, accompanied by the annual animal holding facility license fee, shall be made not less than thirty (30) days before the expiration date without penalty. Failure to make timely application for an initial license or for renewal of a license shall result in the assessment by the Department of a penalty of fifty percent (50%) in addition to the full annual license fee. The Director, upon receipt of an application for renewal of a license, shall conduct an inspection of the licensed establishment and shall determine whether it continues to comply with the provisions of this Subtitle.

All animal holding facilities shall provide the following in consideration of the species, age, condition, weight, and size, for each animal housed or kept in the center: Proper food; Proper water; Proper shelter and protection from the weather; Proper space; Proper exercise; Proper care; Proper veterinary care; Proper grooming; Proper light; Proper transportation; Proper air; and Proper cleaning. Animal holding facilities shall also provide for any and all other requirements and standards as specified in this Subdivision for the particular type of center.

Any animal in an animal holding facility which is injured or which shows signs of illness or symptoms of contagious disease shall be immediately isolated in such manner as to prevent the spread of such illness or disease to other animals or to prevent the exacerbation of any injury. All sick, diseased, or injured animals in an animal holding facility shall be provided immediate veterinary care by a doctor of veterinary medicine licensed to practice in the State of Maryland or under the supervision of such licensed veterinarian. Cages, crates, enclosures, or other areas in which animals have been housed or held shall be decontaminated before being used by another animal. No animal that is ill or diseased, shows visible evidence of any current illness or disease, or is injured in any way may be sold, exhibited in a petting zoo, used as a guard dog or for guard dog training, or used or exhibited for equestrian training or show.

No person may operate a kennel without first obtaining a kennel license. Research facilities wherein bona fide medical or other scientific research (including, but not limited to, dental, pharmaceutical and biological research) is being conducted and other animal holding establishments which are licensed by Federal law or operated by agencies or contractors of the United States, the State of Maryland or of any Maryland local government are excluded from the kennel licensing requirements of this Subtitle. The applicant shall pay an annual kennel license fee as follows: (1) Authorized to house less than ten (10) animals $75.00 (2) Authorized to house ten (10) but less than fifty (50) animals $125.00 (3) Authorized to house fifty (50) but less than one hundred (100 animals $175.00 (4) Authorized to house one hundred (100) or more animals $250.00

The holder of a commercial kennel license shall make and retain for one year records of the names and addresses of persons who board, buy, or otherwise receive dogs from the kennel.

No person shall train, own or keep any dog to be used as a guard dog without obtaining a guard dog license for each location where a guard dog is kept. This Section shall not apply to governmental agencies. The application for the guard dog license shall state: The name and address of the owner, the trainer, and/or the handler; The location of the guard dog facility; and The maximum number of dogs to be housed in the facility. The fee for a guard dog license shall be Fifty Dollars ($50.00) per year. The license fee shall be in addition to any kennel license fee required under this Subtitle.

No person may operate a pet shop without first obtaining a pet shop license as provided herein. The holder of a pet shop license shall make and retain for one year records of the names and addresses of persons who buy or otherwise receive ferrets, dogs, or cats from the pet shop. The annual license fee for a pet shop shall be Three Hundred Dollars ($300.00).

A person may not operate a petting zoo without first obtaining a petting zoo license as provided herein. A petting zoo license must be obtained thirty (30) days prior to the petting zoo operating in the County regardless of the length of time of operation, i.e. for one hour, one day, one week, etc. The application for a petting zoo license shall be accompanied by a site plan of the petting zoo, showing all cages/crates, enclosures, security fences and other arrangements for public security and animal care and feeding. The petting zoo license fee shall be One Hundred Fifty Dollars ($150.00). The petting zoo license shall be valid for the time(s) and date(s) stated in the application but in no event shall a petting zoo license be valid for a period in excess of one calendar year.

No person may operate a cattery without first obtaining a cattery license as provided herein. The annual fee for a cattery license shall be as follows: (1) Cattery authorized to house less than ten (10) cats $75.00 (2) Cattery authorized to house ten (10) but less than fifty (50) cats $125.00 (3) Cattery authorized to house fifty (50) but less than one hundred (100) cats $175.00 (4) Authorized to house one hundred (100) or more cats $250.00

No person may operate a riding school or commercial stable without first having obtained a riding school and stable license as provided herein. This Section shall not apply to any private stable wherein the owner houses or stables only his own horses. The annual fee for a riding school and stable license shall be as follows: (1) School or stable authorized to house or display less than ten (10) horses $50.00 (2) School or stable authorized to house or display ten (10) but less than twenty (20) horses $100.00 (3) School or stable authorized to house or display twenty (20) or more horses $150.00

No person may operate a commercial pet distribution facility, without first obtaining a commercial pet distribution facility license. Commercial pet distribution facility means a commercial establishment where animals are held for sale at wholesale or for distribution to other commercial establishments or users, sellers, or consumers of animals other than private pet owners or to zoological parks, aviaries, or aquariums. The annual fee for a commercial pet distribution facility license shall be as follows: (1) Facility authorized to house less than one hundred (100) animals $100.00 (2) Facility authorized to house one hundred (100) but less than two hundred fifty (250) animals $150.00 (3) Facility authorized to house two hundred fifty (250) or more animals $200.00

No person may operate a grooming establishment without first obtaining a grooming establishment license as provided herein. The annual fee for a grooming establishment license shall be Fifty Dollars ($50.00) and the establishment is authorized to hold up to fifty (50) animals for the day (12 hour period).

All kennels and catteries shall provide for each dog or cat: A cage, crate or run of sufficient size to allow its occupant to stand up, lie down, and turn around without touching the sides or top. Cage floors shall be made of nonporous, impervious material and, unless radiantly heated, shall be equipped with a resting board or other bedding. Appropriate drainage is required between cages, crates and runs to prevent cross-contamination from waste materials or cleaning water. If animals are housed in two (2) or more levels, no waste or other matter from the upper levels is permitted to contaminate other levels. Access to outside areas on a temporary basis, provided the outside area is of sufficient size with secure fencing and a secure latched gate. The outside area must be capable of being properly cleaned. In the event of weather extremes, an animal permitted outside must have access to inside runs or other proper shelter. Animals in kennels or catteries may not be permanently kept outside. Enclosures, cages, crates, and exercise areas which shall be kept clean, dry, and in a sanitary condition, and which shall provide proper air, a temperature maintained at normal conditions (a minimum of sixty-five (65) degrees Fahrenheit, and a maximum of seventy-five (75) degrees Fahrenheit) on the premises, except for those animals requiring higher temperatures, and proper protection from the weather. Where the holder of a kennel or cattery license is engaged in breeding of more than one (1) litter per year and/or the buying and selling of dogs and/or cats, the standards for pet shops and commercial pet distribution facilities, as prescribed in Section 3-170, shall apply to those animals being bred or held for sale, exchange, or purchase.

All owners or trainers of guard dogs shall, in addition to the requirements provided in Section 3-168, comply with, but are not limited to, the standards of this Section whenever any dog is to be trained or used as a guard dog. Failure to comply with these standards shall be grounds for denial or revocation of the license. Dogs being trained or used as guard dogs must be able to demonstrate obedience training, but they shall not be subjected to cruel or inhumane treatment prohibited by State law or this Subtitle. Guard dogs must be under the control of a responsible adult handler when they are being trained or utilized. Kennel, training, and work site areas for guard dogs must meet the following requirements; Runs must have at least six foot (6') fences completely surrounding them to which anticlimbers are added at the top or the top is completely covered and anti-diggers at the bottom of the runs. All gates and entrances to the runs, kennel, training or work site area must be kept locked so that the public is unable to enter. The kennel, training, or work site area must be enclosed within a building to which the public does not have access or by fences at least eight feet (8') high to which anticlimbers and anti-diggers are added. Fences must be kept escape proof. Guard dogs may not be allowed in any area to which the public has access unless they are securely restrained, humanely muzzled, and under the control of an adult handler.

A pet shop or commercial pet distribution facility receiving animals from a common carrier shall take delivery and physical possession of those animals within four (4) hours after notification by the carrier that the animal has arrived at the carrier's point of delivery. No sick animals may be sold or further transferred in the course of commercial distribution until transfer is approved by a veterinarian. All animals and birds received by a pet shop or commercial pet distribution center shall be isolated until they can be examined. The examination shall be conducted in an area separate and apart from the housing or display area provided for other animals. Any bird or animal exhibiting illness, disease, or a present crippling deformity must be provided with immediate and proper care and treatment by a licensed veterinarian. Animals with only present crippling deformities or noncontagious health problems may be placed in an area with healthy animals or returned to the breeder, broker, or shipper. Animals with noncontagious diseases or present crippling deformities may be given away as pets if the recipient signs a written release indicating that the recipient is aware of the deformity or noncontagious disease and agrees to spay or neuter the animal at the appropriate age and releases the pet shop from responsibility for that condition. Animals with present crippling deformities or known noncontagious diseases may not be sold or displayed. A pet shop or commercial pet distribution facility shall maintain healthy animals in an area separate and apart from diseased animals. Healthy animals shall be provided with a ventilation system designed and operated to prevent air from housing areas for diseased animals from reaching areas in which healthy animals are housed. The ventilation system shall provide a reasonably healthy method of air entry, circulation, and filtration, and the system shall condition the air to eliminate noxious substances and objectionable odors. A pet shop or commercial pet distribution facility shall maintain under normal conditions a minimum temperature of 65 degrees F and maximum temperature of 75 degrees F on the premises, except for those animals which require higher temperatures. There shall be a visible working thermometer in the display window where animals are shown and any area where animals are being kept. A pet shop or commercial pet distribution facility shall have all canines and felines on the premises examined by a veterinarian every fourteen (14) days for compliance with Section 3-159 and appropriate records signed by the attending veterinarian. All animals shall be checked daily for signs of illness. In every pet shop or commercial pet distribution facility, all canines shall have received distemper, parvovirus, hepatitis, and leptospirosis inoculations as required by applicable law or regulation prior to shipping, or prior to display upon receipt by the pet or commercial distribution facility after consultation with the attending veterinarian. Felines shall have received vaccine inoculations with FVRCP as required by applicable law or regulation prior to shipping, or prior to display upon receipt by the pet or commercial distribution facility after consultation with the attending veterinarian. The pet shop or distribution facility shall have canines checked for worms on a routine basis and wormed if necessary. This Subsection does not permit a pet shop or commercial pet distribution facility to accept, sell, or display a dog or cat younger than eight (8) weeks of age. All ill animals, maimed animals, and animals with present crippling deformities shall be under the care of a veterinarian at the expense of the pet shop or distribution facility until they are permanently cured, humanely destroyed, or properly given away. Any animal certified by a veterinarian to be healthy may be transferred or sold. It shall be a violation for any pet dealer to sell a dog or cat without providing the consumer with a pet dealer's animal history certificate at the time the consumer takes possession of the dog or cat. The pet dealer's animal history certificate shall be signed by the pet dealer, or the dealer's agent or employee, and shall contain the following information: The animal's breed, sex, age, color, and birth date; The name and address of the person from whom the pet dealer purchased the animal; The breeder's name and address; The date on which the animal was examined by a veterinarian, the name and address of such veterinarian, and a brief statement of any findings made; and A statement of all vaccinations administered to the animal, including the identity and quantity of the vaccine, the name and address of such veterinarian, and a brief statement of all findings. The information contained in the pet dealer's animal history certificate required in paragraph (1), above, shall be informative only, and the pet dealer shall not be responsible in any manner for the accuracy of such information unless the dealer knows or has reason to know that such information is erroneous. A copy of the pet dealer's animal history certificate signed by the consumer shall be maintained by the pet dealer for a period of one year following the date of sale. It shall be a violation for a pet dealer to include in the pet dealer's animal history certificate provided for in paragraphs (1) and (2), above, any false or misleading statement regarding the information to be contained therein. If, at any time within ten (10) days following receipt of an animal by a consumer, a veterinarian certifies such animal to have been unfit for purchase due to illness, a congenital defect deleterious to the health of the animal, or the presence of symptoms of a contagious or infectious disease, the pet dealer shall afford the consumer the right to choose one of the following options: The right to return the animal and receive a refund of the purchase price including sales tax; or The right to return the animal and to receive an exchange animal of equivalent value from the dealer, subject to the choice of the consumer. The refund required in paragraph (4), above, shall be made by the pet dealer not later than ten (10) business days following receipt of a signed veterinary certificate as hereinafter provided. A pet dealer shall give notice hereinafter set forth in writing to a consumer prior to the delivery of an animal. Such notice shall be embodied in either a written contract, the pet dealer's animal history certificate, or a separate document and shall state in at least ten point (10 pt.) bold face type the following: NOTICE The sale of animals is subject to the provisions of Section 3-170(i). In the event that a veterinarian certifies your animal to have been unfit for purchase within ten (10) business days following receipt of your animal, you may choose: (1) To return your animal and receive a refund of the purchase price; or (2) To return the animal and receive an exchange animal of your choice of equivalent value. In order to exercise these rights, you must present a written veterinary certification, indicating that the animal was unfit for purchase, to the pet dealer within three (3) business days after receiving such certification.

If the consumer agrees, the pet shop may provide to the animal purchaser free veterinary treatment for any illness or condition existing at the time of sale that is diagnosed by a veterinarian within ten (10) days of the date of sale. The initial examination fee, office visit fee, vaccine cost, and inoculation fee are to be the pet owner's responsibility. The pet shop shall choose the veterinarian who is to provide treatment for the illness or condition. The pet shop shall maintain an accurate individual history and health record for each dog or cat and lot records for birds. The records shall contain the name of the pet shop; a full description of the animal; the name and address of the person from whom the animal was obtained and the federal dealer identification number, if available; the date of the animal's entry into the State of Maryland; the animal's date of birth; the name and address of the breeder; the name and address of the broker; the name and address of the shipper; a record of all vaccines administered to the animal and the date of administration; a record of any disease of the animal observed while in the possession of the pet shop, including, but not limited to, symptoms of illness, diagnosed illness, treatment, medication, and prognosis, if known; and the date of sale or other disposition. The pet shop shall maintain a record of sale for each bird in conformance with the requirements of the Department of Health. All cages must meet the following requirements: All cages are to be constructed of nonabsorbent, nonporous, and impervious material. The floors of the primary enclosure shall be constructed so as to protect the animals' feet and legs from injury. Primary enclosures for animals, except cats, may have wire or grid flooring provided that the gauge of the wire or grid material is of proper size to support the animal(s) and to prevent sagging under the weight of the animal and provided that the mesh openings are of a suitable size for the age and species of the animal. Wire or grid flooring for small animals (quadrupeds), shall have mesh openings of such size as to prevent the animals' feet from passing through the openings. Each primary enclosure shall be constructed and maintained so as to provide sufficient space to allow each animal to turn about freely and to easily stand, sit, or lie in a comfortable position. Containing a dog by means of tying or chaining shall not be permitted, except that a dog may be restrained when grooming if the chain is placed or attached to a well-fitted collar. The area of confinement for cats shall be large enough to permit proper exercise for the animals. A primary enclosure for a cat shall have a litter pan made from nonabsorbent material, or disposable pans containing sufficient clean litter to contain the excreta. There shall be available for cleaning and sanitation a sufficient supply of hot running water and an effective chemical sanitizing agent. If a cage is made of material which can be scratched, they shall be steam cleaned or cleaned with an effective disinfectant every fourteen (14) days and before the introduction of another animal. Cage walls and ceiling shall have a smooth, washable surface and shall be finished in a light color and kept in a clean, safe, and sanitary condition. All areas of confinement, display, storage, and sales shall be maintained in a rodent-free, vermin-free, and sanitary condition. These areas shall be cleaned and disinfected regularly as conditions warrant. All cages shall be cleaned and disinfected daily. Feed and water dishes shall be emptied and sanitized at least once daily. No animal is permitted to be maintained in an area being cleaned until this process is completed and the area is dry. Sipper tube water bottles, if used, shall be kept clean and sanitized regularly and kept free of dirt, debris, and algae. At least one (1) sink or tub equipped with both hot and cold running water shall be provided within the building in a location easily accessible to the areas where animals are housed. All wastes or sewage shall be discharged to a Health Department approved waste disposal system. Floors shall be smooth and easily cleanable and kept in a clean, safe, and sanitary condition. Where flooding or steaming methods are employed for cleaning floors, proper means shall be provided for removal of waste water. Water shall not be permitted to pool under equipment, partitions, animal enclosures, or other places within the building. Any animal enclosure which is subject to waste water runoff after cleaning or subject to the influence of weather shall be connected to an approved waste water disposal system. A pet shop may not confine or display animals of different species in the same cage or enclosure, except that fish, birds, and nonpoisonous reptiles of different but compatible species may be displayed or confined in the same tank or cage. A pet shop shall not display any animal in a manner that is detrimental to the health or well-being of that animal. The management of the pet shop shall give proper instruction on the handling of an animal. No more than one (1) adult dog or cat may be confined in the same cage. Young animals may not be confined or displayed in the same cage with adult animals. Pugnacious or dangerous animals shall be isolated from other animals. Dogs shall be taken from cages and allowed to exercise at least twice daily, including Sundays and holidays. Dogs and cats under the age of eight (8) weeks may not be displayed or offered for sale. The water temperature in a fish tank shall be maintained at a constant level appropriate for the fish confined therein. If necessary for purposes of health or sanitation, the fish tank shall be equipped with an efficient circulating pump, filter, thermometer, and light for the emission of heat. Fish tanks shall be kept in a sanitary condition at all times. Each bird cage housing small-sized birds up to and including doves, cockatiels, and love birds shall contain at least two (2) horizontal perches and provide sufficient perch space for every bird confined therein; and one-third (1/3) of the perch space is to be vacant at all times. If a perch is detrimental to the health of a particular species, then the perch is to be omitted from the cage in which that species is confined. In addition to bird seed and water, each bird cage shall contain an amount of fresh gravel, where appropriate and needed for digestion, sufficient for the number of birds confined therein. Parrots and other large bird species shall have sufficient cage space or sufficient T-stand perch space. They shall not be confined or displayed in a cage with smaller birds. Hand washing facilities for the public shall be provided.

Cages, crates and enclosures shall provide proper space to allow each animal to move around with ease. Cages, crates and enclosures shall be maintained at all times in a sanitary condition, with sufficient clean and dry bedding to prevent offensive odors. Animals shall be provided proper water at all times. Animals shall be provided with proper food. Animals shall be provided with proper air and healthful temperatures for every species. Access to proper shelter and protection from the weather must be available at all times. A proper number of attendants shall be on the premises during the hours the zoo is open to the public in order to provide proper supervision. Hand washing facilities for the public shall be provided.

All catteries shall comply with the standards for commercial kennels set forth in Section 3-168, above.

All riding schools and stables shall comply with the minimum standards of this Section. All animals shall be provided with daily food and water which shall be wholesome, palatable and of sufficient quantity and nutritional value to meet the normal daily requirements for the condition and size of the animal. The food shall be free of any contamination. All horses, ponies, donkeys, mules, and other livestock shall have an enclosure with at least three (3) solid walls and a solid roof. All buildings and sheds used for the stabling of animals shall be well lighted and ventilated and provide protection from extremes of weather. All buildings and sheds used for stabling animals shall be kept clean and in good repair at all times and manure shall be removed therefrom daily. Stacked manure piles shall not be allowed to stand for a period in excess of four (4) days except when conditions of ice and/or snow prohibit its removal, and in all instances must be kept at least fifty (50) feet from a building or shed housing animals. Any enclosure where animals are kept shall be graded and drained to prevent pooling of water. No garbage, fecal matter, or other similar matter shall be placed or allowed to remain in any stable or enclosure. No open drain is permitted to run through any stable or enclosure. The owner and operator of the stable shall be responsible for taking steps to suppress internal parasites, flies, and other insects attracted to the stable site.

Enclosures, cages/crates, and/or exercise areas shall be maintained in a sanitary condition which shall provide proper air, a healthful temperature, and proper shelter and protection against extreme weather. All areas of confinement, display, storage, and sales shall be maintained in a rodent-free, vermin-free, and sanitary condition. These areas shall be cleaned and disinfected regularly as conditions warrant. At least one (1) sink or tub equipped with both hot and cold running water shall be provided within the building in a location easily accessible to the areas where animals are housed. All wastes or sewage shall be discharged to a Health Department approved waste disposal system. Floors shall be smooth and easily cleanable and kept in a clean, safe, and sanitary condition. Where flooding or steaming methods are employed for cleaning floors, proper means shall be provided for removal of waste water. Water shall not be permitted to pool under equipment, partitions, animal enclosures, or other places within the building. Any animal enclosure which is subject to waste water runoff after cleaning or subject to the influence of weather shall be connected to an approved waste water disposal system. No animal may be held for more than one (1) hour without having access to water in a secured container. No animal may be retained overnight in a grooming establishment unless the facility is also licensed as a kennel.

No person, other than the military or government law enforcement agencies, shall own, keep, harbor, or train attack dogs in this County. Attack dogs shall not be owned by commercial establishments or used for any commercial purpose.

No person shall keep or permit to be kept on his premises any unlicensed wild, exotic, or dangerous animal either as a pet, for breeding, for sale, or for display or exhibition purposes, whether gratuitously or for a fee, except as otherwise provided herein. No person shall keep or permit to be kept on his premises any poisonous snake, poisonous reptile, or other poisonous or venomous animal either as a pet, for breeding, or for display or exhibition purposes, whether gratuitously or for a fee, except as otherwise provided herein. No person shall keep or permit to be kept on his premises any ground hog, skunk, raccoon, opossum, fox, bear, wolf, other native wildlife, or member of the cat family other than the domestic cat either as a pet, for breeding purposes, for sale, or for display or exhibition purposes, whether gratuitously or for a fee, except as otherwise provided herein. The Director shall prescribe regulations to insure the safe penning or caging of wild or exotic animals or reptiles in order to prevent threats to the public health or the creation of public nuisances. The Director shall issue a permit for the keeping or displaying of any exotic or wild animal upon inspection and under the conditions established by the Administrator. Denial of the permit may be appealed to the Commission. The license fee for a wild and exotic animal display license shall be Two Hundred Dollars ($200.00).

All animals adopted from the Animal Services and Adoption Center must be spayed or neutered prior to leaving the Animal Services and Adoption Center, unless prohibited by medical reasons. If medical reasons prohibit spay or neutering prior to leaving the Animal Services and Adoption Center, licensed veterinarian must give a date when the procedure can be performed. If subject animal leaves the center without being spayed or neutered, a certificate, signed by a licensed veterinarian, that spaying or neutering has been accomplished must be provided to the Administrator within fifteen (15) days of the date of spaying or neutering. Any extension of time must be requested in writing to the Administrator, stating the reason spaying or neutering has not been accomplished and the date upon which said action will be accomplished. The Administrator, in his discretion, may approve or deny the request for an extension. If the request is denied, then upon the expiration of forty-five (45) days from the date of adoption the animal must be immediately returned to the Animal Services Facility and Adoption Center.

The Administrator shall prepare an adoption contract to be used in connection with the adoption of any animal by any person from the County. The adoption contract shall set forth the obligations of an adopter for the proper care, including veterinary care and neutering or spaying, feeding, maintenance, and disposition of any adopted animal. The Administrator shall permit the adoption of an animal in its custody only upon the following conditions: The proposed adopter must first complete and execute all adoption forms. The Administrator may visit the residence of the proposed adopter to determine the suitability of the adopter and the residence for the animal to be adopted. The Administrator may determine whether the proposed adopter and the residence are suitable. The proposed adopter shall pay all required fees and make any deposit required by the adoption contract to secure the adopter's obligations to have the animal inoculated, or spayed or neutered. The adopter, if permitted to adopt an animal, shall have the right to possess the animal subject to the requirements of the adoption contract and of this Subtitle. If at any time after the adoption of the animal the Administrator finds that the adopter has violated the provisions of the adoption contract or of this Subtitle with respect to the adopted animal, the adopter may be counseled in an effort to secure compliance, or, in the discretion of the Administrator, required to surrender the animal to the custody of the County. No person who adopts an animal from the County shall sell, make a gift of, transfer, destroy, or otherwise dispose of the animal without the prior written permission of the Administrator. The Office of Law may bring legal or equitable actions, including actions for mandatory or prohibitive injunctions, to enforce any adoption contract.

The use of any land or building in Prince George's County, Maryland, for any purpose described in this Subtitle must comply with the provisions of Subtitle 27, Zoning, Prince George's County Code, as the same is amended from time to time. The grant of a license for the operation of any animal holding facility under this Subtitle shall not constitute permission to operate an animal holding facility in violation of Subtitle 27, Prince George's County Code.

All animals are protected against cruelty or neglect as defined in Sections 3-101(31) and 3-101(53) of this Subtitle. No animal shall be overdriven, overloaded, deprived of necessary sustenance, tortured, tormented, mutilated, cruelly beaten, or otherwise physically, psychologically, emotionally or sexually abused or cruelly killed. In addition, all domestic animals except livestock are prohibited from being kept outdoors when the effective outdoor wind chill index is 32 degrees Fahrenheit or lower, or the heat index is 90 degrees Fahrenheit or higher, as determined by the National Weather Service. Any person who causes, procures, or authorizes these acts; or who, having the charge or custody of an animal as an owner or otherwise, inflicts unnecessary suffering or pain upon the animal; or who unnecessarily fails to provide the animal with proper nutritious food, water, air, space, shelter and protection from the weather, timely and proper veterinary care or any other elements of proper care as defined in Sections 3-101(a)(65) through (a)(77) shall be charged in accordance with the provisions of Subsection (b) below. Any person who fails to employ the most humane method possible for activities such as food processing, pest elimination, hunting, experimentation, and animal training shall be charged in accordance with the provisions of Subsection (b) below. Each act or omission in violation of this Section shall constitute a separate offense. Whenever it becomes necessary to protect an animal from cruelty or neglect, any police officer or Animal Control Officer may take possession of the animal. If an animal is impounded, yarded, or confined and continues without the provisions of the elements of proper care, or is cruelly treated or neglected, any police officer or Animal Control Officer may enter into and upon any place in which the animal is impounded, yarded, or confined and supply the animal with proper care as long as the animal remains there; or, if necessary for the health and/or safety of the animal, the officer may remove the animal and not be liable to any action for that entry or for taking possession of the animal. Upon impoundment, the officer taking possession of the animal must leave written notification of the officer's action and of any administrative remedies which may be available. The notification shall inform the owner or custodian of their right to file, within ten (10) days of receiving notice, a petition in writing with the Commission for Animal Control (CAC) for the return of the animal. If the owner or custodian fails to file the petition within the prescribed time period, or if the owner or custodian is unknown and cannot with reasonable effort be ascertained for a period of twenty (20) days, the animal shall become the property of Prince George's County. Nothing in this Section shall be construed to permit the entry into a private dwelling or to permit the taking of a farm animal without first having obtained the recommendation of a veterinarian. When a violation under this Section has occurred, the police officer or Animal Control Officer shall employ one of the following: A one-time written cruelty warning notice shall be issued by an Animal Control Officer, who shall also provide detailed educational guidance and compliance requirements specific to the violation for first-time offenses of less serious cases of cruelty or neglect. "Less serious cruelty or neglect" is defined as any act of cruelty or neglect, which has no permanent effect on the animal, and the aforementioned behavior of the owner or custodian is subsequently corrected through education and compliance. Second offenses of less serious acts of cruelty or neglect, which are not a recurrence of the conduct prohibited in this Subsection, shall result in the removal of the animal(s). Second offenses of less serious acts of cruelty or neglect that area recurrence of the conduct prohibited in this Subsection shall result in the removal of the animal(s). The owner or custodian shall be fined One Hundred Dollars ($100.00) per animal. Animal(s) that have been removed pursuant to Sections (b)(2)(A) and (b)(2)(B) shall be housed for a period not to exceed seven (7) days, at the Animal Services and Adoption Center or a designated approved location. The owner or custodian shall pay for the board and care of the animal(s) at the Animal Services and Adoption Center or designated location during the seven (7) day period allowed for taking corrective measures. Such animals shall be designated as a "humane hold" until corrective measures ensuring the safety and well-being of the animal(s) have been taken by the owner or custodian. These corrective measures shall be confirmed through inspection by an Animal Control Officer. Animals on humane hold shall not be adopted or euthanized, however, an animal may be euthanized upon the recommendation of a licensed veterinarian as necessary to prevent the pain and suffering of the animal. If appropriate corrective measures have not been taken by the close of the seven (7) day period, the animal(s) shall become the property of Prince George's County and may be disposed of by adoption, euthanasia, or other disposition as may be advantageous to the County and the animal(s). "Serious cruelty or neglect" is defined as any act by an owner, custodian or other person which causes physical trauma, impairment of condition, and/or unnecessary pain and suffering and the cruelty or neglect results in physical injury to, and/or creates a substantial risk of death, or causes the death of an animal. A violation of this Section, as well as any third offense of less serious cruelty or neglect, shall result in a charge of cruelty, and the violator shall be subject to a fine of One Thousand Dollars ($1,000.00) and a fine of One Hundred Dollars ($100.00) per animal. "Aggravated Animal Cruelty or Neglect" is defined as any act by an owner, custodian, or other person who tortures, torments, mutilates, cruelly beats, or kills an animal under circumstances demonstrating malice aforethought; or fails to provide proper care to an animal and the failure results in the death of the animal. Any person in violation of this Section, or in the case of a subsequent offense under Subsection (b)(3) of this Section shall result in a criminal charge of cruelty. A conviction under this charge shall be punishable by a criminal fine of One Thousand Dollars ($1,000.00) and/or imprisonment of not less than ninety (90) days but not more than six (6) months. The Court may also impose an order requiring a psychological evaluation of the convicted offender. A civil penalty of One Thousand Dollars ($1,000.00) shall be imposed as appropriate. Animal Fighting/Aggravated Animal Cruelty. It shall be unlawful for any person to cause, sponsor, arrange, hold, or encourage any dog, bird, fowl, cock, or any other animal to fight, menace, injure or kill another animal for the purpose of sport, amusement, or financial gain. For the purposes of this Section, a person encourages an animal to fight, menace, injure or kill another animal if the person: is present as a spectator, sponsor, guest or otherwise wagers on an occurrence of fighting; owns, trains, transports, possesses, breeds, sells or equips an animal with the intent that such animal will engage in fighting; allows animal fighting on the premises of any property owned or controlled by the person; allows any animal used for fighting to be kept, harbored, boarded, housed, trained on, or transported in, any property owned or controlled by the person; uses any means of communication for the purpose of promoting animal fighting; possesses or has in the care or custody, whether owner, custodian or other person, any animal or any device intended to facilitate breeding for fighting purposes or to enhance the animal's fighting, menacing, injuring or killing ability. Any person charged under Subsections (b)(3), (b)(4), or (b)(5) of this Section shall immediately surrender all animals in ownership or custodianship to the Animal Services Division of the Prince George's County Department of the Environment. If an appeal is filed, the animal(s) shall either be maintained or euthanized at the owner or custodian's expense by the Animal Services Division. It shall be unlawful for any person found guilty of cruelty under this Section to have ownership or custodianship of any animal for a period of five (5) years or more from the date of determination. Upon a finding of guilt and/or the exhaustion of all appeals, the surrendered animal(s) shall become the property of Prince George's County and may be disposed of by adoption or euthanasia. Any police officer shall, upon his or her own view of any misdemeanor in relation to cruelty to animals, make arrests or apply for a charging document permitting the arrest of offenders believed to have violated the ordinance of this County regarding cruelty to animals. Any Animal Control Officer or other person shall, upon his or her own view of any misdemeanor in relation to cruelty to animals, apply for a charging document permitting the arrest of offenders believed to have violated the ordinance of this County regarding cruelty to animals.

No person shall leave an animal on a road, on public or private property, or other location without first having secured another owner or custodian for the animal's continued care which shall include the provision of the elements of proper care as defined in Sec. 3-101 (a)(66) of this Code.

A person shall not give an animal poison, ground glass, gunpowder, chemicals or any other harmful substance or expose an animal to poison, ground glass, gunpowder, chemicals or any other harmful substance with the intent that the animal ingest it. This will not apply to poison used in a responsible manner to destroy vermin. Care must be taken to protect non-targeted species.

It shall be unlawful to carry an animal upon a vehicle in a manner that permits the animal to slide around, jump out, be thrown out of or fall from the vehicle; and/or that subjects an animal to hazards from road debris and/or exposure to the sun and heat, wind, rain, and such other elements of weather, including extreme cold; or any other condition that jeopardizes the animal's health and/or safety or causes the animal unnecessary pain and suffering.

No person shall leave an animal unattended in a standing or parked vehicle in such a manner that subjects the animal to pain and suffering, injury or death from the heat, cold or other conditions that jeopardize the animal's health and/or safety. A police officer or Animal Control Officer may use reasonable force to remove an animal left unattended in a vehicle pursuant to this Section and shall not be held liable for any damages as a result of taking such action to protect the animal's health and safety. No person shall use force to remove from a vehicle a police dog on duty, or an animal in the custody of an Animal Control Officer.

Any person who touches or contacts, or causes an object or another person to touch or contact, the mouth, anus, sex organs or other body part of an animal or animal carcass for the purposes of arousing or gratifying the sexual desire of a person; or causes an animal or animal carcass to touch or contact, the mouth, anus, sex organs or other body part of an animal or animal carcass for the purpose of arousing or gratifying the sexual desire of a person shall be guilty of the crime of Sexual Assault of an Animal.

It shall be unlawful for any person to shoot, wound, or kill animals on a canned hunting preserve, game ranch or canned shoot, or otherwise to hunt in an artificial manner. No person shall instigate, promote, aid or abet as a principal, agent, employee, participant or spectator, or participate in the earnings from, or to maintain or allow any place to be used for the shooting, wounding, or killing with a firearm or any deadly weapon, any animal that is: confined within artificial boundaries; and/or tethered or chained, staked out, caged/crated or otherwise restrained, regardless of size. No person shall tranquilize, artificially lure by sound, scent, visual stimuli, feeding, bait, use other animals of the targeted animal's own species, or another species, or any other method, within an enclosed area. This Section does not prohibit the natural hunting of native species as permitted by State law.

It shall be unlawful for a person to use a chain, rope, tether, leash, cable, or other device to attach a dog to a stationary object or trolley system. This prohibition shall not apply to temporary restraining for a reasonable amount of time, not to exceed one hour and/or during a lawful animal event, such as walking on a leash, veterinary treatment, grooming, training, or law enforcement activity, or if the dog's owner or handler remains with the dog throughout the period of restraint to ensure that cruel or nuisance conditions do not occur. It shall be unlawful to restrain a dog by a leash that is not attached to a properly fitted collar or harness worn by the dog. It shall be unlawful to wrap a leash around a dog's neck. It shall be unlawful to restrain a dog with a chain or tether that weighs more than 1/18 of the dog's body weight. It shall be unlawful to use a leash or tether to restrain a dog that is, by design and placement, likely to become entangled. Violations of this Section will be subject to a written warning for the first offense. Subsequent offenses shall be subject to civil penalties as set forth in Section 3-116.

The owner of a dog identified as potentially dangerous shall establish to the satisfaction of the Administrator that: The owner of the potentially dangerous dog is 18 years of age or older; A valid pet license has been issued for the potentially dangerous dog; The potentially dangerous dog has current vaccinations; The owner has a proper enclosure, as determined by the Administrator, to confine the potentially dangerous dog; The potentially dangerous dog has been spayed or neutered; The potentially dangerous dog has been implanted with a microchip containing owner identification information; and The owner has written permission of the property owner, if the dog owner is not the property owner, and from a homeowner's association, if appropriate, to house the dog on the premises where the dog will be kept. Failure to establish the above criteria to the satisfaction of the Administrator, shall result in immediate impoundment, if the subject animal is not already in the possession of the County. If the dog is impounded, the owner may appeal the Administrator's decision regarding any of their recommendations within ten days of receiving notice if they do not agree. They may file a written petition with the Commission for Animal Control for return of the animal. If after two (2) years of being declared potentially dangerous, there have been no further issues with the animal, the owner can petition the Commission to have the designation and the requirements lifted.

No person shall sell, offer for sale, raffle, barter, or give away baby chickens (chicks), ducklings or other fowl under four (4) weeks of age in lots of less than one dozen, or rabbits under six (6) weeks of age, or any unweaned mammalian companion animals including said animals under the age of eight (8) weeks as prohibited by State law; or color, dye, stain, or change the natural color of baby chickens, ducklings, other fowl, or rabbits; or bring or transport the same into the County. This Section shall not be construed to prohibit the sale or display of baby chickens, ducklings, other fowl, or rabbits in proper facilities that comply with rules of the Health Officer by breeders and those selling for commercial breeding and raising purposes. Stores, shops, vendors, and others offering chicks, ducklings, or other fowl for sale in lots of twelve (12) or more, or displaying chicks, ducklings, or other fowl to the public shall provide and operate brooders or other heating devices that may be necessary to maintain the chicks, ducklings, or other fowl in good health, and shall keep proper food and water available at all times. No person shall give away any live animal, fish, or bird as: A premium, novelty, toy, or prize, or as an inducement to enter any contest, game, or other competition; An instrument to enter a place of amusement; An incentive to enter into any business agreement where the offer was for the purpose of attracting trade. Any person who violates the provisions of this Section is subject to the fine set forth in Section 3-116 of this Code, as well as confiscation of the animal(s) involved. The provisions of this Section with regard to the giving away of animals do not apply to animals given away for agricultural purposes.

No persons shall sell or offer for sale pet turtles. The sale or offer for sale of any turtle shall be presumed to be for purposes of a pet unless offered for sale or sold to food processors, zoos, or person having a known use of turtles other than for pets.

Where a complaint is filed with the Commission and the Commission finds that a private or public nuisance exists with respect to the keeping of pigeons, the Commission may direct or authorize the Administrator or any party of interest to the complaint to take appropriate actions consistent with State law. Similarly, the Health Officer may, upon a finding that a pigeon or pigeons are causing a public health hazard, direct or cause appropriate corrective action to be taken to abate such hazard consistent with State law.

Any person already owning, keeping or harboring a Pit Bull Terrier within the County as of the effective date of this Act shall be exempt from the former Pit Bull Terrier ban subject to associated conditions, provisions and exemptions, as set forth in former Section 3-185.01 (a) through (d). No other provisions of this Act shall be grandfathered. All other provisions of this Act are prospective in effect. The County shall implement a pilot program for Pit Bull Terriers owned, kept or harbored after the effective date of this Act, as provided below: A person may foster a Pit Bull Terrier through the Administrator in the County. A person may adopt a Pit Bull Terrier through the Administrator in the County under the following conditions: The Administrator must deem the Pit Bull Terrier adoptable; and The person must apply for a permit, within 45 days of enactment of this Act, and shall register the Pit Bull Terrier within six months of enactment of this Act, which includes a signed agreement concerning responsibility for the dog; and The person must provide the address of where the Pit Bull Terrier will be located; and The person must comply with all other requirements in subsection (4) of this Section; and The Administrator must microchip the Pit Bull Terrier and the Pit Bull Terrier except those used for exhibition must be spayed or neutered in accordance with this Section, Section 3-177 and Section 3-185.03 of this Subtitle. A person in the County owning a Pit Bull Terrier may harbor the animal under the following conditions: The person must apply for and maintain a permit, within 45 days of enactment of this Act, and shall register the Pit Bull Terrier within six months of enactment of this Act, which includes a signed agreement concerning responsibility for the dog. The permit application and signed agreement must include: The name of the person who owns the Pit Bull Terrier and the address of where the Pit Bull Terrier will be located; and Proof of rabies vaccination; and Proof of microchip; and A description of the Pit Bull Terrier; and A statement that the person agrees to comply with Sections 3-135 of this Subtitle, the County leash law and responsible dog ownership. Any owner or custodian of a Pit Bull Terrier shall: Complete pet parenting or animal handling courses as needed or mandated by the Administrator; and Notify animal protection in person or by telephone of any of the following occurrences within the scheduled time frames as set forth in this subsection: Within eight (8) hours after the Pit Bull Terrier has escaped or has otherwise ceased to be in the custody of the owner or keeper for any reason, unless the owner or keeper knows such animal to be physically secured, restrained, or confined and to be in the custody of a competent adult; and Within eight (8) hours after the Pit Bull Terrier has attacked or bitten a person or another domestic animal; and If the Pit Bull Terrier has died, or if the owner or keeper of the Pit Bull Terrier or the address of the Pit Bull Terrier has changed to a person or location outside of the County, the owner or keeper listed on the breed-restricted permit shall notify the Administrator within twenty-four (24) hours of such change, including the name, address, and telephone number of the new owner or keeper. If the owner or keeper or location of the Pit Bull Terrier changes to a person or location at a different address within the County, the owner or keeper listed on the breed-restricted permit shall notify the Administrator under the direction of the Administrator of Animal Control in the County within twenty-four (24) hours of the change, including the name, address, and telephone number of the new owner, and the new owner or keeper may be permitted to modify the breed-restricted permit to reflect the new owner's name in the discretion of the Administrator but such modification must be obtained within five (5) days of the change; The Administrator shall be permitted to contact the owner at reasonable times, upon reasonable notice, and in a reasonable manner and inspect the Pit Bull Terrier and/or the premises where the Pit Bull Terrier is located to assess sanitary and health conditions and compliance with this Section. Violation by an owner or keeper of the conditions of the breed-restricted permit may impact the permit and may result in other criminal or administrative penalties allowed by this Code. A person who fails to obtain a permit for a Pit Bull Terrier shall be fined $300. A person who violates the conditions of the permit as provided in the signed agreement shall be fined $300. Nothing in this Section shall be construed in any manner as altering any owner or custodian's duties, responsibilities, and/or liabilities under this Subtitle. The Administrator will collect, maintain, and review data and findings from inspections and violations and shall report findings to the County Council bimonthly.

The Animal Services and Adoption Center or other animal shelter shall refer some of the Pit Bull Terriers in the pilot program to be service animals, as defined in Section 3-101(a)(84.1).

All Pit Bull Terriers except those used for exhibition must be spayed or neutered.

No person shall own or harbor a ferret, dog, or cat over the age of four (4) months in the County without a valid rabies vaccination. Persons bringing ferrets, dogs, and/or cats into the County shall have readily available, as proof of vaccination, a valid rabies certificate signed by a licensed veterinarian or issued by an approved governmental agency. Animals which do not qualify shall either be immediately removed from the County or be vaccinated by a licensed veterinarian. A licensed veterinarian in the County who administers a rabies vaccine to a dog, cat, or ferret shall complete a rabies vaccination certificate. The original rabies vaccination certificate shall be given to the owner of each dog, cat, or ferret that receives a rabies vaccine. One (1) copy of the rabies vaccination certificate shall be retained by the licensed veterinarian. Copies of rabies vaccination certificates shall also be forwarded by veterinarians to the Animal Management Division. Veterinarians shall provide these copies to the Animal Management Division on a monthly basis.

Antirabies clinics will be operated by the Health Department. The Health Department is authorized to charge such reasonable fees as may be necessary to defray the actual costs of such service. Any person administering rabies vaccination shall complete a Health Department vaccination certificate of rabies immunization on all animals immunized and shall furnish copies of the certificate to the Administrator of the Animal Services Division within sixty (60) days of the vaccination. When a dog, cat, or ferret is presented to the Health Department for immunization at an antirabies clinic, personnel of the Animal Control Program shall ascertain whether the animal is licensed under this Subtitle. If the animal is unlicensed, the Administrator shall provide the owner with an application for the appropriate license.

A report of the circumstances of a person having a bite contact or nonbite contact with an animal shall be made promptly to the Police Department, the Health Department, or the Health Department's designee by anyone having personal knowledge of the incident. The police shall within twenty-four (24) hours notify the Administrator and the Health Officer of the details of the incident. It shall be the duty of every physician, medical practitioner, or hospital attendant to report to the Police Department the names and addresses of persons treated for bite contact or nonbite contact with animals, together with such information as will be helpful in rabies control.

The Administrator shall confine any animal following a bite or nonbite contact with a human for clinical observation for a period of ten (10) consecutive calendar days. At the discretion of the Administrator and with the approval of the Health Officer, the confinement may occur on the premises of the animal's owner. The Administrator may issue such written orders to the owner with respect to the confinement of the animal as he finds necessary for the public safety. In the alternative, the animal may be confined at any animal shelter, veterinary hospital, or humane shelter at the owner's option and expense, subject to the approval of the Health Officer and the Administrator. No person shall allow a confined animal to escape or be released from confinement. No person shall sell, give away, or otherwise dispose of such animal before the expiration of the ten (10) day confinement and observation period until the animal is examined by a licensed veterinarian or observed by the Administrator or the Administrator's designee. Nor shall any person remove said animal from Prince George's County during the confinement period without the Health Officer's written approval. If the animal does not have a current valid rabies vaccination at the time of exposure, the owner must have the ferret, dog, or cat examined by a licensed veterinarian and vaccinated against rabies, at the owner's expense, immediately after the ten (10) day quarantine period. If the animal has a current, valid rabies vaccination at the time of exposure, the owner must have the animal examined by a licensed veterinarian at the owner's expense or taken to the Prince George's County Animal Services Division immediately after the ten (10) day quarantine period, to verify that the animal is in good health. Proof of valid rabies vaccination must be shown at the time of post quarantine visit. The owner of a quarantined animal must pay an examination fee of Ten Dollars ($10.00) upon the completion of a home visit by an Animal Control Officer.

It shall be the duty of every licensed veterinarian to report to the Administrator and the Health Officer any animal considered by the licensed veterinarian to be rabid or to be a rabies suspect.

Upon demand by the Administrator or the Health Officer, the owner of any animal which has had bite or nonbite contact with a human, or which is suspected of having been exposed to rabies, shall surrender such animal for supervised confinement. The expense of such confinement shall be borne by the owner. Payment of boarding fees and compliance with the licensing provisions of this Subtitle shall be prerequisites to the release of a confined animal to the owner. If the owner of an animal which has had bite or nonbite contact with a human or which is suspected of having been exposed to rabies refuses to surrender the animal upon demand by the Administrator or the Health Officer, the County Attorney may petition a court for ex parte temporary and permanent mandatory injunctive relief to require the owner to surrender the animal for quarantine and observation.

When rabies has been diagnosed in an animal confined for clinical observation or when rabies is suspected by a veterinarian, physician or the Administrator and that animal dies, then the Administrator shall immediately have the body sent to a laboratory recognized by the State Department of Health and Mental Hygiene for pathological examination. Such laboratory shall, within twenty-four (24) hours, if the laboratory findings indicate a presence of rabies, notify the State Public Health Veterinarian, the State Department of Agriculture, the Administrator, and the Health Officer of such finding and reported human and animal contacts with the infected animal.

When a rabies examination report indicates a positive diagnosis of rabies, either the State Secretary of Agriculture, the State Public Health Veterinarian or the Health Officer may impose a quarantine within any area of the County for a period of not less than sixty (60) days and for as long a period as deemed necessary. When such a quarantine is effected, no domesticated animal shall be taken from confinement or be permitted in the streets or other public areas of the quarantine area, unless properly leashed and accompanied by an adult. During such quarantine, any farm animal suspected of having been exposed to rabies may be quarantined by the State Public Health Veterinarian or the State Secretary of Agriculture. No quarantined farm animal may be removed from its place of residence without the written permission of the State Secretary of Agriculture or the State Public Health Veterinarian. No unclaimed animal which has been impounded by reason of its being at large will be adopted from any animal shelter during the period of quarantine, except by special authorization of the State Public health Veterinarian or Health Officer. If there are additional cases of rabies during the period of quarantine, the quarantine period may be extended for additional periods as established by the State Department of Health and Mental Hygiene or the Health Officer. Notwithstanding the provisions in Section 3-191, no quarantine release fee shall be charged for animals taken to a veterinarian or to the facility for examination for release from quarantine.

If the owner or custodian of a ferret, dog, cat, cow, horse, sheep, or goat exposed to a rabid or suspected rabid animal can provide proof of a currently valid rabies vaccination as determined by the State Public Health Veterinarian, the Health Officer, or the Health Officer's designee, the animal shall be revaccinated and kept under restraint for forty-five (45) days or for such time as specified by the Public Health Veterinarian, the Health Officer, or the Health Officer's designee. 'Under restraint' means confined to a house, garage, escape-proof enclosure or building. An animal kept outside in a fenced yard shall not constitute 'under restraint'. If the owner or custodian of any animal cannot provide proof of current vaccination against rabies, the animal shall be either humanely destroyed or immediately surrendered to the Animal Management Division of the Prince George's County Department of the Environment which will hold the animal for up to fifteen (15) days while quarantine arrangements are being made. Said animal must be held in strict isolation in a facility and in a manner approved by the State Public Health Veterinarian, the Health Officer, or the Health Officer's designee for a total of six (6) months following the exposure. The animal must be vaccinated one (1) month prior to release from isolation. All costs relating to this holding or isolation shall be borne by the owner or custodian of the animal. If the owner requests that the animal be held in strict isolation, then the Health Officer, the Health Officer's designee, or State Public Health Veterinarian may make inspections deemed necessary to assure that the animal is in strict isolation. If the isolation agreement is violated, the animal shall be humanely destroyed and tested for rabies unless an exception is made by the Health Officer, the Health Officer's designee, or the State Public Health Veterinarian based on special circumstances.

Except under the direction and supervision of the Health Officer or the Health Officer's designee, no person shall kill, or cause to be killed, any rabid animal, any animal which has had bite or nonbite contact with a human or any animal suspected of having been exposed to rabies. No person shall remove such animal from the jurisdiction of the County without written permission from the State Public Health Veterinarian. If there is a possibility of an animal's escape or of further bite or nonbite contact with the animal, the animal may be humanely destroyed and the Administrator shall be notified immediately.

The carcass of any dead animal exposed to rabies or suspected of being exposed to rabies shall, upon demand, be surrendered to the Administrator, the Health Officer, or the State Public Health Veterinarian. The Administrator shall supervise the disposition of the carcass of any animal in his possession found to be infected with rabies or of any dead animal which he deems to be a health menace or a hazard to the public health and welfare.

No person shall fail or refuse to surrender any animal for quarantine, destruction or disposal as required in this Division when demand is made by the Administrator, the Health Officer, the Health Officer's designee, or the State Public Health Veterinarian.

The following codes and standards are hereby adopted by reference and made a part of this Subtitle with the same force and effect as those set out in full herein as the official Building Code of Prince George's County, together with the changes, deletions, or modifications prescribed in this Subtitle: The International Building Code, 2021 Edition (hereinafter referred to as the 'IBC'); The International Mechanical Code, 2021 Edition (hereinafter referred to as the 'IMC'); The International Energy Conservation Code, 2021 Edition (hereinafter referred to as the 'IECC'); and The International Residential Code for One- and Two-Family Dwellings, 2021 Edition (hereinafter referred to as the 'IRC'). The International Swimming Pool and Spa Code, 2021 Edition (hereinafter referred to as the 'ISPSC') The International Existing Building Code 2021 Edition (hereinafter referred to as the 'IEBC'). The National Fire Protection Association Life Safety Code 101, 2021 Edition (hereinafter referred to as the 'NFPA 101') as amended in Subtitle 11. The National Fire Protection Association Fire Code 1, 2021 Edition (hereinafter referred to as the 'NFPA 1') as amended in Subtitle 11. The National Electrical Code (NEC), 2020 Edition (hereinafter referred to as the 'NEC') as amended by Subtitle 9. The following apply to the above-mentioned codes and the referenced and their Appendices: The provisions contained in the Appendices of above-mentioned codes may only be utilized upon written approval by the code official/designee. DPIE has final determination to either accept or refuse the use of Appendices. Where the codes/standards defer to the local jurisdiction to establish criteria, the code official or designee shall publish such criteria. Standards. Where existing standards or requirements adopted herein have been updated or superseded by the promulgating authority, such revised standard or requirement shall be deemed as the current code adopted and as prima facie evidence of compliance with the intent of the Subtitle. Conflict with the Washington Suburban Sanitary Commission Plumbing and Fuel Gas Code: If a conflict exists between the standards or requirements set forth in the adopted Codes and the standards and requirements for plumbing and gasfitting as set forth in the Washington Suburban Sanitary Commission Plumbing and Fuel Gas Code, the standards or requirements set forth in the latter shall govern. Exemption from Jurisdiction. The Building Code shall not apply to public premises, including any buildings or other structures, owned by the United States Government, including appurtenant structures and portions of premises, buildings, or other structures, that are under exclusive control of an officer of the United States government in his or her official capacity. The premises shall not be deemed to be under the exclusive control of an officer of the United States government where: (a) the premises (or any portions thereof) are leased to the United States of America, but the lessor is responsible for maintenance and repairs to the leased premises; or (b) the premises are owned by the United States of America, but leased to a person or persons other than the United States of America for development pursuant to a long-term ground lease or comparable property interest. Public Utilities Building. Unless approved by DPIE, a permit shall be required under the Building Code for the installation, alteration or repair of equipment and facilities used for generation, transmission, distribution, metering or treatment that is under the ownership or control of public service agencies subject to the jurisdiction of the Prince George's County Public Services Commission or Washington Suburban Sanitation Commission. The Prince George's County Public Service Commission has jurisdiction over the electric, natural gas and local telephone companies in the County.

The terms Building Official, Mechanical Official, and Fire Code Official as used in this code, the IBC, IMC, IECC, IRC, and IEBC shall mean the Building Code Official whom the Director of the Department shall designate. The term Fire Code Official shall mean the person as referenced under Prince George's County Code, Subtitle 4, and Section 4-108. Where the name of the jurisdiction is to be indicated in any section of the IBC, IMC, IECC, IRC, and IEBC the name to be substituted therein shall be "Prince George's County, Maryland."

A copy of the IBC, IMC, IECC, IRC, IEBC, and ISPSC adopted by the Subdivision shall be marked as a master copy and maintained by the Clerk of the Council.

The administrative provisions of the International Building Code, as amended, Sections 4-106 through 4-121 shall control all administrative matters related to construction of buildings. These provisions shall be applicable to the standards adopted in Section 4-101 and shall be construed to be in concert as if they were set out in the administrative provisions of those standards. Where a conflict arises, the provisions of the sections here-in amended by the County shall control.

Any provision of the IBC, IMC, IECC, IRC, IEBC, and ISPSC adopted by this Subtitle shall be changed, modified, added, or omitted as set out in Subdivision 2, and such change, amendment, addition, or deletion shall be deemed to supersede the text of these codes in any case where the provisions of this Subtitle are interpreted.

Exception to 101.2 Detached one- and two-family dwellings and multiple single family dwellings (townhouses) not more than three (3) stories above grade plane, for maximum of three (3) levels including lofts, a habitable story and attics with storage, in height with a separate means of egress, and their accessory structures not more than one-story above grade plane in height and less than three thousand (3,000) square feet in area, shall comply with the International Residential Code (IRC). Subsection 101.4.8, Electrical. The provisions of Subtitle 9 of this Code and the National Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacements, equipment, appliances, fixtures, fittings and appurtenances thereto. Subsection 101.4.1, Gas. The provisions of the Washington Suburban Sanitary Commission ("WSSC") known as the WSSC Plumbing and Fuel Gas Code; the International Plumbing ("IPC"); and the International Fuel Gas Code ("IFGC") shall apply to the installation of gas piping from point of delivery, gas appliances, and related accessories as covered in the Code. Subsection 101.4.3, Plumbing. The provisions of the Washington Suburban Sanitary Commission ("WSSC") known as the WSSC Plumbing and Fuel Gas Code shall apply to the installation, alterations, repair or replacement of plumbing systems including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. Subsection 101.4.5, Applicability. Whenever this Code makes reference to the International Fire Code, the requirements of the National Fire Protection Association (NFPA) 1 and Subtitle 11 of the Prince George's County Code shall apply except where referenced in 2021 IBC: Section 2702 Emergency and Standby Power Systems, Section 3111 Solar Energy Systems, Section 413 Combustible Storage, Section 426, Combustible Dusts, Grain Processing and Storage, Section 427 Medical Gas Systems, Section 428 Higher Education Laboratories, and any Energy Storage Systems, Stationary Fuel Cell Power Systems, Electrical Energy Storage Systems (ESS) shall comply with the most stringent of NFPA 1 and 2021 International Fire Code.

Section 102.1, General. Where, in any specific case, different sections of this Code specify different materials, methods of construction, or other requirements, the most restrictive standard shall apply. In addition, where there is conflict between a general requirement and a specific requirement, the specific requirement shall apply. Section 102.2.1, Other Requirements. The requirement of Chapter 11, "Accessibility," that buildings which use turnstiles, cart corrals, or other interior or exterior traffic control devices and which are required to have a clearly marked route which shall not be obstructed by locked gates during normal business hours, shall apply to all existing buildings. Section 102.3.1, Suspension of Approval. Whenever it is determined, however, that there is documentary evidence that the use of a material or method approved herein would constitute a distinct threat to life or property, the Director or the Director's designee shall have the authority to administratively suspend approval granted herein of such material or method. The Director or the Director's designee shall, within five (5) working days, request, in writing, the County Council to confirm such administrative suspension by resolution of the Council. Such written request of the Director or the Director's designee shall be submitted with sufficient technical data and record of national or local testing to substantiate that the use of an approved method or material would constitute a distinct hazard to life or property. Section 102.4.1, Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, provisions of this code shall apply. Nothing in this Subtitle shall be construed as rendering other Prince George's County Subtitles invalid. Where conflicts occur between adopted or referenced codes and standards, the more stringent adopted or referenced codes and standards code shall apply unless the Code Official or designee in his or her professional engineering judgement determines that the requested modification based a conflict meets the intent of the code and the Code Official's decision does not lessen health, accessibility, life and fire safety or structural requirements. Section 102.4.3, Updated Standards. Where existing standards or requirements adopted herein have been updated or superseded by the promulgating authority, such revised standard or requirement shall be deemed as prima facie evidence of compliance with the intent of the Subtitle.

Section 103.1 is amended to read as follows: The Building Code Official shall be such person as the Director of the Department of Permitting, Inspections, and Enforcement shall designate. The Fire Code Official shall be such person as the Director of the Department of Permitting, Inspections, and Enforcement shall designate with the concurrence of the Fire Chief. References in this Code to the term "Building Official or Code Official" shall be meant to refer to the Building Code Official except in references to fire safety provisions in which case the term "Building Official or Code Official" shall be meant to refer to the Fire Code Official.

Section 104.1.1 is added to read as follows: "Fire Safety Provisions." The Fire Code Official or the Fire Code Official's authorized representative shall enforce all fire safety provisions of this Code. Where references to fire safety provisions in this Code indicate the term "Building Official or Code Official," they shall be construed to refer to the Fire Code Official or the Fire Code Official's authorized representative. In any conflict of opinion concerning fire safety of structures, the decision of the Fire Code Official shall supersede. In all other matters relating to structures, the decision of the Building Code Official shall supersede. The Fire Code Official shall be responsible for the final technical interpretation of all fire safety provisions within this code. Section 104.7 is amended to read as follows: "Departmental Records." The Code Official shall keep official records of applications received, permits and certificates issued, fees collected, and reports of inspection hours. Construction Documents shall be retained in accordance with Section 107.5 of this Code. Section 104.11 is modified to include the following language: When determined in the opinion of the code official/designee, the applicant shall achieve compliance with future edition(s) or portions thereof, of codes/standards adopted by the county, where the adopted code/standard does not address, or where future edition(s) have more stringent requirements for the scope of work proposed by the applicant. Section 104.12 is added to read as follows: "Rulemaking Authority." The Code Official shall have authority as necessary in the interest of public health, safety, and general welfare, to adopt and promulgate rules and regulations, to interpret and implement the provisions of this Code to secure the intent thereof, and to designate requirements applicable because of local climate or other conditions. Such rules shall not have the effect of waiving the structural or fire performance requirements specifically provided for in this Code, nor shall such rules violate accepted engineering practice involving public safety.

Section 104.13 is added to read as follows: No official or employee of the Department shall directly or indirectly engage in any private work or business transaction or activity, which tends in any way to interfere with the performance of his or her duties, including: Furnishing of Services. Being engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building under the jurisdiction of the County's Building Codes, or the preparation of plans or specifications of a building under the jurisdiction of the County's Building Code, unless the official or employee is the principal owner of the building. Conflict with Official Duties. Engaging in any private work or business which conflicts with official duties or with the interest of the Department.

Section 105.2, Work Exempt from Permit. Notwithstanding the foregoing, except for property located within Chesapeake Bay Critical Area Overlay Zones, permits shall not be required for the following, provided that the construction does not result in any violation of this Subtitle and the building codes: Building Permits: A one-story detached accessory structure (tool, storage shed, playhouse and similar uses) on one- and two-family dwelling properties with less than one hundred fifty (150) square feet of floor space not designed or intended for occupation or habitation and limited to one (1) accessory structure only per property. All forms of impervious area less than five hundred (500) square feet except for parking surfaces (per property/lot) and except for impervious area in the public road right of way. A retaining wall not greater than two (2) feet in height unless supporting a structure. Fence(s) (4) feet or less in height a permit is not required except fences on a corner lot per Subtitle 27-421. Any component of fencing, regardless of height, that obstructs the public or private pedestrian path, building structure, access to a cross-walk or sidewalk, or other paved portion of the right-of-way; shall be prohibited, Satellite dish(es) not greater than two (2) feet in diameter and height. Residential: Installation of siding including vinyl siding replacement, roofing, or storm door/window installations, provided that no construction is involved. Painting, papering, tiling (floor), carpeting, installation of cabinets, countertops and similar finish work. Prefabricated swimming pools accessory to a one- and two-family dwelling occupancy (not any other use group or public swimming pool) that are less than 24 inches deep, are not greater than 5,000 gallons and are installed entirely above ground provided a four-foot fence is installed around the pool perimeter. Swings and other playground equipment accessory to detached one- and two-family dwelling. An agricultural building per Maryland Code, Pub. Safety § 12-508 and Subtitle 27. Consult with Prince George's Soil Conservation District for approval/permitting requirements. Unless required by the Code Official or designee, replacement (in-kind) of non-fire rated interior/exterior doors, with same door hardware and windows with no structural modification. If any of the above activities in this Section result in land disturbance that exceeds 5,000 square feet, exceeds 100 cubic yards of earth, and/or exceeds twelve inches of grade change, then a grading permit is required in accordance with Subtitle 32-127. If any of the above activities in this Section alter drainage patterns, then a permit is required. If any of the above activities involve the clearing of trees and/or woodland, the permittee shall receive approval or an exemption from The Maryland-National Capital Park and Planning Commission pertaining to tree conservation. Mechanical Permits: Portable heating appliance. Portable ventilation equipment. Portable cooling unit. Modification of steam, hot or chilled water piping within any heating or cooling equipment regulated by this code that does not alter its approval (Listing) or make it unsafe. Replacement of any part that does not alter its approval (Listing) or make it unsafe. Portable evaporative cooler. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less. One-to-one in-kind replacement of plug-in appliances. Replacement of gas appliances shall require a permit from Washington Suburban Sanitary Commission. Electrical Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Repairs/Replacement Permits Ordinary repairs and replacements, other than those that include cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; or include additions to, alteration of, replacement or relocation of water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. Ordinary repairs shall include replacement-in-kind of the following: Siding, roofing, gutters, leaders and downspouts, private sidewalks, driveways, patios, awnings and canopies (repair only), equipment, cabinets, slabs, handrails, window screens, or storm doors. Not more than 80 square feet (7.4 sq. meters) of gypsum board (dry wall) excluding installation of fire-rated gypsum wall board or shaft liner. Repair of non-fire rated interior/exterior doors and windows with no structural modification. Computation of the cost of repairs for purposes of this Section shall exclude carpeting replacement, electrical panel capacity upgrades, painting, wallpapering, re-grading and landscaping, lighting fixture replacements, appliance replacements, bathroom cabinetry and fixture replacements, and modifications necessary to comply with the Americans with Disabilities Act ("ADA") requirements. Each street address shall be considered a separate dwelling for application of this Section. All repairs for which a building permit is required that are conducted within a 365-day period shall be deemed a single cumulative repair cost for purposes of the application of this Section. Section 105.2.2.1, Historic Area Work Permit Requirement. Notwithstanding the provisions of Section 105.2.2, a Historic Area Work Permit must be issued by the Historic Preservation Commission prior to any work on the exterior features of a property that contains a historic site or unclassified historic resource identified on the master plan for historic preservation or that is located within a local historic district. At the time the Historic Area Work Permit is issued, the Historic Preservation Commission shall notify the Director, or the Director's designee by transmitting a copy of the Historic Area Work Permit to the Director. The Director, or the Director's designee shall maintain and enroll the Historic Area Work Permit into the registry of issued permits maintained by the Director. The Director shall not require the issuance of a County building permit for ordinary repairs as defined in Section 105.2.2, or for ordinary maintenance as defined in Section 29-107(d), in addition to any Historic Area Work Permit that is determined by the Historic Preservation Commission to be required. Section 105.2.2.2, Inventory of Historic Sites, Properties within Local Historic Districts, and Unclassified Historic Resources. The Director, or the Director's designee shall maintain an electronic inventory of historic sites, properties within local historic districts, and unclassified historic resources in Prince George's County. The Historic Preservation Commission shall transmit the listing of historic sites, properties within local historic districts, and unclassified historic resources to the Director or the Director's designee on or about January 1 and July 1 of each year. The listing shall be utilized to notify the Director or his Designee and applicants for County building permits issued by the Director or his Designee that the Historic Area Work Permit requirement described in Sec. 105.2.2.1 applies to any property that contains a historic site or unclassified historic resource or is located within a local historic district. The Director and/or his Designee shall not issue any permits for a property that contains a historic site or unclassified historic resource or is located within a local historic district, unless the Historic Preservation Commission has first issued a Historic Area Work Permit as required under Sec. 105.2.2.1. Section 105.3.1.1, Required Documents for Permits Application. The application shall include: (1) any and all documents showing the business partners of the owner or lessee involved in the operation and or ownership of the building structure or use for which the permit is being sought; (2) any and all organizational documentation of the entity that owns, uses or leases the building or structure; (3) any and all documents showing who will operate the business; and (4) any other data and information supported by documentation that is required by the Director or the Director's designee deemed necessary for furtherance of the intent of this Code. Section 105.3.1.2, Review of Application. The application will be reviewed to ensure that it conforms with all the requirements of the pertinent laws, including but not limited to the requirements of this Code, State and local laws and ordinances. An application for a permit will be reviewed by the Director or the Director's designee, in consultation with the Police Department and the Fire/EMS Department. The Director or the Director's designee shall have the authority to deny any application under the provisions of this Division and shall also have the authority to deny an application upon a violation of this Division. Section 105.3.1.3, Application Exemption. The Director or the Director's designee may refuse to accept an application for a permit from any applicant: (1) who is or was in default on a previously issued permit, or who is the permittee listed on an expired permit which is not currently in the process of being extended by County administrative action, or who has not fully complied with the application process; (2) for any other reason the Director or the Director's designee deems necessary in furtherance of the intent of this Code; or (3) for any reason that is necessary to maintain the health, safety and welfare of the public. Section 105.3.1.4, By Whom an Application is Made. Application for a permit shall be made by the owner or lessee of the building or structure, or the agent of either, or by the licensed engineer or architect employed in connection with the proposed work. If the application is made by a person other than the owner in fee, the applicant shall attest on the permit application or by separate written statement, that the proposed work is authorized by the owner in fee and that the applicant is authorized to make such application. The full names and addresses of the owner, lessee, applicant, and the responsible officer if the owner or lessee is a corporate body, shall be stated on the application. Subsequent permits will be issued in the name of the owner of record at time of permit issuance. Section 105.3.2, Time Limitation of an Application. An application for a permit for any proposed work shall be deemed to have been abandoned twelve (12) months after the date of filing, unless such application has been diligently pursued in good faith or a permit has been issued. Extensions of time may be authorized by the Director or the Director's designee. The Director or the Director's designee may request any documentation or certification deemed necessary and assess an extension fee as appropriate. Section 105.5, Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within one hundred eighty (180) days after the issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of one hundred eighty (180) days after the time the work is commenced. The Director or the Director's designee is authorized to grant, in writing, one or more extensions of time, for periods not more than one hundred eighty (180) days each. The extension shall be requested in writing and justifiable cause shall be demonstrated. Any permit issued for property within the area of a pending Sectional Map Amendment (as provided for in the County Zoning Ordinance) that is rezoned to a less intense zone, shall expire on its own terms upon approval of the Sectional Map Amendment by the District Council if a completed building foundation for a use not permitted in the less intense zone has not been completed. The Director or the Director's designee shall notify the permit holder of the expiration of the permit. Section 105.5.1, Expiration of Permit and Correction of Code Violations. Any permit issued for residential property to correct a building code or housing code violation issued pursuant to Subtitle 4 or Subtitle 13 of the County Code shall be issued only for a period of time reasonably necessary to correct the violation, not to exceed ninety (90) days. The initial period of the permit shall be established by the Director or the Director's designee based upon the extent of the work required to correct the violation. The permit may be extended or renewed for an additional period of one hundred eighty (180) days if, in the opinion of the Director or the Director's designee, the applicant has demonstrated substantial progress to complete the work in accordance with the permit and has demonstrated substantial justification for failure to complete the work within the period of the permit. The Board of Administrative Appeals shall have no authority to grant an extension to the period of the permit. Section 105.9, Building Location. No permit for building shall be issued for a structure that overlaps the County line. Location of the County line on the site plan shall be certified by a Professional Land Surveyor. Section 105.10, Date and Hours of Operation Limits. All permits shall be issued with date and hours of operation limits listed as determined by the Director or the Director's designee. All permits shall be issued indicating that no work shall be performed during the hours of 9:00 p.m. to 7:00 a.m., unless work is performed pursuant to Section 4-120 of this Subtitle. Section 105.1.3, After Hours Permit. Any request to work pursuant to a permit beyond permitted construction hours shall be made by application to the Code Official and shall be subject to noise regulations of Prince George's County Code and in accordance with the fee schedule established in Sec. 2-253.63. No after-hours permit shall be issued for work in an area zoned "residential" under the Zoning Regulations then in effect, or in an area within 500 feet (152 400 mm) of such residential zone, or within 500 feet (152 400 mm) of a building with sleeping quarters, unless the Code Official determines that not issuing such permit would pose a threat to public safety, health and welfare.

Section 105.6, Suspension or Revocation and Reissuance of Permits. Section 105.6, Suspension or Revocation and Reissuance of Permits. The Director or the Director's designee is authorized to suspend or revoke a permit issued under the provisions of this Code as follows: (1) whenever the permit is issued in error, (2) incorrectly, (3) inaccurately, (4) in an incomplete manner, (5) for any reason that is necessary to maintain the health, safety and welfare of the public, (6) in violation of any ordinance, regulation or any of the provisions of this Code, and (7) the Director or the Director's designee, in consultation with the Police Department and the Fire/EMS Department, shall have the authority to deny, suspend, or revoke any application or permit under the provisions of this Division and upon a violation of this Division. In addition, the failure to have utility lines located on site through the Utility Service Protection Center ("Miss Utility") and any nonmember utilities prior to starting any excavation deeper than twelve (12) inches will result in permit revocation. A permit under which no work has commenced and an inspection has not been performed within one hundred eighty (180) days after issuance shall expire and become null and void; provided, however, that the Director or the Director's designee may extend the time herein not to exceed an additional one hundred eighty (180) days upon sufficient justification shown. A permit under which work has been started and later suspended or discontinued shall expire and become null and void six (6) months after the work has stopped. Work will be considered suspended or discontinued when the builder fails to prosecute the work so as to ensure completion within a reasonable period of time considering the type of construction involved. The Director or the Director's designee may extend the time herein not to exceed an additional twelve (12) months upon sufficient justification shown. A permit issued in error or not in compliance with County Code at time of issuance may be suspended by the Director or the Director's designee. When a permit has expired for failure to commence work, it may be renewed within a period of thirty (30) days from the date of expiration if the conditions under which the permit was originally issued have remained unchanged and there has been no change in law or ordinance that would adversely affect the permit. A fee shall be collected for each renewal; however, no permit may be renewed more than two (2) times. Whenever the Director or the Director's designee determines by inspection that work started on any building or structure for which a permit has been issued has been suspended for a period of six (6) months, the owner of the property upon which the structure is located, or other person or agent in control of said property, shall, within thirty (30) days from the receipt of written notice from the Department, obtain a new or renewal permit to complete the required work and diligently pursue the work to completion, or shall remove work not completed or demolish the incomplete structures or buildings within sixty (60) days from the date of the printed notice. Permits suspended for failure to comply with the County Code or ordinances may be reinstated by the Director or the Director's designee upon compliance or approved validation. A permit issued for property within the area of a pending Sectional Map Amendment, as provided for in Subtitle 27 of this Code, that is rezoned to a less intense zone, shall expire if a completed building foundation for a use not permitted in the less intense zone has not been constructed pursuant to a validly issued permit prior to District Council approval of the Sectional Map Amendment. The determination of the Director or the Director's designee made in accordance with Subsection 105.5.1 of this Subtitle shall not be appealable to the Board of Appeals. The Director or the Director's designee may reissue a permit subject to all applicable laws or regulations in effect at the time the permit was originally issued, for a period not to exceed one (1) year after expiration provided that: The County Executive, by Executive Order, has made a finding of severe economic factors adversely affecting real estate development and construction in the County during a specified period and the County Council has been notified by the County Executive of such finding at least seven (7) days prior to issuance of the Executive Order; There is a reasonable showing that these economic factors contributed to the expiration of the permit; There has been no change in the zoning of the property which would affect the issuance of the permit; and A processing fee has been paid in an amount equal to the amount that would be required if the permit was renewed. Subsection 105.6.1, Revocation of Permits. In addition, the failure to locate utility lines on site, prior to starting any excavation deeper than twelve (12) inches, by not contacting in due time the Utility Service Protection Center, "Miss Utility," and nonmember utilities, as known, and having such utilities locate lines on site, shall be cause - irrespective of whether or not a utility line is ruptured - for revocation of the permit. In order to continue work for which a permit has been revoked, a new application shall be required as specified in Section 105, Permits of IBC/IRC. A new 105.1.3.4 Post Construction Permit. Any owner cited for unpermitted construction shall be required to obtain a "Post Construction Permit" to complete and certify that the unpermitted construction is in compliance with the Code or to remove the unpermitted work. The Post Construction Permit fee must be paid in addition to any other fees required to obtain permits. Post construction plans submitted for approval must be certified by a Maryland Registered Professional Engineer (PE) or a Maryland Licensed Architect. Section 105.7 - Posting of permit. The permit, or a copy thereof, shall be kept on the work site and conspicuously displayed at a location visible from the street until the completion of work for which the permit is issued.

Amend section 107.2.1 of IBC to include the following: All construction documents shall be: Drawings to scale (1/8 = 1' - 0" minimum as determined by the Code Official or designee.) Maximum sheet size 24 × 36 No pencil/No handwriting Title block that includes project address and design professional's contact information including e-mail address Signed and sealed plans (original/digital signature) with Maryland State License #, Expiration Date and Professional Statement, where applicable or when required by Code Official or designee. Key plan showing proposed location within a building when space is not within a standalone building Energy Calculation, where applicable or when required by code official or designee Code Analysis indicating applicable codes with the code editions Building data including: Construction Type (as per IBC) Use Group Classification(s) (as per IBC) Height and number of stories Area (square footage) of building, each floor and of tenant space Indicate if any fire protection systems and type are present (fire alarm, sprinkler, smoke detection, smoke control, voice alarm, etc.) Occupant load calculation (Include the area of each room/space, occupant load factor used, occupant load of each room/space and the total occupant load for the entire tenant space.) Section 107.2.5.9., Location of Underground Utility Lines Prior to Commencement of Work. For all work that requires excavation deeper than twelve (12) inches, the permit holder (permittee) accepting the permit agrees to contact the Utility Service Protection Center, "Miss Utility," and nonmember utility companies, as known, in due time and prior to beginning any excavation work for the purpose of having each utility company locate its lines on site. In the event that the permittee fails to obtain the services of the utilities, then in such event, and irrespective of whether or not a utility line is ruptured, the Director or the Director's designee may revoke the building or grading permit, or both. In such event, all fees paid to the County shall be forfeited and, in order to continue work, a new application with requisite fee for a permit shall be filed. Drawings shall be reexamined to determine that all utilities have been located and verified by the utility companies having knowledge of the location of such underground utilities. However, in the event any or all of the respective utility companies fail to furnish the requisite information to the permittee within a reasonable period of time as determined by the Director or the Director's designee under all of the circumstances, then, in such event, the foregoing revocation provisions shall not apply. Section 107.2.10. Acknowledgement of Final Grade. Builders and developers shall place on record with each utility company a written acknowledgment that final grade has been achieved to within six (6) inches. Utility lines shall not be installed until such acknowledgment has been received by the utilities. Section 107.11., Fire Protection Engineering Design Evaluation (FPEDE). All plans and specifications for which a building permit is required for buildings of the Use Groups listed in this Section shall be evaluated in accordance with the requirements of this Section for design compliance with adopted fire related code requirements concerning: Documentation of the title and edition of all applicable State and local Building and Fire codes and standards, and amendments thereto, on which the design is based; Designated Use Group Classification(s) of all spaces; Type of construction requirements identified, with supportive calculations; Documentation of fire endurance ratings of structural elements and related components (walls, floors, roofs, parapets, opening protectives); Height and area calculations and limitation compliance and required property line setback criteria; Occupant load calculations and egress capacity and travel distance analysis; Interior finishes analysis; Fire protection systems required (suppression, fire alarm, smoke detection, heat detection, smoke control, other required fire protection systems); Fire hydrant locations, fire department connection locations, and emergency fire and medical vehicle access; Emergency lighting and emergency power systems; Applicable provisions of Chapter 4 of the IBC, "Special Detailed Requirements Based on Use and Occupancy"; and Compliance with applicable NFPA Codes and Standards for specific processes, materials, or hazards which are referenced within the IBC, the NFPA 101, Life Safety Code or NFPA 1 Fire Code. A written Fire Protection Engineering Design Evaluation (FPEDE) concerning these items shall be submitted with the plans accompanying the application for a building permit. It shall be in the format established by the Director or the Director's designee and shall be signed and sealed by the preparer. If, in the course of performing the FPEDE, the evaluating fire protection engineer determines that there are fire related code deficiencies in the drawing or specifications, all such deficiencies shall be remedied prior to the submittal of the FPEDE and the building permit application and drawings. A tracking of the deficiencies and their resolution must be included. The FPEDE must include a signed and sealed statement by both the evaluating fire protection engineer and the engineer or architect of record attesting: "These drawings and specifications are in full compliance with the fire safety provisions of all adopted State and local Building Code, Fire Codes, Mechanical Codes, local amendments and referenced codes and standards to the best of their knowledge and belief." A firm or person conducting FPEDE must be independent from the design team. Section 107.3.11.1, Use Groups and Fire Protection Systems Requiring a Fire Protection Engineering Design Evaluation (FPEDE) unless otherwise determined by the Code Official. A FPEDE is required for the following buildings or fire protection systems for which a building permit application is made: Use Group "A", Assembly, with an occupant load of one thousand (1,000) persons or more for a new building, an addition to an existing Assembly building or occupancy change of a building to an Assembly occupant type; Use Group "H", High Hazard; For new building, an addition to an existing building or occupancy change when exceeding a construction cost of $100,000 or the area of work exceeds 1,000 square feet. Use Groups "I-2" and "I-3", Institutional; For new building, an addition to an existing building or occupancy change when exceeding a construction cost of $100,000 or the area of work exceeds 1,000 square feet. Use Group "M" exceeding thirty thousand (30,000) square feet in gross area, including all covered malls and open malls exceeding thirty thousand (30,000) square feet in gross area; Use Groups R-1 and R-2 with an estimated construction cost of Ten (10) Million Dollars ($10,000,000.00) or more; Any Use Group when deemed necessary by the Director or the Director's designee due to complexity or scope of the design; Any automatic fire suppression, fire detection, fire alarm or smoke management system shop drawings when deemed necessary by the Director or the Director's designee due to complexity or scope of the design; Any building design for a Use Group when deemed necessary by the Director or the Director's designee due to submission of drawings containing extensive or repeated code deficiencies, which create an undue burden upon the review process. The completed FPEDE must be submitted with the initial plan submission for the review to take place. The FPEDE must include any comments given during the review and how they were remedied as part of the report submitted for review. Section 107.3.11.2, Qualifications of Fire Protection Engineering Design Evaluation (FPEDE) Preparer. The FPEDE must be prepared by a Fire Protection Engineer who is a registered professional engineer in the State of Maryland. The preparer must also possess: A Bachelor of Science degree in Fire Protection Engineering from an Accreditation Board for Engineering and Technology (ABET) accredited University; or At least five (5) years of documented experience as a professional engineer in the review and evaluation of buildings and fire protection systems for code compliance; and Verification of qualifications must be provided with each FPEDE submission to verify qualifications, if requested by the Director or the Director's designee. Section 107.3.3.1, Approval of Partial Plans. The code official is authorized to issue a partial permit for the construction of foundations or any other part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the County Building Code. Issuance of a partial permit by the code official does not constitute assurance that a permit for the entire structure will be granted. The holder of such partial permit for the foundations or other part of a building or structure will proceed with the building operation at the holder's own risk and without assurance that a permit for the entire structure will be granted. Transitory Provisions Applicable Codes. The laws and regulations in force on the date that a new edition of the Construction Codes are adopted pursuant to the sections below. Existing Valid Permit. Work authorized by a permit issued before the effective date of the new edition of the Construction Codes shall be allowed to be carried to completion, subject to the conditions of Sections 105.5 and 105.6. Existing Filed Application. Applications for permits for which the application filing deposit has been paid before the effective date of the new edition of the Construction Codes, pursuant to Section 108.2.1.1, shall be allowed to be processed to issuance of the permit, and any work authorized thereby shall be allowed to be carried to completion, under the edition of the Construction Codes in effect on the date said applications were filed, subject to the following conditions: Each such application shall have been filed accompanied by plans and other information conforming to Sections 106.1 and 106.1.1, sufficiently complete to allow processing of the permit without substantial change or deviation; Each such permit shall be paid in full and taken out by the applicant within one year after the effective date of the new edition of the Construction Codes; All work authorized by such permit shall be carried to completion under the terms of the permit; and Permits granted under Section 123.1.2 shall not be extended if permitted to expire, pursuant to Section 105.5, or if revoked pursuant to Sections 105.6 and 105.6.1. Existing Design Contracts. Buildings and other structures under contract for design on the effective date of the new edition of the Construction Codes, for which no permit applications have been filed, shall be allowed to be filed, processed to issuance of permit, and any work authorized thereby shall be allowed to be carried to completion, under the previous edition of the Construction Codes, subject to the following conditions: The applicant shall file the permit application, accompanied by plans and other information conforming to Sections 106.1 and 106.1.1 of the new edition of the Construction Codes, sufficiently complete to allow processing of the permit without substantial change or deviation, within one year after the effective date of the new edition of the Construction Codes; The applicant shall submit a copy of the design contract, with a notarized affidavit stating that the submitted copy is a true and accurate copy of the contract for the design of the building or other structure, that the contract was in effect on or before the effective date of the Construction Codes, and that the design submitted with the permit application was made under such contract; The permit shall be obtained, and the permit fee paid in full by the applicant within one year after the filing date; All work authorized by such permit shall be carried to completion under the terms of the permit; and Permits granted under Section 123.1.3 shall not be extended if permitted to expire pursuant to Section 105.5, or if revoked pursuant to Sections 105.6 and 105.6.1. Tenant Layout Permits. The work necessary to finish the interior layout of every tenant space of a building permitted under previous editions of the Construction Codes for first occupancy of each such tenant space, shall be considered part of the completion of said building, and the permits for such tenant work shall be allowed to be processed under the same edition of the Construction Codes as the base building permit utilizing IEBC, regardless of when the tenant layout project began. Violations or Infractions. The laws and regulations in force on the date that a new edition of the Construction Codes is adopted and shall apply with respect to violations or infractions committed prior to said date, whether the prosecutions or adjudications of those violations of infractions are begun before or after said date.

Section 114.2 of the IBC is amended to read as follows: "Notice of Violation" 114.2.1 Issuance of Notice of Violation The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 114.2.2 Administrative Lien Upon issuance of a notice of violation, the Building Official may place an administrative lien on the property that shall serve as notice to prospective purchasers, lessees, or other transferees. The Building Official may release the administrative lien upon abatement or correction of the underlying violation(s) giving rise to the notice of violation or upon verification that the prospective purchaser, lessee, or other transferee has been notified of the existence of the Stop Work Order. Section 114.4 of the IBC is amended to read as follows: "Violation Penalties" 114.4.1 Civil Penalties: Any person, firm, association, partnership, corporation, or combination thereof who shall violate a provision of the International Building Code (IBC) or of this Subtitle, or fail to comply with any of the requirements thereof, violates a lawful order issued thereunder, or any person who shall erect, construct, alter, or repair a building or structure or mechanical or electrical system without all required permits or in violation of an approved plan or directive of the Building Official, or of a permit or certificate issued under the provisions of this Subtitle or the IBC may be liable for a civil fine in accordance with the provisions of this section. A civil fine imposed under this subsection is in addition to any other sanction provided by law. A civil fine may be assessed in conjunction with a written notice of violation or through the issuance of a civil citation or an administrative citation in accordance with the provisions of this Subtitle. 114.4.1.1 Civil Fine Imposed Through Notice of Violation: When a civil fine is imposed through a notice of violation, the notice of violation shall state the amount of the civil fine and a description of the circumstances giving rise to the assessment. A civil fine imposed through a notice of violation shall be one thousand dollars ($1,000) per violation. Each day that a violation continues shall be deemed a separate offense. A civil fine assessed through a notice of violation shall be due and payable within 30 days after the Building Official issues the written notice. 114.4.1.1.1 Appeal of Civil Fine Issued Through Notice of Violation: A written notice of violation assessing a civil fine under this section shall be a final decision of the Director or the Director's designee. 114.4.1.1.2 Recording of Civil Fine as tax lien: If a civil fine imposed through a notice of violation has not been paid within 30 days after the written notice of violation, the Director may cause the written notice of violation to be recorded with the Director of Finance for Prince George's County. Recordation of the notice of violation shall constitute a lien on the subject property and shall be collected in the same manner as other County real estate taxes. The filing of an appeal of a civil fine shall not affect the recordation of a tax lien under this subsection. Upon receiving notice that a duly adjudicated appeal has resulted in a decision in favor of an appellant regarding a civil fine imposed under this subsection, the Director of Finance shall release the tax lien. 114.4.1.2 Civil Fine Imposed Through Civil Citation 114.4.1.2.1 In the event that a responsible party does not comply with a notice of violation within the time period provided, including any period allowed by appeal, and upon verification by the Director or the Director's designee that the violation still exists, the Director or the Director's designee may issue upon the responsible parties a civil citation pursuant to Subtitle 28, Division 3, of this Code. 114.4.1.2.2 Separate Violation: Each day the violation continues is deemed a separate offense and is subject to an additional citation and fine in the same dollar amount as the repeat citation(s). 114.4.1.2.3 Civil Citation in addition to other sanctions: A civil citation imposed under this subsection is in addition to any other sanction provided by law. 114.4.1.3 Administrative Citation 114.4.1.3.1 In lieu of issuing a civil citation pursuant to Section 114.4.1.2 above, upon verification of a violation of this Section, the Director or Director's designee may issue upon the responsible parties an administrative citation as that term is defined in Section 13-1121 of this Code. 114.4.1.3.2 In addition to any other matters that the Director prescribes, the issuance of an administrative citation shall comply in all respects with the requirements of Sec. 13-1125 of this Code. 114.4.1.3.3 Administrative citations issued under this subtitle shall be adjudicated in accordance with the provisions outlined in Sections 13-1126, 13-1127, 13-1128, 13-1129, 13-1130, 13-1131, and 13-1132 of this Code. 114.4.1.3.4 A civil fine imposed through an administrative citation under this section shall be One Thousand dollars ($1,000.00) per violation and shall be due and payable within 30 days after the citation is issued. Each day that a violation continues shall be deemed a separate offense. Section 114.5 of the IBC is added and shall read as follows: 114.5 Disclosure Requirements: 114.5.1 Disclosure to Prospective Purchaser or Lessee: When the owner of a dwelling unit or structure has received a notice of violation issued under this Subtitle, the owner shall provide a copy of the notice of violation to a prospective purchaser or lessee. 114.5.2 Recordation: The Director may record a notice of violation issued under this Subtitle among the land records in the Circuit Court for Prince George's County.

Section 115.2 of the IBC is amended to read as follows: 115.2.1 Issuance Upon notice from the Building Official that work on any building or structure is being executed contrary to the provisions of this code or in an unsafe and dangerous manner, such work shall be immediately stopped. The Stop Work Order shall be in writing and shall be given to the owner of the property involved, the owner's authorized agent or the person performing the work. Upon issuance of a Stop Work Order, the cited work shall immediately cease. The Stop Work Order shall state the reason for the order and the conditions under which the cited work will be permitted to resume. Stop Work Order will be in full force until all fees and penalties are paid and permits have been secured for all illegal and/or unpermitted construction. 115.2.2 Administrative Lien Upon issuance of a Stop Work Order, the Building Official may place an administrative lien on the property that shall serve as notice to prospective purchasers, lessees, or other transferees. The Building Official may release the administrative lien upon abatement or correction of the underlying violation(s) giving rise to the Stop Work Order or upon verification that the prospective purchaser, lessee, or other transferee has been notified of the existence of the Stop Work Order. Section 115.3 of the IBC is amended to read as follows: Unlawful Continuance: 115.3.1 Civil Penalties: Any person, firm, association, partnership, or corporation, or combination thereof, who shall continue work in violation of the provisions of a Stop Work Order, or shall remove or cause to be removed a Stop Work Order sign still in effect and operation, may be liable for a civil fine in accordance with the provisions of this section. A civil fine imposed under this subsection is in addition to any other sanction provided by law. A civil fine may be assessed in conjunction with a written notice of violation or through the issuance of a civil citation or an administrative citation in accordance with the provisions of this Subtitle. 115.3.1.1 Civil Fine Imposed Through Notice of Violation: When a civil fine is imposed through a notice of violation, the notice of violation shall state the amount of the civil fine and a description of the circumstances giving rise to the assessment. A civil fine imposed through a notice of violation shall be one thousand dollars ($1,000) per violation. Each day that a violation continues shall be deemed a separate offense. A civil fine assessed through a notice of violation shall be due and payable within 30 days after the Building Official issues the written notice. 115.3.1.1.1 Appeal of Civil Fine Issued Through Notice of Violation: A written notice of violation assessing a civil fine under this section shall be a final decision of the Director or the Director's designee. 115.3.1.1.2 Recording of Civil Fine as tax lien: If a civil fine imposed through a notice of violation has not been paid within 30 days after the written notice of violation, the Director may cause the written notice of violation to be recorded with the Director of Finance for Prince George's County. Recordation of the notice of violation shall constitute a lien on the subject property and shall be collected in the same manner as other County real estate taxes. The filing of an appeal of a civil fine shall not affect the recordation of a tax lien under this subsection. Upon receiving notice that a duly adjudicated appeal has resulted in a decision in favor of an appellant regarding a civil fine imposed under this subsection, the Director of Finance shall release the tax lien. 115.3.1.2 Civil Fine Imposed Through Civil Citation 115.3.1.2.1 In the event that a responsible party does not comply with a notice of violation within the time period provided, including any period allowed by appeal, and upon verification by the Director or the Director's designee that the violation still exists, the Director or the Director's designee may issue upon the responsible parties a civil citation pursuant to Subtitle 28, Division 3, of this Code. 115.3.1.2.2 Separate Violation: Each day the violation continues is deemed a separate offense and is subject to an additional citation and fine in the same dollar amount as the repeat citation(s). 115.3.1.2.3 Civil Citation in addition to other sanctions: A civil citation imposed under this subsection is in addition to any other sanction provided by law. 115.3.1.3 Administrative Citation 115.3.1.3.1 In lieu of issuing a civil citation pursuant to Section 115.3.1.2 above, upon verification of a violation of this Section, the Director or Director's designee may issue upon the responsible parties an administrative citation as that term is defined in Section 13-1121 of this Code. 115.3.1.3.2 In addition to any other matters that the Director prescribes, the issuance of an administrative citation shall comply in all respects with the requirements of Sec. 13-1125 of this Code. 115.3.1.3.3 Administrative citations issued under this subtitle shall be adjudicated in accordance with the provisions outlined in Sections 13-1126, 13-1127, 13-1128, 13-1129, 13-1130, 13-1131, and 13-1132 of this Code. 115.3.1.3.4 A civil fine imposed through an administrative citation under this section shall be One Thousand dollars ($1,000.00) per violation and shall be due and payable within 30 days after the citation is issued. Each day that a violation continues shall be deemed a separate offense. 115.3.2 Criminal Penalties: Any person, firm, association, partnership, or corporation, or combination thereof, who shall continue work in violation of the provisions of a Stop Work Order, or shall remove or cause to be removed a Stop Work Order sign still in effect and operation, shall be guilty of a misdemeanor, punishable by a fine of not more than One Thousand Dollars ($1,000.00) per violation for as long as that the unlawful work continues, or imprisonment for six (6) months, or both. Section 115.4 is added and shall read as follows: 115.4 Disclosure Requirements: 115.4.1 Disclosure to Prospective Purchaser or Lessee: When a stop work order has been issued under this Subtitle and remains effective at the time of a prospective transfer or lease, the owner shall provide notice of the stop work order to a prospective purchaser or lessee. 115.4.2 Recordation: The Director may record evidence of a stop work order issued under this Subtitle among the land records in the Circuit Court for Prince George's County.

Section 111.1.1, One-Family Dwelling Units. Prior to the consummation of the sale (settlement) of any new, one-family dwelling, including the sale of a new condominium unit which is offered for sale for the first time, there shall be an inspection of the unit and premises by the Director or the Director's designee and a Certificate of Occupancy issued or a list of the violations or deficiencies requiring correction prior to issuance of such certificate. At the time of consummation of such sale, the Certificate of Occupancy, or a list of the deficiencies or violations which remain to be corrected prior to issuance of such Certificate, shall be presented to the builder. Unless contractually relieved of such responsibility, the seller shall be responsible for correction of any violations or deficiencies necessary for the Certificate to be issued. When a Certificate of Occupancy has not been issued prior to consummation of the sale, there shall be required a separate, written contractual agreement indicating responsibility for correction of all deficiencies or violations cited by the Department of Permitting, Inspections, and Enforcement by a date certain. The provisions of this Section are not applicable when a new dwelling unit is purchased for resale as a new dwelling unit. Nothing herein shall be construed to relieve a builder or seller of a dwelling unit from any responsibility for correction of building code violations which were caused, created, or constructed by the builder or seller, and the transfer of title to the property to a subsequent owner shall not relieve the builder or seller of the responsibility for making such corrections. Section 113.9, Transfer of Ownership. It shall be unlawful for the owner of any building or other structure upon whom a notice of violation or order has been served to see, transfer, mortgage, lease or otherwise dispose of such building or other structure to another person or entity until the provisions of the notice or order have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any notice or order issued by the Code Official and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice or order and fully accepting responsibility without condition for making the corrections or repairs required by such notice or order. Section 111.1.2, Issuance of Certificates of Occupancy. No Certificate of Occupancy for any building or structure, erected, altered, repaired, changed to a different use group, or transferred to a new owner or occupant shall be issued unless such building or structure was erected, altered, or repaired and is otherwise in compliance with the provisions of this Division and other provisions of State or local laws, ordinances, and regulations. A Use and Occupancy Verification Letter shall be issued in compliance with the provisions of this Division and other provisions of State or local laws, ordinances, and regulations. Such Verification Letter shall certify to the owner of any building or structure that the current use of building is compliant with applicable parts of this Subtitle, and other applicable State or local laws, ordinances, and regulations. Exceptions: All buildings which undergo a change of owner or tenant only, with no construction and with no change of intended occupancy classification and use per IBC/IRC, are not required to meet the fire safety requirements for a new building in order to obtain a Certificate of Occupancy. Such buildings are required to comply with the provisions of state and local laws, ordinances, and regulations with respect to fire safety for existing buildings. Section 111.2.1, Change of Use Group, Owner or Tenant. No change in use group, owner, or tenant of a building, structure, or land shall be permitted, wholly or in part, until a new Certificate of Occupancy has been issued by the Building Official certifying compliance with applicable parts of this Subtitle and other applicable State or local laws, ordinances, and regulations. This provision shall not apply to a change of tenant for R-2, change of owner or tenant for R-3, or change of tenant for R-4 structures. Section 111.5, Uninhabitable Dwellings. When the Director or the Director's designee has determined that a dwelling is unfit for human habitation pursuant to Subtitle 13 of the County Code and the dwelling has remained unoccupied for a subsequent period of one hundred eighty (180) days, the Director or the Director's designee shall revoke the Certificate of Occupancy, or if no Certificate of Occupancy has been issued, the Director or the Director's designee shall revoke authorization for the dwelling to be occupied and require that a Certificate of Occupancy be obtained prior to any occupancy of the dwelling. The notice of revocation shall specify the violations of Subtitle 13 and the corrective action required for each violation. Within one hundred eighty (180) days after the date of the revocation of the Certificate of Occupancy, the owner of the dwelling shall apply for a building permit to correct the violations. The application for a building permit shall include a rehabilitation plan which identifies all of the work required to be performed and a schedule for performing the work. The permit shall be issued for a period of one hundred eighty (180) days and may be renewed once for another one hundred eighty (180) day period if, in the opinion of the Director or the Director's designee, the applicant has demonstrated substantial progress in accordance with the rehabilitation plan and has demonstrated substantial justification for failure to complete the work in accordance with the rehabilitation plan. If the owner of the dwelling does not submit a rehabilitation plan within one hundred eighty (180) days after the date that the Certificate of Occupancy was revoked, or if the owner of the dwelling fails to complete the work required to be performed by the rehabilitation plan prior to the expiration of the building permit, including any renewal period, the dwelling shall be considered abandoned and the Director or the Director's designee shall cause the dwelling to be demolished in accordance with the provisions of Subtitle 13.

Section 113.2 is hereby amended to read as follows: Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code and shall not have jurisdiction over matters for which adjudication or appeal is expressly assigned. Section 113.4 of the IBC is hereby added as follows: Construction in the One Hundred (100) Year Floodplain. In accordance with Section 32-210, variances for construction in the One Hundred (100) Year Floodplain shall be issued by the Board of Administrative Appeals upon: A showing of good and sufficient cause; A determination that failure to grant the variance would result in exceptional hardship to the applicant; A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; A determination that the variance is the minimum necessary to afford relief upon consideration of the flood hazard; and Upon meeting the performance standards of Section 401.2 or 401.3 of the "Flood Proofing Regulations," promulgated by the Office of the Chief of Engineers, U.S. Army, Washington, District of Columbia. A determination that the variance is in compliance with Subtitle 32 Section 32-203 through 32-212. The Board of Administrative Appeals shall notify the aggrieved party, in writing, of its decision that: The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and Such construction below the base flood level increases the risks to life and property. Such notification shall be maintained with a record of all variance actions, as required in Section (4)(B). Each decision of the Board of Administrative Appeals, with respect to the granting or denial of a variance, as described herein, shall be forwarded to the Department of Permitting, Inspections and Enforcement and to the Prince George's County Planning Board. The Department of Permitting, Inspections and Enforcement shall: Maintain a record of all variance actions, including justification for their issuance; and Report such variances issued in its annual report submitted to the Federal Insurance Administrator.

Section 116.3, Notice. If an unsafe condition is found in a building or structure, the Director or the Director's designee shall serve on the owner, agent, or person in control of the building or structure a written notice describing the building or structure deemed unsafe and specifying the required repairs or improvements to be made to render the building or structure safe and secure, or requiring the unsafe building or structure, or portion thereof, to be demolished within a stipulated time. Such notice shall require the person thus notified to immediately declare to the Director or the Director's designee his acceptance or rejection of the terms of the order. Section 116.3.1, Notice Involving Historic Resource. If a building or structure found to be unsafe by the Director or the Director's designee is an identified historic resource on the Adopted and Approved Historic Sites and District Plan of Prince George's County, Maryland, a copy of the notice shall also be sent to the Historic Preservation Commission and demolition shall not be authorized without approval of the Historic Preservation Commission, except when an emergency situation exists where there is actual and immediate danger of collapse or failure of the building or structure, or any part thereof, which would endanger human life.

Section 117.1, Imminent Danger. When, in the opinion of the Director or the Director's designee, there is imminent danger of failure or collapse of a building or structure or any part thereof which endangers life or when any structure or part of a structure has fallen and life is endangered by the occupation of the building or structure, the Director or the Director's designee is hereby authorized and empowered to order and require the occupants to vacate the same forthwith. The Director or the Director's designee shall cause to be posted at each entrance to such structure, a notice reading as follows: 'This structure is unsafe and its occupancy has been prohibited by the Director or the Director's designee.' It shall be unlawful for any person to enter such structure except for the purpose of making the required repairs or of demolishing the same. Subsection 117.1.1, Abatement of Uncompleted Structures. In the event that the responsible party fails to complete construction of a structure at the time of expiration, abandonment, or revocation of the building permit, and in the event that the responsible party fails to comply with the lawful order of the Director or the Director's designee to make safe by the completion of the construction or to demolish an unsafe and uncompleted structure, the Director or the Director's designee shall cause emergency work to be completed as required, to abate the unsafe conditions by appropriate means, including the demolition and removal of dangerous structures, using such public or private resources required and available. Section 117.1.2, Abatement of Unsafe Conditions. When, in the opinion of the Director or the Director's designee, there is an imminent danger to human life or the public welfare due to an unsafe condition, the Director or the Director's designee shall cause the necessary work to be done to eliminate the condition including, but not limited to, the demolition of the structure or structures. The Director or the Director's designee shall cause to be published, for three (3) consecutive days, in a County newspaper of record, notice setting forth the address of the building; a description of the real estate sufficient for its identification; a statement that the property is unsafe and constitutes an immediate and continuing hazard to the community; and a statement that the County intends to demolish same if the owner fails to do so. The provisions of Section 4-121(a) shall not apply. A person objecting to the proposed actions of the County may file an objection in an appropriate form in a court of competent jurisdiction. If the building is not demolished within thirty (30) days of mailing the notice to the owners of record, or within thirty (30) days of the last day of publication of the notice in a County newspaper of record, whichever is later, the Director or the Director's designee shall have the power to demolish the structure or structures. Section 117.2, Temporary Safeguards. When, in the opinion of the Director or the Director's designee, there is imminent danger due to an unsafe condition, the Director or the Director's designee shall cause the necessary work to be done to render such structure temporarily safe, whether or not the legal procedure herein described has been instituted. The Director or the Director's designee shall cause the necessary work to be completed in the following manner: to secure doors and windows the material shall be cut to fit either within the recess of the exterior finish wall if the door or window is recessed or to fit on the door or window trim if the trim is applied on top of the exterior wall. The preferred material for windows shall be a transparent material such as Lexan or Plexiglas. If solid materials are used to secure either windows or doors, the solid material shall be painted either white or to match the color of the trim. At the time the structure is secured, the Director or the Director's designee shall notify the owner that the temporary measures have been taken and that the owner is required to restore the structure within thirty (30) days and that the owner is subject to citation directing that the building be repaired to restore the building envelope. If the structure is not restored within thirty (30) days, the owner shall be fined one thousand dollars ($1,000) for each month that the structure is not restored and that the violation continues. For damage to the building as a result of a storm or fire, the Director or the Director's designee may exercise discretion to extend the initial 30-day period without assessing a fine where the owner and insurer are promptly and actively undertaking repairs to the building. Section 117.3, Closing Streets. When necessary for the public safety, the Director or the Director's designee shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to the unsafe structure and prohibit the same from being used. Section 117.4, Emergency Repairs. For the purpose of this Section, the Director or the Director's designee shall employ the necessary labor and materials to perform the required work as expeditiously as possible. Section 117.5, Cost of Emergency Repairs. Costs incurred in the performance of emergency work shall be paid from the treasury of the jurisdiction on certificate of the Building Official. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe condition was located for recovery of such costs, including, but not limited to, certification for a tax lien as provided by Section 117.7. Section 117.6, Unsafe Equipment. Equipment deemed unsafe by the Director or the Director's designee shall not be operated after the date stated in the notice unless the required repairs or changes have been made and the equipment has been approved, or unless an extension of time has been secured from the Director or the Director's designee in writing. Section 117.6.1, Authority to Seal Equipment. In the case of an emergency, the Director or the Director's designee shall have the authority to seal out of service immediately any unsafe device or equipment regulated by this Code. Section 117.6.2, Unlawful to Remove Seal. Any device or equipment sealed out of service by the Director or the Director's designee shall be plainly identified in an approved manner. The identification shall not be tampered with, defaced or removed except by the Director or the Director's designee and shall indicate the reason for such sealing. Section 117.7, Creation of a Tax Lien. There is created a tax lien on real property for monies expended by the County for the making safe of buildings or structures and/or abatement of other unsafe nuisances or conditions constituting a danger to the public health and safety. Upon certification from the County Attorney that a tax lien has been created, the amount of such lien shall be collected by the Director of Finance in the same manner as other County real estate taxes.

The following definition shall apply to Section 105 as set forth in Section 4-111 of this Code: Building Foundation: The placement of a shallow foundation, a deep foundation, or DPIE-approved ground-improvement methods placed or performed to adequately and safely support all superimposed live and special loads of the building or structure for which the building permit has been issued, and that complies with all requirements of Chapter 18 of the IBC and Chapter 4 of the IRC. The following amendments, additions, and/or deletions are made to Sections 202 of the IBC and the IRC: Condominium: The ownership of single units in a multiunit structure with common elements. Condominium Project: A real estate condominium project; a plan or project whereby five or more apartments, rooms, office spaces, or other units in any existing or proposed building or buildings are offered or proposed to be offered for sale. Condominium Unit: An enclosed space consisting of one or more rooms occupying all or part of one or more floors in buildings of one or more floors or stories regardless of whether they are designed for residence, for office, for the operation of any industry or business, for any other type of independent use, and shall include such accessory facilities as may be related thereto, such as garage space, storage space, balcony, terrace or patio, provided said unit has a direct exit to a thoroughfare or to a given common element leading to a thoroughfare. Director: The Director of the Prince George's County, Maryland, Department of Permitting, Inspections, and Enforcement or the Director's designee. Family Home Daycare (Adults): A day care center for adults within the owner's single family home with a maximum of 12 adults receiving care by other than their relatives or legal guardian for less than (24) hours per day. Family Home Daycare (Children): A day care center for children within the daycare owner's home with a maximum of 12 children. Family Home Daycare of eight (8) or less are under the IRC and those from nine (9) to twelve (12) are under the IBC. Fire Area: The Fire Area has a specific definition for use regarding automatic sprinkler protection under the Section 4-158(b) modifying Section 903.1 of 2021 IBC Chapter 9. Hot Water Supply Heater: A pressure vessel directly fired by oil, gas, or electricity and which does not exceed the following limitation: two hundred thousand (200,000) British thermal units per hour (Btu/hr) input, and two hundred (200) degrees Fahrenheit temperature, and nominal water capacity of one hundred twenty (120) gallons. Interior Demolition: Work that involves the removal of interior non-bearing or bearing walls, elements or systems, or interior finishes. Intermodal Shipping Container: A container with strength suitable to withstand shipment, storage, and handling. Often used in the international shipping trade, "container" or "shipping container" is virtually synonymous with "intermodal freight container" (sometimes informally called a "sea can"), a container designed to be moved from one mode of transport to another without unloading and reloading, or for construction purposes to safeguard materials. Local Fire Department: Any full-time or volunteer fire department located within three (3) miles of the building. Occupancy: The ownership or tenancy of a building, structure, or land. Private Work: Directly or indirectly engaging with or accepting remuneration from any private person, firm, or corporation for the performance of any work as a designer, architect, engineer, consultant or inspector, which work is to be submitted to, passed upon, reviewed, or inspected by any officer under the direct supervision of the Building Official charged with the administration of any portion of the County Building Code. Raze: Raze is the removal of existing structural elements including roof framing, floor framing, wall framing, utilities, with or without the removal of exterior walls and below grade portions of a structure as determined by DPIE Director or designee. Story: That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above as defined in the IBC Chapter 2. A story is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. Occupied roof top spaces such as amenity and recreational areas shall comply with IBC. A single structure on a roof top constructed with non-combustible materials not exceeding 8 feet in height from the roof surface and with an area not exceeding 100 square feet is permitted.

Section 310.4.1 is amended to read as follows: Care Facilities Within a Dwelling - Care facilities for five (5) or fewer persons receiving care that are within a single-family dwelling are permitted to comply with the International Residential Code provided an automatic sprinkler system is installed in accordance with Section 903.3.1.3. Section 310.4.2 is amended to read as follows: Lodging houses. Owner-occupied lodging houses with five (5) or fewer guest rooms shall be permitted to be constructed in accordance with the IRC provided an automatic sprinkler system is installed in accordance with Section 903.3.1.3. Section 313 is added to read as follows: Use Group U-PU- public utility facilities as defined in Section 4-127. Section 302.2.1 is added to read as follows: Other Provisions. Where a type of occupancy, system, or use is not specifically governed by this Code, the Director or the Director's designee may utilize a recognized standard which addresses the occupancy, system, or use adequately.

Section 313.1, General. This use group is specifically intended to apply to installations constructed by public utilities or similar public service agencies to house equipment and/or mechanical facilities within or on buildings or premises used exclusively by the owning utility or agency which are designed and constructed in accordance with the recognized practices and requirements of the specific utility industry. To qualify for inclusion in use group U-PU, the building or structure, designated portion of a mixed use occupancy shall: Be exclusively for the use of housing equipment or facilities of the public utility or public service agency which operates the installation; Not permit entrance or access to the general public; Provide that access for employees or designated contractors be controlled and limited to certain designated persons and not accessible to all employees; Provide that there be no other designated use within the limits of the special purpose use group area; Specify that design and construction be done in accordance with recognized industry practices or codes, and shall be so noted on original drawings, to clearly indicate deviations from this IBC; and Not diminish the requirements of this subtitle and other applicable Maryland State or local laws, ordinances, regulations where such other code is used. Buildings that contain electrical energy storage systems or when classified as group H shall comply with the adopted codes and shall not be classified as U-PU. Section 313.2, Exceptions. By the special purpose nature of structures and/or buildings, in use group U-PU, and the limited or controlled access thereto, and denial of access to the public, the structures shall not be subject to the provisions of the International Energy Conservation Code (IECC). Section 313.3, Maintenance and Repairs. Within this controlled access area of any use group U-PU building, the owner/operator of the equipment shall be responsible for the safe and sanitary maintenance of the building or structure and the equipment and/or facilities at all times. Ordinary repairs of such buildings or structures shall be deemed to include structural and mechanical changes exclusively within the controlled area necessary to maintain proper performance for the intended function. Specifically engineered structural and mechanical components designed for removal and replacement in kind during such maintenance shall be considered as ordinary repairs for purposes of this use group only.

Section 403.1.1, Applicability under Sloping Site Conditions. The provisions of this Section shall also apply to buildings of Use Groups B, R-1, and R-2 when such buildings have floors used for human occupancy located more than ninety (90) feet above the grade level on any side of the building. Section 403.1.2, Applicability under Rescue Conditions. The automatic sprinkler provisions of this Section shall also apply to any building intended for human occupancy which is four (4) or more stories above grade level or over forty-five (45) feet in height unless such a building complies with all of the following: Accessibility is provided on two (2) sides of the perimeter of such a building by virtue of a public way; Height above grade shall be determined by using the lowest elevation of the public way as a reference datum; and The local fire department must have at least one (1) approved first line piece of aerial equipment capable of reaching the roof of the building. Structures or buildings used exclusively for open-air parking, wherever located, and buildings used exclusively for agricultural purposes shall not be classified as a high-rise building for the purposes of this Subtitle. Section 403.2.1.2 is deleted. Section 403.4.6.1, Fire Command Center Construction Features. The central control room shall be located with convenient access to, and in close proximity to, the grade level entrance lobby, unless an alternate location is approved. The room shall be used for no other purpose than a central control station or guard location. The room shall be equipped with a U.L. listed battery operated emergency lighting unit. The type, arrangement, and functions of the fire command station and emergency fire alarm must comply with Section 911, "Fire Command Center" and shall be subject to approval by the Fire Code Official or the Fire Code Official's authorized representative.

Section 406.4.4 is added to read as follows: "Separation." Every opening located between a public garage and another occupancy shall be designed to prevent the transmission of liquids and vapors from entering adjacent occupancies. Sec. 406.6.2 A mechanical ventilation system and exhaust system shall be provided in accordance with Chapters 4 and 5 of the International Mechanical Code. Minimum ventilation Automatic operation of the system shall not reduce the ventilation airflow rate below 0.05 cfm per square foot (0.00025 m 3 /s × m 2 ) of the floor area and the system shall be capable of producing a ventilation airflow rate of 1.00 cfm per square foot (0.0005 m 3 /s × m 2 ) of floor area. Public open parking garages that do not have more than 20 percent of the linear perimeter facing to a fire access road shall be provided with a sprinkler system throughout the building as defined by Subtitle 11 of this Code.

Section 410.3.1 is amended to read as follows: "Temporary Platforms." Platforms installed for a period of not more than thirty (30) days shall be considered temporary platforms. Temporary platforms that exceed four hundred (400) square feet in area in places of assembly use shall be of fire-retardant treated lumber. Temporary platforms in other uses may be constructed of any materials permitted by this Code. The space between the floor and the platform above shall only be used for plumbing and electrical wiring to platform equipment. Table 410Temporary Platforms TYPE OF BUILDING CONSTRUCTION REQUIRED TYPE OF PLATFORM CONSTRUCTION Type 1 Type 2 Note (1) Type 2 Type 2 Note (1) Type 3 5B Type 4 5B Type 5 5B

Note (1): When the platform is not larger than 20% of the room and not more than 200 square feet, fire-retardant treated wood may be used.

Section, 415.9.1.2.1, Underground Storage. All underground storage tanks for flammable or combustible liquids shall be separated from adjacent property lines and buildings by not less than five (5) feet.

Section 506.3.4 Minimum Accessible Perimeter. All buildings and structures must have at least twenty-five (25) percent of the building perimeter fronting on a street or other unoccupied space not less than thirty (30) feet in width which is accessible from a road or a posted fire lane not less than twenty (22) feet in width. The access road or fire lane and the unoccupied space must be capable of providing fire apparatus access under all weather conditions to within one hundred (100) feet of the building or structure. Exceptions: (1) Buildings which are fully sprinklered in accordance with Section 903, and (2) Structures and buildings in Use Group U and U-PU. Section 506.3.5 Arrangement of Access. Access shall be in accordance with the 2012 NFPA 1141, Standard for Fire Protection Infrastructure for Land Development in Wildland, Rural and Suburban Area, except as otherwise provided for in this Subtitle.

The following deletions are made to Section 507.1 of the IBC: Section 507.1 General. The area of buildings of the occupancies and configurations specified in Sections 507.1 through 507.12 shall not be limited. Basements shall not be permitted. Section 507.4 Sprinklered one-story buildings. The area of a Group A-4 building no more than one story above grade plane of other than Type V construction, or the area of a Group B, F, M or S building no more than one story above grade plane of any construction type, shall not be limited when the building is provided with an automatic sprinkler system throughout in accordance with Section 903.3.1.1 and is surrounded and adjoined by public ways or yards not less than sixty (60) feet in width. Exceptions: Buildings and structures of Types I and II construction for rack storage facilities which do not have access by the public shall not be limited in height provided that such buildings conform to the requirements of Section 507.3 and NFPA 13 and Chapter 32 of the International Fire Code. In addition, the automatic sprinkler system shall not be required directly over the sports floor areas or swimming areas of buildings occupied for indoor participant sports, such as tennis, skating, swimming and equestrian activities in occupancies in Group A-4, provided that (1) exit doors directly to the outside are provided for occupants of the participant sports area; and (2) the building is equipped with a fire alarm system with manual fire alarm boxes installed in accordance with Section 907; and (3) the building owner furnishes to the Director or the Director's designee a notarized statement acknowledging that future use of the unprotected sporting floor areas of the facility will be limited to sporting activities of a low hazard nature with minimal occupant loadings and no combustibility of contents and furnishings other than necessary to the sporting events.

The following additions are made to Table 509 of the IBC: Room or Area Separation and/or Protection Storage areas 1 over 1,000 square feet not in an S or F 1 hour or Automatic Sprinkler Protection Storage areas 1 over 2,500 square feet not in an S or F 1 hour and Automatic Sprinkler Protection New residential buildings with attached garages and carports where rooms or spaces store electric powered vehicles 2 hour fire barrier with 90 minute door and heat detector Note: 1 Storage areas include walk-in freezers and refrigerators.

Electric energy storage systems shall comply with IFC, Section 1207, and NFPA 1. When there is a conflict the most stringent code shall apply. Electrochemical Energy Storage Systems with 15 kWh or more capacity, located within 100 feet of a residential, school, library or hospital area shall have a minimum 2-hour fire resistance rated exterior walls and ceilings with opening protectives and ventilation systems.

Section 704.14 is added to read as follows: "Protection of Truss Framing Members." All combustible truss framing members which comprise a portion of a nonrated floor assembly shall be protected by the installation of a ceiling. The ceiling material shall not be less than one-half (1/2) inch gypsum board or an approved equivalent alternative material. The ceiling must be adequately supported by direct mechanical fastening to the structural framing or be suspended by not less than No. 12 MSG galvanized steel wire or by an equivalent method. Where combustible truss joist framing is used as a portion of a required rated floor-ceiling assembly, the structural members shall be protected in accordance with an appropriate tested and listed design. Exceptions: Buildings protected throughout, excluding crawlspaces less than forty-two (42) inches in depth by an automatic sprinkler system; and Crawl spaces of not more than forty-two (42) inches in depth, measured from the top of the floor surface above to the surface of the crawl space floor.

Section 705.2.3.1 is amended to read as follows: "Balconies and Similar Projections." Balconies and similar projections of combustible construction other than fire-retardant treated wood shall be fire resistance rated where required by Table 601 for floor construction or shall be of heavy timber construction in accordance with Section 2304.11. The aggregate length of the projections shall not exceed 50 percent of the building's perimeter on each floor. Existing balconies which are subject to repair or replacement due to deterioration or damage shall comply with this Section. Section 705.2.5 is added to read as follows: "Soffits of Roof Projections." Exterior walls in R-1 and R-2 occupancies meeting the requirements of Section 705 shall be provided soffits comprised of noncombustible material one-half (1/2) inch in thickness. No soffit screens or openings are permitted within the soffits. Exception: Building equipped with an automatic sprinkler system in habitable areas are permitted to have unlimited soffit vents.

Section 705.11, Parapets. Parapets shall be provided on exterior walls of buildings. However, a parapet is not required on an exterior wall where any of the following conditions (1) through (6) exist: The wall is not required to be fire-resistance rated in accordance with Table 602 because of fire separation distance; The building has an area of not more than one thousand (1,000) square feet on any floor; The walls terminate at roofs of not less than two (2) hour fire-resistance-rated construction or at a roof, including the deck and supporting construction, constructed entirely of noncombustible materials; The exterior walls are one (1) hour fire-resistance-rated that terminate at the underside of the roof sheathing, deck or slab, provided that conditions A through D below are met: Where the roof or ceiling framing elements are parallel to the walls, such framing and elements supporting such framing shall not be of less than one (1) hour fire-resistance-rating construction for a width of four (4) feet, measured from the interior side of the wall for Groups R and U and ten (10) feet for other occupancies; Where roof or ceiling framing elements are not parallel to the walls, the entire span of such framing and elements supporting such framing shall not be of less than one (1) hour fire-resistance-rated construction; Openings in the roof are not located within five (5) feet of the one (1) hour fire-resistance-rated exterior wall for Groups R and U and ten (10) feet for other occupancies; and The entire building is provided with not less than a Class B roof covering. In occupancies of Use Groups R-2 and R-3 as applicable in Section 101.2, both provided with a Class C roof covering, the exterior wall shall be permitted to terminate at the roof sheathing or deck in Types III, IV and V construction provided that: The roof sheathing or deck is constructed of approved noncombustible materials or of fire-retardant-treated wood for the distance of four (4) feet, or The roof is protected with 0.625 inch Type X gypsum board directly beneath the underside of the roof sheathing or deck, supported by a minimum of nominal two (2) inch ledgers attached to the sides of the roof framing members for a minimum distance of four (4) feet. Exception: Occupancies of Use Groups R-2 and R-3 are exempt from the requirements of Subsections (5)(A) and (5)(B) of this Section when equipped with residential sprinkler systems installed in accordance with Section 903 of this Code, and the roof is covered with a minimum of a Class C roof covering. Where the wall is permitted to have at least twenty-five (25%) percent of the exterior wall areas containing unprotected openings based on the location from a lot line as determined in accordance with Section 705.8.1 of this Code.

Section 708.1(9) is added to read as follows: "Tenant Separations." Walls separating tenant spaces in all occupancies shall be in accordance with Section 708.3. and 708.4. Exception: Ancillary tenant spaces of use group M that do not exceed three thousand (3,000) square feet located within a main mercantile occupancy do not have to be separated. Examples of such spaces are, but not limited to, optical services, banking services, prescription services, beauty shops and similar tenant spaces located within mercantile occupancies. Kiosks do not require separation in use group M. Exception: Tenant and guest room separation walls may terminate at the underside of a noncombustible ceiling in Use Group B, buildings having a complete supervised automatic sprinkler system. The wall need not be extended into the crawlspace below where the floor above the crawlspace has a minimum one (1) hour fire-resistance-rating; Where the room-side fire-resistance-rated membrane of the corridor is carried through to the underside of a fire-resistance-rated floor or roof above, the ceiling or the corridor shall be permitted to be protected by the use of ceiling materials as required for a one (1) hour fire-resistance-rated floor or roof system; Where the corridor ceiling is constructed as required for the corridor walls, the walls shall be permitted to terminate at the upper membrane of such ceiling assembly; Fireblocking or draftstopping is not required at the partition line in Group R-2 buildings that do not exceed four (4) stories in height, provided that the attic space is subdivided by draftstopping in to areas not exceeding three thousand (3,000) square feet or above every two dwelling units, whichever is smaller; Fireblocking or draftstopping is not required at the partition line in Use Group B, F, and S buildings equipped with an automatic sprinkler system installed throughout in accordance with Section 903.3.1.1 or 903.3.1.2 of this Code, and provided that automatic sprinklers are installed in combustible floor/ceiling and roof/ceiling spaces.

The following deletions are made to Sections 711.2.4.3 of the IBC: Delete the Exception.

Section 901.2.1, Fire Protection System Shop. Construction documents or shop drawings, or both, for the installation of all fire protection and suppression systems (i.e., fire sprinkler and alarm systems etc.) shall be required to be reviewed and certified for compliance to this Code by a DPIE-approved Third-Party Reviewer for submission to the Director or the Director's designee as provided for in the joint Memorandum of Understanding between the Fire/EMS Department and the Department of Permitting, Inspections and Enforcement prior to the issuance of a building permit. Exception 1: Plans are not required for automatic sprinkler system replacement in-kind for commercial buildings involving ten (10) sprinkler heads or less. Inspection and testing shall still be required after completion of the work. Exception 2: Plans are not required for automatic sprinkler system replacement in-kind for NFPA 13D or NFPA 13R single family dwelling for relocating sprinkler heads on the basement level or grade level involving six (6) or less heads that does not involve the shifting of any cross mains or risers or create a more hydraulically demanding remote area. Inspection and testing shall still be required after completion of the work. Section 901.2.1.2, Review Assumptions. The operational assumption during the review and inspection of all fire suppression systems shall be as follows: Total area protection: All areas shall be protected, including, but not limited to attics, bathrooms, closets, combustible concealed spaces, loading docks, and open areas beneath the projection of the structure footprint, planned for storage or vehicle traffic; unless specifically noted, and supported by a Section of this Code on the shop drawings submitted for review. Conditioned space: All areas through which any portion of a fire suppression system passes shall be provided with an ambient temperature of no less than forty (40) degrees Fahrenheit unless specifically noted on the plans submitted for review. Code compliance: A note shall be placed on all plans submitted for review indicating that the installation shall comply with required standards.

General. Sprinklers systems designed in accordance with NFPA 13D shall be protected from backflow in accordance with the WSSC Plumbing and Fuel Code. Section 903.2.1, General. Approved automatic sprinkler systems in buildings and structures shall be provided in the locations described in this Section. For the purposes of this Section, the fire area is defined as the aggregate floor area enclosed and bounded by firewalls, exterior walls, fire barriers or horizontal assemblies of a building. Areas of the building not provided with surrounding walls shall be included in the fire area if such areas are included within the horizontal projection of the roof or floor next above. Repairs to Residential Structures. Use Group R-1, Use Group R-2, Use Group R-3, and Use Group R-4 which, because of lack of maintenance or structural damage due to a fire, explosion, or natural causes, undergo repairs or renovations which, in the opinion of the Director or the Director's designee, exceed fifty percent (50%) of the building shall have an approved automatic fire sprinkler system installed throughout the building as part of the scope of repairs to be completed. Section 903.2.1.1, Group A-1. An automatic sprinkler system shall be provided throughout stories and a fire area containing a Group A-1 occupancy to and including intervening floors and the level of exit discharge serving that occupancy where one of the following conditions exists: The fire area exceeds six thousand (6,000) square feet; The fire area has an occupant load of three hundred (300) or more; The fire area is located on a floor other than the level of exit discharge serving such occupancies; or The fire area contains a multi-theatre complex. Section 903.2.1.3, Group A-3. An automatic sprinkler system shall be provided throughout stories and fire area containing a Group A-3 occupancy to and including intervening floors and the level of exit discharge serving that occupancy where one of the following conditions exists: The fire area exceeds six thousand (6,000) square feet; The fire area has an occupant load of three hundred (300) or more; or The fire area is located on a floor other than the level of exit discharge. Section 903.2.1.4, Group A-4. An automatic sprinkler system shall be provided throughout stories and a fire area containing a Group A-4 occupancy to and including intervening floors and the level of exit discharge serving that occupancy where one of the following conditions exists: The fire area exceeds six thousand (6,000) square feet; The fire area has an occupant load of three hundred (300) or more; or The fire area is located on a floor other than the level of exit discharge. Exception: Sprinklers shall not be required directly over participant floor areas or swimming areas of buildings occupied exclusively for indoor participant sports such as indoor firearm ranges without tactical floor exercises, tennis, skating, swimming and equestrian activities, provided that the main floor area is located at the same level as the level of exit discharge of the main entrance and exit, and the building owner furnishes to the Director or the Director's designee a notarized statement acknowledging that the future use of the unprotected sporting floor areas of the facility will be limited to sporting activities of a low hazard nature with minimal occupant loadings and no combustibility of the contents and furnishings other than necessary to the sporting events. Under 903.2.6 Group I. An automatic sprinkler system shall be provided throughout buildings with a Group I fire area. Exception: Family Home Daycare exceeding eight (8) and up to twelve (12) shall provide automatic sprinkler as per 903.3.1.3 throughout the entire building. Existing residential homes governed by the International Residential Code (IRC), without a fire protection sprinkler system, used for Family Home Daycare with five (5) or less occupants receiving care shall not be required to install a new sprinkler system required by IRC. Section 903.2.7, Group M. An automatic sprinkler system shall be provided throughout buildings where the fire area containing a Group M occupancy where one of the following conditions exists: A Group M fire area exceeds six thousand (6,000) square feet. A Group M fire area is located more than two (2) stories above grade plane. The combined fire area on all floors, including any mezzanines, exceeds twelve thousand (12,000) square feet. A Group M occupancy used for the sales, storage, or display of upholstered furniture or mattresses over five thousand (5,000) square feet. Section 903.2.7.1, High-Piled Storage. An automatic sprinkler system shall be provided in all buildings of Group M where storage of merchandise is in high-piled or rack storage arrays. High-piled storage shall be considered storage in excess of twelve (12) feet above the floor for purposes of this Section. Section 903.2.8, Group R-2. An automatic sprinkler system shall be provided throughout buildings with a Group R-2 fire area. The following reductions in construction requirements are permitted when a building of use Group R-2 is fully sprinklered and is not over four (4) stories above grade on any side of the building: Attic sprinklers may be omitted provided that the ceiling of the top level is of five-eighths (5/8) inch fire code type gypsum board and the attic is draft stopped at each two (2) units maximum and all ceiling ductwork penetrations are provided with UL listed ceiling dampers; Section 11-258 of the County Code (County Fire Safety Law) requiring heat detectors in apartments is not applicable; Balconies of apartments may be of combustible construction, provided the balconies are sprinklered; Sprinklers may be omitted from open-air exterior stair enclosures provided that a Class A finish is used in the stairs; and Balcony soffit vents in unsprinklered attics are permitted. Section 903.2.9, Group S-1. An automatic sprinkler system shall be provided throughout buildings where the fire area containing a Group S-1 where one of the following conditions exists: Occupancy exceeds six thousand (6,000) square feet. Where fire area is located more than two (2) stories above grade plane. Where a Group S-1 fire area used for the storage of commercial motor vehicles where fire area exceeds five thousand (5,000) square feet. The combined area of all Group S-1 fire areas on all floors, including mezzanines, exceeds 24,000 square feet (2230 m2). Section 903.2.9.4 Group S-1 upholstered furniture and mattresses. An automatic sprinkler system shall be provided throughout a Group S-1 fire area where the combined areas used for the storage of upholstered furniture or mattresses exceeds 2,500 square feet (232 m2). Section 903.3.9, Riser and Water Supply Requirements. Every building which is required to be fully sprinklered shall be provided with a complete and separate sprinkler system riser. The riser shall include an alarm check valve or indicating device and check valve, a drain and connection for a fire department pumping connection and a control valve. The arrangement and location shall be subject to the approval of the authority having jurisdiction. A separate main supply source shall be required for each system riser. The system supply shall be based upon the low hydraulic grade shown on the Hydraulic Information Sheet, as determined by the Washington Suburban Sanitary Commission or lowest hydraulic point per the water authority in areas not served by WSSC. The demand for the automatic sprinkler system must be below the available water supply curve, unless approved by the Fire Code Official or designee as follows: Automatic sprinkler demand plus, 10% or 10 psi, whichever is greater for commercial systems under NFPA 13 and NFPA13R. Automatic sprinkler demand plus 5% or 5 psi, whichever is greater for residential systems for under NFPA 13D. Section 903.6, Zones. Automatic fire suppression system zones shall coincide with the fire alarm zones required in Section 907.6.4 of this Code unless specifically exempted by the Director or the Director's designee. Section 903.7, Thermal Protection. Heat tracing tape shall not be an acceptable means of thermal protection for any portion of a fire suppression system. Exception: Wet pipe suppression systems with heat trace tape specifically listed for intended application and installed in accordance with the listing as acceptable as approved by the Director or the Director's designee. Section 903.3.7.1, Mechanical Protection. All piping comprising any portion of a fire protection system shall be protected against reasonable mechanical vehicular damage.

Section 903.3.7.1, Number of Inlets shall be per NFPA 14, section 7.10. For systems exceeding 2,000 gpm of fire sprinkler flow demand, the number and arrangement of the fire department connection inlets shall be as directed by the Director or the Director's designee.

Section 907.2.1.1, System initiation in Group A occupancies with an occupant load of 300 or more. Activation of the fire alarm in Group A occupancies with an occupant load of 300 or more shall initiate a signal using an emergency voice/alarm communications system in accordance with NFPA 72. Section 907.5.2.2. Exception: Where approved, the prerecorded announcement is allowed to be manually deactivated for a period of time, not to exceed 3 minutes, for the sole purpose of allowing a live voice announcement from an approved, constantly attended location. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13. Fire alarm zones may exceed twenty-two thousand five hundred (22,500) square feet where necessary to match sprinkler zones. Section 907.6.4.1, Graphic Zoning Indicator Panel. A zoning indicator panel with a graphic display and the associated controls shall be provided at the main entrance(s) of the building or structure. If the building is not constantly attended, the display shall be visible and discernible from the exterior. The visual zone indication shall lock in until the system is reset and shall not be canceled by the operation of an audible alarm-silencing switch. The Graphic Zoning Panel shall provide the following information: Full name and address of building Location of Sprinkler Room and/or Fire Pump Room Location of fire hydrant(s) Fire Command Center, if applicable Location of Fire Alarm Control Panel Location of all Fire Alarm Control Unit(s), if applicable Location of main electrical disconnect for Building and Photovoltaic Systems Location of main gas shutoff, if applicable North Arrow Location of all generator(s), if applicable Fire alarm system within a building must not have conflicting: Audio devices Visual devices

Section 909.2.1, Smoke Control Systems Design Report. All active mechanical smoke control systems shall be reviewed, signed and stamped by a professional engineer who is licensed in the State of Maryland and who meets the requirements of Section 107.3.4 prior to submission for review. The professional engineer shall submit a Design Report with supportive calculations to the Director or the Director's designee attesting to the design's compliance with Sections 909.8 and 909.9 of this Code, as well as applicable adopted NFPA Codes for smoke control systems.

Section 912.2.3 is added to read as follows: "Location and Performance of Fire Hydrants." Every building of more than one thousand (1,000) square feet in area shall be provided with sufficient fire hydrants located such that no exterior portion of the building is located more than five hundred (500) feet from a fire hydrant. The distance shall be measured as a hose line would be laid along paved streets, through parking lot entrances, and around obstructions, in accordance with the determination of the authority having jurisdiction. A fire hydrant is required within two hundred (200) feet of any required fire department connection, as hose is laid. The fire department connection must be located on the front, address side of the building and be visible from a fire hydrant or as approved by the Fire Code Official. Each hydrant shall provide a minimum of one thousand (1,000) gpm at a residual pressure of twenty (20) psi. Exception: An approved alternate water supply source may be acceptable in areas not served by a public water supply. In addition, a fire hydrant is not required to be situated within two hundred (200) feet of any required fire department connection that is intended to supply an automatic fire sprinkler system that has been retrofitted into an existing building of any use group, provided that the area of the building has not been increased in size or the use group classification has not been changed to require an automatic fire suppression system under any other provision of this Division.

Section 1015.2.2, All retaining walls thirty (30) inches or higher shall be provided with guard rails in accordance with this Section. Section 1015.4.1, Ladder Effect. Guards shall not have an ornamental pattern that would provide a ladder effect for any of the following uses: Assembly (A), Education (E), Mercantile (M) Residential (R) or any other uses open to the public. Exceptions: Section (b) above shall not apply where A, E, M, and R are accessory uses only.

Section 1027.6.1, Types of Protection. In other than Use Group R-3 (one- and two-family dwellings) treads, platforms and landings or other walking surfaces that are part of a required exterior stairway, or egress system, located more than thirty (30) inches above grade, or below grade and are in climates subject to snow or ice shall be protected by either: Roof overhang, canopy or awning consistent with the type of construction. Heated slab. Reliable snow maintenance program approved by the Director or the Director's designee. For use with new buildings or new occupancy types. Owner/owner's representative shall complete the Snow Removal Agreement form which must be notarized. The form shall contain the following information: Shall identify the Owner, Tenant's and Contractor's contact information. The period of the time the Agreement covers. Case Number. Project Name. Location and/or Street Address. The Agreement must be notarized. The Agreement shall contain the following language: This document will serve as an agreement to establish and maintain a snow and ice removal maintenance program at (address) that is acceptable to the Department of Permitting, Inspections, and Enforcement of Prince George's County Government. If the weather forecast predicts at least 2" of accumulation, the owner/contractor will remove snow and ice accumulation from all exterior ramps, stairways, landings, and walkways in accordance with Prince George's County Subtitle 4-173. The above shall be submitted along with the submittal document for plan review and approval as part of the permit application submission.

Chapter 11 of the IBC relating to Accessibility is hereby replaced with the Maryland Accessibility Code set forth in the Code of Maryland Regulations (COMAR) Section 05.02.02. The following provisions shall supplement the Maryland Accessibility Code. Swimming pool access: All public swimming pools shall have an approved lift with a capacity of not less than three hundred (300) pounds for ingress to and egress from the pool or a suitable system of ramps which would readily and safely accomplish the same purpose. Ramps serving as the main means of egress or ingress for a building shall have a width of not less than five (5) feet measured between the handrails.

Section 1202.5.4 (IBC) is added to read as follows: "Locations." Every door or window which opens directly from any dwelling unit of a multifamily dwelling to the outdoors; fifty percent (50%) of the nominal area of every double-hung and horizontal sliding window, and that portion of every other type window normally used for ventilation; and all other openings, unless specifically exempt or modified by the Building Official or designee in accordance with the hardship or modification provisions of this Subtitle and the IBC, shall be screened with not less than sixteen (16) mesh per inch material. In addition, every hinged screen door shall have a self-closing device in good working condition; except that no screens shall be required for a dwelling unit on a floor above the fifth floor. Screen doors shall not be required on the main entrance door. "Governing Code." Screens required by this Section shall be installed or be available to be installed on all dwelling units. The actual times that screens must be provided and installed for use on all dwellings will be governed by the Prince George's County Housing Code, unless exempt or modified by the Building Official or designee. These provisions shall be applicable to all dwelling structures irrespective of the date of construction.

Section 1502.5 is added to read as follows: "Gutters and Downspouts." Unless constructed with parapet walls and coping, all exterior walls shall be provided with gutters and downspouts or leaders to dispose of roof drainage to comply with the International Plumbing Code or other local jurisdiction codes.

Section 1608.1, General. Design snow loads shall be determined in accordance with Chapter 7 of ASCE 7, but the design roof load shall not be less than that determined by Section 1607 of this Code. However, in no case shall a roof be designed for less than thirty (30) pounds per square foot (psf) snow load plus the drift. Section 1608.2, Ground Snow Loads. The minimum ground snow loads to be used in determining the design snow loads for roofs, including snow drift shall be thirty-five (35) pounds per square foot (psf).

Section 1805.4.3.1 is added to read as follows: "Foundation Drainage." In no case shall a discharge pipe of foundation drainage be connected to a public sanitary sewer or a septic system. Section 1805.4.3.4, Sump Pumps and Pits. Where subsoil drains do not discharge by gravity, the drains shall discharge to an accessible sump pit with an automatic electric pump. A battery back-up or water-powered back-up sump pump will also be provided. Sump pit shall be a minimum of twenty-four (24) inches in diameter, or eighteen (18) inches square and twenty-four (24) inches in depth and be provided with a fitted cover. The sump pump shall have adequate capacity to discharge all water coming into the sump as it accumulates, but in no case shall the capacity of the pump be less than fifteen (15) gallons per minute. The discharge from the pump shall be a minimum of one and one-fourth (1¼) inches and shall have a union in the discharge piping to make the pump accessible for servicing. Subsoil drains and sump pump discharge may discharge to a properly graded open area provided the point of discharge is ten (10) feet from any property line or Building Restriction Line (BRL). Where a continuously flowing spring or high groundwater table is encountered during the design stage, basement floors shall be designed at least two and one-half (2.5) feet above the groundwater's highest detected level. Alternatively, pre-approved methods of permanent dewatering shall be provided, and groundwater level shall be verified again before construction. If such condition is encountered after construction, and subsoil drains are pre-approved by the County, these drains must be piped to a storm drain or approved outfall where they shall be fitted with an accessible backwater valve. Residential sump pumps are not to be relied on for lowering high groundwater table. Section 1805.4.3.5, Areaway Drains. All open subsurface space adjacent to a building serving as an exit or entrance shall be provided with a drain or drains. Such areaway drains shall be of approved material in accordance with the International Plumbing Code (IPC) and not less than two (2) inches in diameter and shall discharge by gravity or mechanical means. Areaway drains for areas exceeding 100 square feet shall be sized in accordance with Section 1114 of the 2015 IPC and be a pre-approved design. Section 1805.4.3.6, Window Well Drains. Window well areaways shall have drains. Window well areaways ten (10) square feet or less may discharge to the subsoil drain through a two-inch minimum diameter pipe. Section 1805.4.3.7, Foundation Weep Holes. Where subsoil drains are required by Section 1805.4.2, foundations of hollow core masonry shall have foundation weep holes. Weep holes shall be placed a maximum of 4-foot o/c intervals and shall discharge into the aggregate of interior subsoil drainage system. Section 1805.4.3.8, Site Grading. The ground immediately adjacent to the foundation shall be sloped away from the building at a slope of not less than one unit vertical in twelve (12) units horizontal (1:12) for a minimum distance of 5 feet (914 mm) measured perpendicular to the face of the wall or an approved alternate method of diverting water away from the foundation shall be used. Consideration shall be given to the possible additional settlement of the backfill when establishing the final ground level adjacent to the foundation.

Section 1808.1 is modified to include the following: Minimum size: All footings shall be designed for a soil load bearing value of 1500 pounds per square foot (psf) unless a geotechnical report is submitted. Section 1808.7, Footings on or Adjacent to Slopes. The placement of buildings and structures on or adjacent to slopes steeper than one (1) unit vertical in three (3) units horizontal (or a 33.3% slope) shall conform to Section 1808.7.1 through 1808.7.5 of this Code. However, if there is a conflict between the requirements of this Section and Subtitle 32 of the County Code, the more restrictive requirements shall apply.

Section 1809.5, Frost Protection. Except when erected upon solid rock or otherwise protected from frost, foundation walls, piers, and other permanent supports of all buildings and structures shall extend thirty (30) inches below finished grade and placed on undisturbed ground or compacted fill material, certified by a geotechnical engineer licensed to practice in the State of Maryland, and spread footings of adequate size shall be provided when necessary to properly distribute the load within the allowable bearing value of the soil, or such structures shall be supported on piles, piers or pre-approved methods of ground improvement when solid earth to rock is not available. Footings shall not be founded on frozen soils unless such frozen condition is of a permanent character.

Section 1809.01 Aggregate Pier or similar Ground Improvement Foundation System is added. Construction tolerance of the pier installed location shall not be more than 6 inches. For the 3-pier footing, the centroid of the installed piers, the centroid of the footing and the centerlines of the supported column shall be coincided. The capacity of the single-pier-, and 2-pier footings used in supporting column/wall loads shall be reduced due to the eccentricity (allowed construction tolerance) of the pier location.

The following amendments, additions, and/or deletions are made: Design Loads. In addition to other applicable loads, the basement walls shall be designed for the at-rest pressure (lateral soil load) as described in Table 1610.1 of the 2021 International Building Code. Design of Concrete Masonry. Design of concrete masonry unit (CMU) walls shall conform to the Building Code Requirements for Masonry Structures (ACI 530/TMS 402) Chapters 1, 2 and 3. Minimum horizontal joint reinforcement consisting of not less than two continuous wires each with a minimum cross-sectional area of 0.017 square inch (9 gage) shall be provided in horizontal bed joints spaced not more than every second course vertically. For basement walls subjected to lateral earth pressure, minimum vertical reinforcement shall consist of one No. 5 rebar (ASTM A615 grade 60) spaced not more than sixteen (16) inches (for nominal 8", 10", or 12" walls). Cells having vertical reinforcement shall be filled with concrete or masonry grout meeting the requirement of ASTM C476. Vertical steel reinforcement shall be placed not more than 2 inches from the inside face of the walls. Design of Concrete Walls. Design of concrete walls subjected to lateral earth pressure shall conform to the Building Code Requirements for Reinforced Concrete (ACI 318-14) Chapter 10. Minimum reinforcement in each direction shall not be less than that required by Chapter 7 (i.e. for ASTM A615 grade 60, No. "@14" for 8-inch thick, No. "@12" for 10-inch thick, and No. "@10" for 12-inch thick wall). For design of concrete walls subjected to lightly loaded lateral earth pressure (4 feet or less of unbalanced backfill) or concrete walls with insignificant stress components (for example, stresses reduced by mean of wall stiffeners) the ACI 318-14 Chapter 22 may be used to determine the amount of reinforcement required. For walls that are proposed to serve as floods walls, the permittee shall secure approval from the US Army Corps of Engineers prior to submittal to Prince George's County for building permit. The applicant shall submit evidence of approval. The following requirements shall be met for retaining wall permits, not including cantilevered retaining walls for basements, which are covered by the 2021 IBC, Chapter 18. The Height of a retaining wall is measured from lowest ground elevation on the lower or bottom side of wall to the highest elevation on the top of the retaining wall structure, at any given cross section of the wall. Soil investigation is required at a minimum rate of one soil test boring per 100 linear ft of the retaining wall length. Timber retaining walls are not allowed. In general, on residential developments, the height of retaining walls shall be minimized preferably to less than 6 feet, for ease of maintenance. This also applies to the cumulative height of tiered retaining walls. Retaining walls shall be located on common homeowner or business park association parcels, to the maximum extent practical. Retaining walls shall not be located in the public storm drain or storm water management easements. Retaining walls shall not be located in the County public road right of way, except for abutment walls for bridges. For Segmental Retaining walls (SRW) including Mechanically Stabilized Earth Walls (MSEW) higher than 2 feet, and other proprietary products, the applicant shall include in the permit submittal the manufacturer's information and specifications, and a valid evaluation report from a DPIE approved listing agency. The permittee shall submit an acceptance letter for the geotechnical aspects only of the wall design from the Geotechnical Engineer of Record (GER) if the GER is not the wall designer. Declaration of Easements for Retaining Walls Retaining walls and tiered walls with a cumulative height of 6 feet or greater are required to have a permanent easement in front of and behind the wall. The easement dimension shall not be less than 10 feet wide on the low side of the wall. On the high side of the wall, the easement shall contain the select backfill zone, including soil reinforcement including geogrids, tiebacks, anchors, and footings. The easement dimension on the high side of the wall shall not be less than 10 feet wide. Grading and retaining wall permit plans shall reflect the limits of the retaining wall easements and the horizontal extent of soil reinforcement, footing, and select backfill zone. The following site elements shall not be located inside retaining wall easements: Buried utilities (except as noted in (9)(aa) and (9)(bb) below Building additions Porches Structures Pools Decks Stormwater management devices and storm drain pipe Trees The following site elements are permissible inside retaining wall easements: Storm drain outfall pipe located perpendicular to the wall, if there is no alternative but to penetrate through the wall. The storm drain shall have a drop manhole on the high side of the wall, and the storm drain pipe under the footing of the retaining wall shall be encased in an outer pipe sleeve that is at least 12 inches larger in size than the conveying storm drain pipe. Storm drain inlets and pipes necessary to capture the swale immediately above the wall. These storm drain systems must be designed shallow enough to be built above the soil reinforcement (not deeper than 2 feet). Sheds Fences - fence posts shall be located a minimum of 3 feet from the face of wall. Patios Pergolas Benches Sidewalks Trails Signage Landscaping (not including trees) Private roads and parking lots — guardrails and traffic barriers shall be provided and located between the wall and the roadway, a minimum of 3 feet from the face of the wall. Above features in (9)(cc, dd, ee, ff, gg, hh, ii, kk and ll) are only allowable within retaining wall easements if the Declaration of Easement language obligates the owner/maintainer of these features to remove and replace these elements, as may be required for wall maintenance or reconstruction. The retaining wall Declaration of Easement shall specify maintenance responsibility. The Declaration of Easement shall restrict future construction of unacceptable elements. Retaining walls that span across multiple residential lots shall be maintained by the Homeowner's Association. Retaining wall plans shall show wall drainage systems and select backfill behind the wall, filter fabric between the select backfill and adjacent soils, structural elements, and reinforcement type and size. Retaining walls shall be designed to meet the minimum safety factor of 1.5 against sliding and overturning. Retaining wall plans shall show in site plan view, wall profile view, and wall sections the extent of select backfill, soil reinforcement, filter fabric, and other pertinent information. The design professionals (structural, civil, geotechnical) shall fully coordinate select backfill and soil reinforcement with all site features. Retaining walls shall be located with the toe of the wall a minimum of 25 feet from creeks, streams, and swales, as these locations have the potential for eroding and undermining retaining wall structures. The design engineer shall submit a scour analysis for streams and swales in close proximity to retaining walls. If the scour analysis requires, the retaining wall permit documents shall be designed with a foundation system capable of withstanding the scour, for example deep foundation system and/or armoring of the stream, as required. Segmental retaining walls (SRWs), including the leveling pads, shall not be placed below the 100-year floodplain elevation, due to concerns with scour and migration of soil backfill. For retaining wall permits, a global stability analysis shall be signed and sealed by a licensed geotechnical engineer and must be provided for the following conditions: Walls with cumulative height taller than 10 ft; Walls with cumulative height taller than 6 ft and with back slope steeper than 3 horizontal to 1 vertical; Walls on or adjacent to unstable soils, such as over-consolidated clay; or When deemed necessary by DPIE or the Geotechnical Engineer of record (GER). The retaining wall calculations shall achieve a 1.5 minimum factor of safety for global stability. The global stability analysis is also required for a series of tiered retaining walls, for which the cumulative height of all walls exceeds the heights described in (17) above. Retaining walls shall be drained by a system that includes: Perforated drainage pipes at the toe of the wall. Toe drainage pipes shall be connected to a solid storm drain or discharge to grade; An upright drainage layer behind the wall façade that ties into the toe drainage behind the wall bottom. This drainage layer can consist of gravel or a prefabricated geo-composite if recommended by the design engineer; Filter fabric between the gravel and soil; and Perforated two (2)-inch minimum diameter PVC weep holes, through the wall, for the entire length of the wall, and at a maximum spacing of 20 feet. Within the select backfill zone, the upper soil layer shall consist of 4 inches of topsoil and 12 inches of impervious clay soil or an impermeable geo-membrane below the topsoil. The purpose of this is to limit surface water infiltration into the select backfill zone of the retaining wall. To prevent surface storm water from flowing over the top wall of wall, a swale is required immediately behind the wall. The swale may be located at least 12 inches behind the high side of the wall, with a depth of at least 6 inches. The swale shall have 4 inches of topsoil at the surface and 12" of impervious lean clay soil or an impermeable geo-membrane below the topsoil. If the length of land adjacent to and perpendicular to the wall is negligible, for example less than 5 feet wide, such that surface sheet flow down the slope and towards the wall is minimal, then the swale above the wall is not required. All concentrated flows shall be intercepted into a storm drain system and conveyed thru the wall. If the groundwater elevation is 2 feet or less below the retaining wall leveling pad or is expected to rise seasonally to the bottom of the leveling pad or higher, a blanket drain is required below the retaining wall, near the bottom of the leveling pad. If an identified water source such as groundwater or springs are located on the high side of a retaining wall, a drainage blanket and chimney drains at least 6" thick are required. The drainage blanket shall extend laterally from the wall to the chimney drain at a rising slope of 3%. The chimney drain shall rise to the elevation of the groundwater source, and shall have a heel drain pipe with a minimum four (4) inch diameter at its bottom. Blanket and chimney drains are also required if surface drainage runoff or subsurface water may otherwise flow to the wall, which frequently comes from unconfirmed or unidentified water sources. The blanket shall extend back from the wall to cover the entire select backfill and to reach the possible water source. The chimney height shall be seventy (70) percent of the wall height, with a heel drain pipe. Soil reinforcement and/or other slope stabilization measures, such as caissons, piles, piers, deep dynamic compaction, or other means shall be shown to scale on the site grading plans in profile and plan views. Retaining walls that retain multiple lots shall pass final inspection successfully before structures on all retained lots can receive final inspection.

Section 1705.6, Soils. The special inspections for existing site soil conditions, fill placement and load bearing requirements shall follow Division 2 of Subtitle 32 of the County Code entitled, "Grading, Drainage and Erosion and Sediment Control. Section 1706.19, Fire Inspections. A third party inspection is required for fire protection system work under the Third-Party Inspections Program (TPIP). This includes all new buildings other than single family dwellings. In all cases, the determination for inspection responsibility is made in writing prior to the issuance of a building permit for the structure or alteration. Owners of projects that are subject to the Third-Party Inspections Program (TPIP) must submit, as part of the permit application, a Statement of Third-Party Inspections (STPI). The STPI shall identify the names of all design professionals of record, Third-Party Inspectors of Record (TPIR), and the Inspection and Testing Agency retained by the Owner to provide inspections and/or testing services. An individual's signature on the STPI certifies that they have read and understand their role under the TPIP. Small tenant work is not normally included in the TPIP program and is generally inspected by County inspection personnel. The owner may elect, or the County inspector may require, a third party Certification on small systems at their discretion based on system size or complexity. The format of these third party inspections shall be the same as utilized for TPIP compliance. It is the responsibility of the owner to engage and pay for the third party fire protection system inspection. Please notice that no contractor may utilize a person of their own employment to inspect the construction work of their own firm. All work on fire protection systems is subject to inspection regardless of the number of heads or devices involved. All suppression systems and alarm systems (suppression monitoring, fire and voice alarm) require a valid fire protection system permit. All pressurized fire protection systems shall undergo hydrostatic testing after any work on the pressurized part of the system is completed. County inspection personnel may waive the hydrostatic testing of altered fire sprinkler systems of less than 50 added or relocated heads where the workmanship is without question, the existing piping appears to be in good condition, and no pipe larger than two and one-half (2 1/2) inches in diameter is altered. A third party inspector shall submit the fire protection system Certification form in accordance with TPIP. On small projects outside the scope of the TPIP, the third party inspector shall submit the Certification form to the County inspector. In all cases the Certification form shall be accompanied by inspection documentation as outlined in the appropriate National Fire Protection Association Standard (i.e. Contractor's Material and Test Certification - NFPA 13, Inspection and Testing Form - NFPA 72, etc.) or similar. Where a specific format does not exist for a fire protection system, a submission shall be made to the Fire Code Official and the Inspection division for approval. The submission shall document compliance with the important aspects and testing of the proposed system.

Section 2109.2.3 is added to read as follows: "Masonry Wall Reinforcement." All masonry walls and cavity walls, except those systems which encompass engineered systems in accordance with standards of Chapter 35, of this Code shall be bonded by joint reinforcement (truss type) at vertical intervals not to exceed sixteen (16) inches.

Section 2204.4 is added to read as follows: For construction of steel moment frames, direct welding connection between steel column and steel beam/girder without the use of connecting elements (i.e. plates, angles, etc.) is prohibited.

Section 2701.1 is amended to read as follows: "Scope." The provision of this chapter and NFPA 70 and amended by Subtitle 9 of the County Code shall govern the design, construction, erection and installation of the electrical components, appliances, equipment and systems used in buildings and structures covered by the code. The International Fire Code, the International Property Maintenance Code and NFPA 70 as amended by Subtitle 9 of the County Code shall govern the use and maintenance of electrical components, appliances, equipment and systems. The International Existing Building Code and NFPA 70 and amended by Subtitle 9 of the County Code shall govern the alteration, repair, relocation, replacement and addition of electrical components, appliances, or equipment and systems.

Section 2702.2, Emergency and Standby Power Systems. Where required, emergency and standby power systems shall be installed in accordance with the National Electrical Code, International Fire Code, Chapter 12, NFPA 110 and NFPA 111, and shall be provided where required by Section 2702.2 of this Code and Subtitle 9. Section 2702.2.2 (a) is added to read as follows: "Standby Power." Elevator cars required by Section 3002.4 of this Code to accommodate ambulance stretchers shall be furnished with standby power, meeting the requirements of Section 3003.1 of this Code.

Section 2704.1 is added to read as follows: "Scope." This Section applies to all new construction as well as existing multiunit dwellings, except for use group R-3. Section 2704.2 is added to read as follows: "Exterior Passageways." All exterior walkways serving all use groups other than R-3 and R-4 between buildings, between parking lots, and between buildings and parking lots shall be illuminated with no less than a one foot-candle. Section 2704.3 is added to read as follows: "Parking Lots." Parking facilities serving all use groups other than R-3 shall be illuminated with no less than a one foot-candle in the darkest portion of the parking facility.

Section 2801 is added to read as follows: "Scope." To provide minimum protection of health, every dwelling unit shall be provided with a heating system or heat supply in compliance with the IBC and IMC that will maintain a temperature of sixty-eight (68) degrees Fahrenheit in all habitable spaces, bathrooms, and toilet compartments when the outdoor ambient temperature is, at design condition of fourteen (14) degrees Fahrenheit. Section 2801 is added to read as follows: "Design Standards." Heating system design shall be based on accepted engineering practice standards and/or methods established by accredited authoritative agencies listed in the ASHRAE Standard. Certification of calculations and design by a registered professional engineer may be accepted by the Building Official as to compliance with this Section of the IBC. Section 2801 is added to read as follows: "Plans." The actual design conditions used shall be stated on plans submitted for permit. The minimum design condition required by this Section shall be met.

Section 2901.1 is amended to read as follows: "Scope." The provisions of this Chapter and the Plumbing and Gasfitting regulations adopted by the Washington Suburban Sanitary Commission known as the WSSC Plumbing and Fuel Gas Code and Fuel Gas shall govern the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing equipment and systems.

Section 3001.3 is amended to read as follows: "Reference Standards." Except as otherwise provided for in this Code, the design, construction, installation, alteration, repair and maintenance of elevators and conveying systems and their components shall conform to the State of Maryland Elevator Code, ASME A17.1, Safety Code for Elevators and Escalators, as adopted by the Maryland Department of Labor, Licensing and Regulation. The Department of Permitting, Inspections and Enforcement will perform plan review to ensure compliance with building, electrical, mechanical, and fire/life safety codes pursuant to the Prince George's County Code. Inspections of elevators shall be conducted by State of Maryland Division of Labor and Industry — Elevator and Escalator Safety Unit.

Section 3103.5 is added to read as follows: "Certification." An affidavit or affirmation shall be submitted to the Director or Director's designee and a copy retained on the premises on which the tent or air-supported structure is located. The affidavit shall attest to the following information relative to the flame-resistance of the fabric: Names and addresses of the owners of the tent or air-supported structure; Date the fabric was last treated with flame resistant solution; Trade name or kind of chemical used in treatment; Name of person or firm treating the material; and Name of testing agency and test standard by which the fabric was tested. Section 3115 Intermodal Shipping Containers is amended as follows: For buildings constructed under International Residential Code (IRC), the use of shipping containers is allowed only during permitted construction for temporary storage of construction materials only. The shipping containers must be removed at the end of construction prior to permit closure.

Section 3104.1 is amended as follows: This section shall apply to connections between buildings, exterior to buildings such as pedestrian walkways, stairs, ramps or tunnels, located at, above or below grade level, that are used as a means of travel by persons. The pedestrian walkway shall not contribute to the building area or the number of stories or height of connected buildings. Section 3104.3 is amended as follows: Any stair, ramp or walking surface that is used by a pedestrian as a means of travel shall comply with 2021 IBC chapter 10 and Sec. 4-180 Accessibility. Bike trough or similar features shall be located at the sides/edges of the stairs and shall have handrail within 30 inches. Section 3104.3 is amended to read as follows: "Construction." The pedestrian walkway shall be of noncombustible construction.

Section 3108.3 is added to read as follows: "Antennae." No satellite dish antennae greater than twenty-four (24) inches in diameter or twenty-five (25) inches in length, fifteen (15) inches in width and ten (10) inches in height may be installed or erected without obtaining a building permit, except as provided in this Section. An application for a permit shall be accompanied by detailed drawings of the antenna structure and methods of anchorage. All connections to a roof shall be properly flashed to maintain water tightness. All antennae must meet manufacturers' specifications, be of noncombustible and non-corrosive materials, and be erected in a secure, wind-resistant manner. An electrical permit shall be required for all installations in accordance with the requirements of Subtitle 9 of the County Code. A satellite dish antenna which is designed to be installed on a flat roof may be installed or erected without obtaining a building permit under the following conditions: The antenna requires no mechanical penetration of the roof structure; The permissible loading of the roof is not exceeded; and The maximum diameter is twenty-four (24) inches or the maximum dimensions are twenty-five (25) inches in length, fifteen (15) inches in width and ten (10) inches in height. Section 3108.4 is added to read as follows: "Grounding." Towers shall be permanently and effectively grounded according to Subtitle 9 of the County Code entitled "Electricity."

Section 305.2 (ISPSC) is amended to read as follows: Outdoor swimming pools and spas shall include all Public and Residential pools and spas that shall be surrounded by a barrier that complies with Sections 305.2.1 through 305.7 (ISPSC). Section 305.2.1 (ISPSC) is amended to read as follows: "Barrier Height and Clearances." Barrier heights and clearances shall be in accordance with all of the following: The top of the barrier shall be at least six (6) feet (1829 mm) above finished ground level measured on the side of the barrier which faces away from the swimming pool or spa. The maximum vertical clearance between finished ground level and the barrier shall be two (2) inches for grade surfaces that are not solid, such as grass or gravel, measured on the side of the barrier which faces away from the swimming pool or spa. The maximum vertical clearance between the surface, such as concrete, and the bottom of the required barrier shall not exceed four (4) inches (102 mm) where measured on the side of the required barrier that faces away from the pool or spa. Where the top of the pool structure is above finished grade level such as an above-ground pool, the barrier shall be at finished ground level, such as the pool structure or shall be mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four (4) inches. A natural barrier, hedge, pool cover or other protection device approved by the Building Official may be used so long as the degree of protection afforded by the substituted device or structure is not less than the protection afforded by the enclosure, gate and latch described herein. Section 305.2.4 (4) (ISPSC) is amended to read as follows: An attachment device shall attach each barrier section at a height not lower than seventy-two (72) inches (1829 mm) above grade. Common attachments devices include, but are not limited to, devices that provide the security equal to or greater than that of a hook-and-eye type latch incorporating a spring- actuated retaining lever such as a safety gate hook. Section 305.2.5 (ISPSC) is amended to read as follows: Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than seventy-two (72) inches (1829 mm), the horizontal member shall be located on the pool or spa side of the fence. Spacing between vertical members shall not exceed 1 ¾ inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cut outs shall not exceed 1 ¾ inches (44 mm) in width. Section 305.2.6 (ISPSC) is amended to read as follows: Widely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is seventy-two (72) inches (1829 mm) or more, spacing between vertical members shall not exceed 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cut outs shall not exceed 1 ¾ inches (44 mm) in width. Section 305.6 (ISPSC) is amended to read as follows: Natural barriers. A natural barrier, hedge, pool cover or other protection device approved by the Building Official may be used so long as the degree of protection afforded by the substituted device or structure is not less than the protection afforded by the enclosure, gate and latch described herein. Section 305.8 (ISPSC) is added to read as follows: "Other Bodies of Water." When a fish pond or other body of water such as a stormwater management wet, dry, or extended detention pond deeper than twenty-four (24) inches is located within a densely populated area, or in the proximity of an elementary school, playground, or other area where small children may congregate without adult supervision, the Building Official may require a protective enclosure of such body of water as described in Section 305.2 (ISPSC) as amended by this Code, except where allowed under the County approved stormwater management pond plans, standards, and specifications.

Section 3111.1 General. Solar energy systems shall comply with the requirements of this section, 2021 International Fire Code (IFC), and the 2021 National Fire Protection (NFPA) 1 Fire Code. The most stringent code shall apply. Section 3111.3 Photovoltaic solar energy systems shall be designed and installed in accordance with this section, the International Fire Code, NFPA 70, National Fire Protection (NFPA 1) Fire Code and the manufacturer's installation instructions. Section 3111.3.5.1.1. Required Non-combustible Perimeter Surface. A non-combustible perimeter surface between the solar panels and the security barrier fully enclosing all of the solar field is required and shall be at least ten (10) foot wide. A fifteen (15) foot wide brush free stable surface, similar to grasscrete pavers, with a required Vegetation Maintenance Plan is also acceptable. Dirt with minor growth is not considered a noncombustible surface. The entire width of the ten (10) foot noncombustible surface must be between the solar array panels and the Security Barrier. Access roads which are between the solar panel fields and the Security Barrier shall comply with the Fire Access Road requirements. These can be considered as a part of the required width and shall be at least ten (10) foot wide noncombustible surfaces for the enclosure. Please note that Fire Access roads must meet all other code requirements. If a loose material is provided for a non-combustible surface, then it must have a minimum depth of three (3) inches over compacted subgrade soil. The entire width of the of the ten (10) foot wide noncombustible surface must be on the same finished grade with a maximum cross slope of 2%. The ten (10) foot wide perimeter surface must meet all other codes for grading and storm water management. Section 3111.3.5.1.2. A Vegetation Maintenance Plan or a noncombustible base, approved by the AHJ shall be installed and maintained under and around the photovoltaic arrays and associated electrical equipment installations. Stationary fuel cell power systems and battery storage systems shall have a noncombustible base. Section 311.3.5.1.3. No point of the solar arrays shall be more than five hundred (500) feet of the fire department access road. When the sloping conditions of the site do not allow the fire department access for inside the solar field, this requirement can be exempt with the director or director's designee's approval. Section 3111.3.5.1.4(3). Vegetation Maintenance Plan. If vegetation maintenance agreement is submitted for review, it must be notarized with the owner's signature. The original vegetation maintenance agreement must include the owner's printed name, full address, telephone number and email address. The vegetation maintenance plans shall be accepted and approved by the AHJ. Section 3111.3.5.1.5. Security Barriers. Security barriers are required around the perimeter of all the ground mounted solar arrays. A sign on the fence shall be provided displaying the address of the property along with the phone number and name of the solar panel installation company.

Section 3115 Intermodal Shipping Containers is amended as follows: For buildings constructed under International Residential Code (IRC), the use of shipping containers is allowed only during permitted construction for temporary storage of construction materials only. The shipping containers must be removed at the end of construction prior to permit closure.

Fire watch during combustible construction. Section 3314.1 is amended to read as follows: A fire watch shall be provided during nonworking hours for construction that exceeds 40 feet (12 192 mm) in height above the lowest adjacent grade at any point along the building perimeter for new multistory construction with an aggregate area exceeding 20,000 square feet (1858 m2) per story or as required by the Fire Department or Inspections Division. Accessibility For Emergency Vehicles. Section 3314.2 is added to read as follows: "Accessibility for Emergency Vehicles During Construction Operations." At the beginning of construction operations and during construction, the contractor shall provide and maintain at all times a minimum twelve (12) foot wide vehicular access roadway that will allow unimpeded access by fire and emergency rescue vehicles from the improved street to within two hundred (200) feet of the most remote building under construction on the site. The vehicular access roadway surface shall be of a compacted material of stone, blacktop or other suitable material to support a twenty (20) ton vehicle under all weather conditions.

The following amendments, additions, and deletions are hereby made to the International Mechanical Code (IMC) adopted by this Subtitle, and the provisions set out in this Subdivision shall be deemed to supersede the text of the IMC where the provisions of this Subtitle are interpreted.

NFPA 90A 6.2 - A single point master shutoff switch shall be provided for the fire department which is capable of shutting down all air handling equipment to prevent the spread of smoke through the building. The switch shall be located at the entrance, inside lobby, near fire alarm annunciator or in fire control room where one present.

The following deletions and amendments are made to the International Residential Code for One- and Two-Family Dwellings: Chapters 25-33 of Part VII - Plumbing are hereby deleted and replaced with the Plumbing and Gasfitting Regulations adopted by the Washington Suburban Sanitary Commission (WSSC), known as the WSSC Plumbing and Fuel Gas Code. Chapters 34 through 43 of Part VIII - Electrical are hereby deleted and replaced with Subtitle 9 of the County Code. Section R112.2 is hereby amended to read as follows: Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code and shall not have jurisdiction over matters for which adjudication or appeal is expressly assigned to the procedures outlined in Section 13, Division 15 of this Code. Properties where the structure is being razed and where a new structure is being constructed will be considered new single family dwelling units and will be subjected to applicable public safety and school surcharges as defined by the Fee Table in Section 2-253.63.

Section R-302.2.2, Parapets. Parapets constructed in accordance with Section R-302.2.3 shall be provided for townhouses as an extension of common exteriors or walls in accordance with the following: Where roof surfaces adjacent to the wall or walls are at the same elevation, the parapet shall extend not less than thirty (30) inches above the roof surfaces; and Where roof structures adjacent to the wall or walls are at different elevations and the higher roof is not more than thirty (30) inches above the lower roof, the parapet shall extend not less than thirty (30) inches above the lower roof surface. Exception: A parapet is not required in Subsections (1) and (2) of this Section when townhouses are provided with residential sprinkler systems installed in accordance with Section 903 of the IBC, or when the roof is covered with a minimum Class C roof covering and the roof decking or sheathing is of noncombustible materials or approved fire-retardant treated wood for a distance of four (4) feet on each side of the wall or walls, or one layer of five-eighths (5/8) inch, or Type X gypsum board is installed directly beneath the roof decking or sheathing for a distance of four (4) feet on each side of the wall or walls. A parapet is not required where roof surfaces adjacent to the wall or walls are at different elevations and the higher roof is more than thirty (30) inches above the lower roof. The common wall construction from the lower roof to the underside of the higher roof deck shall not have less than a one (1) hour fire-resistive rating. The wall shall be rated for exposure from both sides. All new one- and two-family dwellings and town homes up to 3 stories in height with private garages and carports shall have a 1 hour fire barrier/separation with 45 minute door and heat detector.

Section R-303.3.1 is added to read as follows: "Illumination of Toilet Rooms and Bathrooms." Illumination of toilet rooms and bathrooms is to be the equivalent of at least three (3) foot candles. Section R-303.4.1 (IRC) is added to read as follows: "Locations." Every door which opens directly from any one or two-family dwelling to the outdoors; fifty percent (50%) of the nominal area of every double-hung and horizontal sliding window, and that portion of every other type window normally used for ventilation; and all other openings, unless specifically exempt or modified by the Building Official in accordance with the hardship or modification provisions of this Subtitle and the IRC, shall be screened with not less than sixteen (16) mesh per inch material. In addition, every hinged screen door shall have a self-closing device in good working condition. Screen doors shall not be required on the main entrance door. "Governing Code." Screens required by this Section shall be installed or be available to be installed on all dwelling units. The actual times that screens must be provided and installed for use on all dwellings will be governed by the Prince George's County Housing Code. These provisions shall be applicable to all dwelling structures irrespective of the date of construction. Sound Transmission Class (STC) — Appendix AK is hereby adopted. Section R-303.7.2 is added to read as follows: "Minimum Illumination of Stairwells." Minimum illumination of stairwells is to be the equivalent of at least three (3) foot candles. In all one- and two-family dwellings, at least one (1) light illuminating a stair shall be controlled by wall switches at each end of the stair. All exterior steps shall be provided with a light controlled by a switch on the interior.

The following revision is made to Section M1503.6 Make Up Air Required of the International Residential Code: M1503.6. Makeup air required. Exhaust hood systems capable of exhausting more than 400 cubic feet per minute (0.19m 3 /s) shall be mechanically or naturally provided with makeup air at a rate approximately equal to the exhaust air rate in excess of 400 cubic feet per minute. Such makeup air systems shall be equipped with not less than one damper. Each damper shall be a gravity damper or an electrically operated damper that automatically opens when the exhaust system operates. Dampers shall be accessible for inspection, service, repair and replacement without removing permanent construction or any other ducts not connected to the damper being inspected, serviced, repaired or replaced.

Section R309.2.1 — Rooms or spaces that store electric powered vehicles shall be separated from adjacent spaces by one (1) hour fire-resistance rating walls, ceilings, opening protectives and shall contain a heat detector which upon activation will result in local alarm. Section R-309.6 is added to read as follows: "Interconnecting Doors." All doors between garages and living spaces of the one- and two-family dwellings shall be provided with a self-closing device. The self-closer may be non-listed but must be sufficient to close and latch the door from an open position of twelve (12) inches.

Section R-311.4, Minimum Number of Exits in Existing One- and Two-Family Dwellings. One- and two-family dwellings that undergo basement improvements for which a building permit is required and the work performed will render the area as "Habitable" shall have a minimum of two (2) exits. All basements must have an exit door or an emergency escape and rescue opening leading directly to the outside grade in addition to an interior stair leading to the primary means of egress of the dwelling unit. Section R-311.7.5, Stair Treads and Risers. The maximum riser height shall be eight and one-fourth (8¼) inches, and the minimum tread depth shall be nine (9) inches. The riser height shall be measured vertically between the vertical planes of the foremost projection of adjacent treads and at a right angle to the tread's leading edge. The walking face of treads and landings of a stairway shall be sloped no steeper than one (1) unit vertical in forty-eight (48) units horizontal two percent (2%) slope. The greatest riser height within any flight of stairs shall not exceed the smallest by more than three-eighths (3/8) inch. The greatest tread depth within any flight of stairs shall not exceed the smallest by more than three-eighths (3/8) inch. Section R-312.1.3, Ladder Effect. Guards where required shall not be constructed so as to have an ornamental pattern that would provide a ladder effect.

Section R105.2, Work Exempt from Permit. Notwithstanding the foregoing, except for property located within Chesapeake Bay Critical Area Overlay Zones, permits shall not be required for the following, provided that the construction does not result in any violation of this Subtitle and the building codes: Building Permits: A one-story detached accessory structure (tool, storage shed, playhouse and similar uses) on one- and two-family dwelling properties with less than one hundred fifty (150) square feet of floor space not designed or intended for occupation or habitation and limited to one (1) accessory structure only per property. All forms of impervious area less than five hundred (500) square feet except for parking surfaces (per property/lot) and except for impervious area in the public road right of way. A retaining wall not greater than two (2) feet in height unless supporting a structure. Fence(s) four (4) feet or less in height a permit is not required except fences on a corner lot per Subtitle 27-421. Any component of fencing, regardless of height, that obstructs the public or private pedestrian path, building structure, access to a cross-walk or sidewalk, or other paved portion of the right-of-way; shall be prohibited, Satellite dish(es) not greater than two (2) feet in diameter and height. Residential: Installation of siding including vinyl siding replacement, roofing, or storm door/window installations, provided that no construction is involved. Painting, papering, tiling (floor), carpeting, installation of cabinets, countertops and similar finish work. Prefabricated swimming pools accessory to a one- and two-family dwelling occupancy (not any other use group or public swimming pool) that are less than 24 inches deep, are not greater than 5,000 gallons and are installed entirely above ground provided a four-foot fence is installed around the pool perimeter. Swings and other playground equipment accessory to detached one- and two-family dwelling. An agricultural building per Maryland Code, Pub. Safety § 12-508 and Subtitle 27. Consult with Prince George's Soil Conservation District for approval/permitting requirements. Unless required by the Code Official or designee, replacement (in-kind) of non-fire rated interior/exterior doors, with same door hardware and windows with no structural modification. If any of the above activities in this Section result in land disturbance that exceeds 5,000 square feet, exceeds 100 cubic yards of earth, and/or exceeds twelve inches of grade change, then a grading permit is required in accordance with Subtitle 32-127. If any of the above activities in this Section alter drainage patterns, then a permit is required. If any of the above activities involve the clearing of trees and/or woodland, the permittee shall receive approval or an exemption from The Maryland-National Capital Park and Planning Commission pertaining to tree conservation. Mechanical Permits: Portable heating appliance. Portable ventilation equipment. Portable cooling unit. Modification of steam, hot or chilled water piping within any heating or cooling equipment regulated by this code that does not alter its approval (Listing) or make it unsafe. Replacement of any part that does not alter its approval (Listing) or make it unsafe. Portable evaporative cooler. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less. One-to-one in-kind replacement of plug-in appliances. Replacement of gas appliances shall require a permit from Washington Suburban Sanitary Commission. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Repairs/Replacement Permits: Ordinary repairs and replacements, other than those that include cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; or include additions to, alteration of, replacement or relocation of water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. Ordinary repairs shall include replacement-in-kind of the following: Siding, roofing, gutters, leaders and downspouts, private sidewalks, driveways, patios, awnings and canopies (repair only), equipment, cabinets, slabs, handrails, window screens, or storm doors. Not more than 80 square feet (7.4 sq. meters) of gypsum board (dry wall) excluding installation of fire-rated gypsum wall board or shaft liner. Repair of non-fire rated interior/exterior doors and windows with no structural modification. Computation of the cost of repairs for purposes of this Section shall exclude carpeting replacement, electrical panel capacity upgrades, painting, wallpapering, re-grading and landscaping, lighting fixture replacements, appliance replacements, bathroom cabinetry and fixture replacements, and modifications necessary to comply with the Americans with Disabilities Act ("ADA") requirements. Each street address shall be considered a separate dwelling for application of this Section. All repairs for which a building permit is required that are conducted within a 365-day period shall be deemed a single cumulative repair cost for purposes of the application of this Section. A new Section R105.2.1, Historic Area Work Permit Requirement. Notwithstanding the provisions of Section R105.2, a Historic Area Work Permit must be issued by the Historic Preservation Commission prior to any work on the exterior features of a property that contains a historic site or unclassified historic resource identified on the master plan for historic preservation or that is located within a local historic district. At the time the Historic Area Work Permit is issued, the Historic Preservation Commission shall notify the Director, or the Director's designee by transmitting a copy of the Historic Area Work Permit to the Director. The Director, or the Director's designee shall maintain and enroll the Historic Area Work Permit into the registry of issued permits maintained by the Director. The Director shall not require the issuance of a County building permit for ordinary repairs as defined in Section R105.2, or for ordinary maintenance as defined in Section 29-107(d), in addition to any Historic Area Work Permit that is determined by the Historic Preservation Commission to be required. A new Section R105.2.2, Inventory of Historic Sites, Properties within Local Historic Districts, and Unclassified Historic Resources. The Director, or the Director's designee shall maintain an electronic inventory of historic sites, properties within local historic districts, and unclassified historic resources in Prince George's County. The Historic Preservation Commission shall transmit the listing of historic sites, properties within local historic districts, and unclassified historic resources to the Director or the Director's designee on or about January 1 and July 1 of each year. The listing shall be utilized to notify the Director or his Designee and applicants for County building permits issued by the Director or his Designee that the Historic Area Work Permit requirement described in Sec. R105.2.1 applies to any property that contains a historic site or unclassified historic resource or is located within a local historic district. The Director and/or his Designee shall not issue any permits for a property that contains a historic site or unclassified historic resource or is located within a local historic district, unless the Historic Preservation Commission has first issued a Historic Area Work Permit as required under Sec. R105.2.1. A new Section R105.3.1.1, Required Documents for Permits Application. The application shall include: (1) any and all documents showing the business partners of the owner or lessee involved in the operation and or ownership of the building structure or use for which the permit is being sought; (2) any and all organizational documentation of the entity that owns, uses or leases the building or structure; (3) any and all documents showing who will operate the business; and (4) any other data and information supported by documentation that is required by the Director or the Director's designee deemed necessary for furtherance of the intent of this Code. A new Section R105.3.1.2, Review of Application. The application will be reviewed to ensure that it conforms with all the requirements of the pertinent laws, including but not limited to the requirements of this Code, State and local laws and ordinances. An application for a permit will be reviewed by the Director or the Director's designee, in consultation with the Police Department and the Fire/EMS Department. The Director or the Director's designee shall have the authority to deny any application under the provisions of this Division and shall also have the authority to deny an application upon a violation of this Division. A new Section R105.3.1.3, Application Exemption. The Director or the Director's designee may refuse to accept an application for a permit from any applicant: (1) who is or was in default on a previously issued permit, or who is the permittee listed on an expired permit which is not currently in the process of being extended by County administrative action, or who has not fully complied with the application process; (2) for any other reason the Director or the Director's designee deems necessary in furtherance of the intent of this Code; or (3) for any reason that is necessary to maintain the health, safety and welfare of the public. A new Section R105.3.1.4, By Whom an Application is Made. Application for a permit shall be made by the owner or lessee of the building or structure, or the agent of either, or by the licensed engineer or architect employed in connection with the proposed work. If the application is made by a person other than the owner in fee, the applicant shall attest on the permit application or by separate written statement, that the proposed work is authorized by the owner in fee and that the applicant is authorized to make such application. The full names and addresses of the owner, lessee, applicant, and the responsible officer if the owner or lessee is a corporate body, shall be stated on the application. Subsequent permits will be issued in the name of the owner of record at time of permit issuance. Section R105.3.2, Time Limitation of an Application. An application for a permit for any proposed work shall be deemed to have been abandoned twelve (12) months after the date of filing, unless such application has been diligently pursued in good faith or a permit has been issued. Extensions of time may be authorized by the Director or the Director's designee. The Director or the Director's designee may request any documentation or certification deemed necessary and assess an extension fee as appropriate. Section R105.5, Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within one hundred eighty (180) days after the issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of one hundred eighty (180) days after the time the work is commenced. The Director or the Director's designee is authorized to grant, in writing, one or more extensions of time, for periods not more than one hundred eighty (180) days each. The extension shall be requested in writing and justifiable cause shall be demonstrated. Any permit issued for property within the area of a pending Sectional Map Amendment (as provided for in the County Zoning Ordinance) that is rezoned to a less intense zone, shall expire on its own terms upon approval of the Sectional Map Amendment by the District Council if a completed building foundation for a use not permitted in the less intense zone has not been completed. The Director or the Director's designee shall notify the permit holder of the expiration of the permit. A new Section R105.5.1, Expiration of Permit and Correction of Code Violations. Any permit issued for residential property to correct a building code or housing code violation issued pursuant to Subtitle 4 or Subtitle 13 of the County Code shall be issued only for a period of time reasonably necessary to correct the violation, not to exceed ninety (90) days. The initial period of the permit shall be established by the Director or the Director's designee based upon the extent of the work required to correct the violation. The permit may be extended or renewed for an additional period of one hundred eighty (180) days if, in the opinion of the Director or the Director's designee, the applicant has demonstrated substantial progress to complete the work in accordance with the permit and has demonstrated substantial justification for failure to complete the work within the period of the permit. The Board of Administrative Appeals shall have no authority to grant an extension to the period of the permit. A new Section R105.10, Building Location. No permit for building shall be issued for a structure that overlaps the County line. Location of the County line on the site plan shall be certified by a Professional Land Surveyor. A new Section R105.1.1, Date and Hours of Operation Limits. All permits shall be issued with date and hours of operation limits listed as determined by the Director or the Director's designee. All permits shall be issued indicating that no work shall be performed during the hours of 9:00 p.m. to 7:00 a.m., unless work is performed pursuant to Section 4-120 of this Subtitle. A new Section R105.1.2, After Hours Permit. Any request to work pursuant to a permit beyond permitted construction hours shall be made by application to the Code Official and shall be subject to noise regulations of Prince George's County Code and in accordance with the fee schedule established in Sec. 2-253.63. No after-hours permit shall be issued for work in an area zoned "residential" under the Zoning Regulations then in effect, or in an area within 500 feet (152 400 mm) of such residential zone, or within 500 feet (152 400 mm) of a building with sleeping quarters, unless the Code Official determines that not issuing such permit would pose a threat to public safety, health and welfare. A new R105.1.3 Post Construction Permit. Any owner cited for unpermitted construction shall be required to obtain a "Post Construction Permit" to complete and certify that the unpermitted construction is in compliance with the Code or to remove the unpermitted work. The Post Construction Permit fee must be paid in addition to any other fees required to obtain permits. Post construction plans submitted for approval must be certified by a Maryland Registered Professional Engineer (PE) or a Maryland Licensed Architect.

A new Section R105.6, Suspension or Revocation and Reissuance of Permits. The Director or the Director's designee is authorized to suspend or revoke a permit issued under the provisions of this Code as follows: (1) whenever the permit is issued in error, (2) incorrectly, (3) inaccurately, (4) in an incomplete manner, (5) for any reason that is necessary to maintain the health, safety and welfare of the public, (6) in violation of any ordinance, regulation or any of the provisions of this Code, and (7) the Director or the Director's designee, in consultation with the Police Department and the Fire/EMS Department, shall have the authority to deny, suspend, or revoke any application or permit under the provisions of this Division and upon a violation of this Division. In addition, the failure to have utility lines located on site through the Utility Service Protection Center ("Miss Utility") and any nonmember utilities prior to starting any excavation deeper than twelve (12) inches will result in permit revocation. A permit under which no work has commenced and an inspection has not been performed within one hundred eighty (180) days after issuance shall expire and become null and void; provided, however, that the Director or the Director's designee may extend the time herein not to exceed an additional one hundred eighty (180) days upon sufficient justification shown. A permit under which work has been started and later suspended or discontinued shall expire and become null and void six (6) months after the work has stopped. Work will be considered suspended or discontinued when the builder fails to prosecute the work so as to ensure completion within a reasonable period of time considering the type of construction involved. The Director or the Director's designee may extend the time herein not to exceed an additional twelve (12) months upon sufficient justification shown. A permit issued in error or not in compliance with County Code at time of issuance may be suspended by the Director or the Director's designee. When a permit has expired for failure to commence work, it may be renewed within a period of thirty (30) days from the date of expiration if the conditions under which the permit was originally issued have remained unchanged and there has been no change in law or ordinance that would adversely affect the permit. A fee shall be collected for each renewal; however, no permit may be renewed more than two (2) times. Whenever the Director or the Director's designee determines by inspection that work started on any building or structure for which a permit has been issued has been suspended for a period of six (6) months, the owner of the property upon which the structure is located, or other person or agent in control of said property, shall, within thirty (30) days from the receipt of written notice from the Department, obtain a new or renewal permit to complete the required work and diligently pursue the work to completion, or shall remove work not completed or demolish the incomplete structures or buildings within sixty (60) days from the date of the printed notice. Permits suspended for failure to comply with the County Code or ordinances may be reinstated by the Director or the Director's designee upon compliance or approved validation. A permit issued for property within the area of a pending Sectional Map Amendment, as provided for in Subtitle 27 of this Code, that is rezoned to a less intense zone, shall expire if a completed building foundation for a use not permitted in the less intense zone has not been constructed pursuant to a validly issued permit prior to District Council approval of the Sectional Map Amendment. The determination of the Director or the Director's designee made in accordance with Subsection R105.5.1 of this Subtitle shall not be appealable to the Board of Appeals. The Director or the Director's designee may reissue a permit subject to all applicable laws or regulations in effect at the time the permit was originally issued, for a period not to exceed one (1) year after expiration provided that: The County Executive, by Executive Order, has made a finding of severe economic factors adversely affecting real estate development and construction in the County during a specified period and the County Council has been notified by the County Executive of such finding at least seven (7) days prior to issuance of the Executive Order; There is a reasonable showing that these economic factors contributed to the expiration of the permit; There has been no change in the zoning of the property which would affect the issuance of the permit; and A processing fee has been paid in an amount equal to the amount that would be required if the permit was renewed. A new Subsection R105.6.1, Revocation of Permits. In addition, the failure to locate utility lines on site, prior to starting any excavation deeper than twelve (12) inches, by not contacting in due time the Utility Service Protection Center, "Miss Utility," and nonmember utilities, as known, and having such utilities locate lines on site, shall be cause - irrespective of whether or not a utility line is ruptured - for revocation of the permit. In order to continue work for which a permit has been revoked, a new application shall be required as specified in Section R105, Permits of IRC. Section R105.7 - Posting of permit. The permit, or a copy thereof, shall be kept on the work site and conspicuously displayed at a location visible from the street until the completion of work for which the permit is issued.

Section R106.1.1.2, Location of Underground Utility Lines Prior to Commencement of Work. For all work that requires excavation deeper than twelve (12) inches, the permit holder (permittee) accepting the permit agrees to contact the Utility Service Protection Center, "Miss Utility," and nonmember utility companies, as known, in due time and prior to beginning any excavation work for the purpose of having each utility company locate its lines on site. In the event that the permittee fails to obtain the services of the utilities, then in such event, and irrespective of whether or not a utility line is ruptured, the Director or the Director's designee may revoke the building or grading permit, or both. In such event, all fees paid to the County shall be forfeited and, in order to continue work, a new application with requisite fee for a permit shall be filed. Drawings shall be reexamined to determine that all utilities have been located and verified by the utility companies having knowledge of the location of such underground utilities. However, in the event any or all of the respective utility companies fail to furnish the requisite information to the permittee within a reasonable period of time as determined by the Director or the Director's designee under all of the circumstances, then, in such event, the foregoing revocation provisions shall not apply. Section R106.1.1.3. Acknowledgement of Final Grade. Builders and developers shall place on record with each utility company a written acknowledgment that final grade has been achieved to within six (6) inches. Utility lines shall not be installed until such acknowledgment has been received by the utilities. A new Section R106.3.3.1, Approval of Partial Plans. The code official is authorized to issue a partial permit for the construction of foundations or any other part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the County Building Code. Issuance of a partial permit by the code official does not constitute assurance that a permit for the entire structure will be granted. The holder of such partial permit for the foundations or other part of a building or structure will proceed with the building operation at the holder's own risk and without assurance that a permit for the entire structure will be granted. Transitory Provisions Applicable Codes. The laws and regulations in force on the date that a new edition of the Construction Codes are adopted pursuant to the sections below. Existing Valid Permit. Work authorized by a permit issued before the effective date of the new edition of the Construction Codes shall be allowed to be carried to completion, subject to the conditions of Sections R105.5 and R105.6. Existing Filed Application. Applications for permits for which the application filing deposit has been paid before the effective date of the new edition of the Construction Codes shall be allowed to be processed to issuance of the permit, and any work authorized thereby shall be allowed to be carried to completion, under the edition of the Construction Codes in effect on the date said applications were filed, subject to the following conditions: Each such application shall have been filed accompanied by plans and other information conforming to Section R106, sufficiently complete to allow processing of the permit without substantial change or deviation; Each such permit shall be paid in full and taken out by the applicant within one year after the effective date of the new edition of the Construction Codes; All work authorized by such permit shall be carried to completion under the terms of the permit; and Permits granted under Section Transitory Provisions shall not be extended if permitted to expire, pursuant to Section R105.5, or if revoked pursuant to Sections R105.6 and R105.6.1. Existing Design Contracts. Buildings and other structures under contract for design on the effective date of the new edition of the Construction Codes, for which no permit applications have been filed, shall be allowed to be filed, processed to issuance of permit, and any work authorized thereby shall be allowed to be carried to completion, under the previous edition of the Construction Codes, subject to the following conditions: The applicant shall file the permit application, accompanied by plans and other information conforming to Sections R106 of the new edition of the Construction Codes, sufficiently complete to allow processing of the permit without substantial change or deviation, within one year after the effective date of the new edition of the Construction Codes; The applicant shall submit a copy of the design contract, with a notarized affidavit stating that the submitted copy is a true and accurate copy of the contract for the design of the building or other structure, that the contract was in effect on or before the effective date of the Construction Codes, and that the design submitted with the permit application was made under such contract; The permit shall be obtained, and the permit fee paid in full by the applicant within one year after the filing date; All work authorized by such permit shall be carried to completion under the terms of the permit; and Violations or Infractions. The laws and regulations in force on the date that a new edition of the Construction Codes is adopted and shall apply with respect to violations or infractions committed prior to said date, whether the prosecutions or adjudications of those violations of infractions are begun before or after said date.

R-313.1 Section, Automatic Sprinkler System Requirement for New One- and Two-Family Dwellings and Industrialized Buildings (Modular and Manufactured Homes to be utilized as a new One- and Two-Family Dwelling). This Section, R-313.1, supersedes Section R-313 of the IRC. An automatic sprinkler system shall be provided throughout new one- and two-family dwellings, including industrialized (modular) and manufactured homes, installed as manufactured homes after December 31, 2010. The following reductions in construction requirements are permitted when a one- or two-family dwelling is fully sprinklered: A basement exit to grade is not required; A second exit from the dwelling is not required; Trusses are not required to be provided with a fire-resistive ceiling membrane; and Fire separations may be reduced from two (2) hours to one (1) hour rating and may be constructed with combustible framing. The one (1) hour rated fire separation wall need not be able to withstand collapse of construction on either side under fire conditions. Section R-313.2, Connection from Sprinkler Systems. Sprinklers systems designed in accordance with NFPA 13D shall be supplied and protected from backflow in accordance with the WSSC Plumbing and Fuel Gas Code. Repairs to detached one- and two-family dwellings and townhomes not more than three stories above grade plane which, because of lack of maintenance or structural damage due to fire, explosion, or natural causes, which, in the opinion of the Director of the Director's designee, exceed fifty percent (50%) of the building shall have an approved automatic fire sprinkler system installed throughout the building as part of the scope of repairs completed. Additions to existing structures which exceed one hundred percent (100%) of the total floor (square footage) of the existing structures will cause the altered structure (addition plus existing structure) to be fully sprinklered. Section R-313.4, Sprinklers for Additions. All enclosed or habitable additions to an existing sprinklered one- or two-family dwelling, including industrialized (modular and manufactured) homes must also be fully sprinklered. Section R-313.5, Location and Performance of Fire Hydrants. Every building of more than one thousand (1,000) square feet in an area shall be provided with sufficient fire hydrants located such that no exterior portion of the building is located more than five hundred (500) feet from a fire hydrant. The distance shall be measured as a hose line would be laid along paved streets, through parking lot entrances, and around obstructions, in accordance with the determination of the authority having jurisdiction. For multiple single-family dwellings (townhouses), provide a fire hydrant within five hundred (500) feet of all exterior portions of the building, as hose is laid. Each hydrant shall provide a minimum of one thousand (1,000) gpm at a residual pressure of twenty (20) psi. Exception: An approved alternate water supply source may be acceptable in areas not served by a public water supply. In addition, a fire hydrant is not required to be situated within two hundred (200) feet of any required fire department connection that is intended to supply an automatic fire sprinkler system that has been retrofitted into an existing building of any use group, provided that the area of the building has not been increased in size or the use group classification has not been changed to require an automatic fire suppression system under any other provision of this Division. Section R-313.6, Booster Pump for Automatic Sprinklers. Where a booster pump is required for the water supply to the automatic sprinklers, the pump driver shall follow the requirements of this Section. Section R-313.6.1, Water Pressure and Volume Boost with Standard Drip Proof Pump Drive. Water pressure and volume boost with standard drip proof pump drive shall be installed as follows: Circuit breaker switch must be within the visual line-of-sight of the pump. A sub-panel may be provided within the line-of-sight of the pump, if the main panel is in a remote location to the pump. Passive electrical supervision to the pump will be accomplished through the following wiring diagram of either the main or subpanel. See figure R-328.6.1. Section R-313.6.2, Water Pressure and Volume Boost with Totally Enclosed, Fan Cooled Pump Driver. Water pressure and volume boost with totally enclosed fan cooled pump driver shall be installed as follows: Circuit breaker switch must be within the visual line-of-sight of the pump. A sub-panel may be provided within the line-of-sight of the pump, if the main panel is in a remote location to the pump. Passive electrical supervision to the pump will be accomplished through the following wiring diagram of either the main or subpanel. See figure R-313.6.1. Section R-313.6.3, Any Pump with a Stored Water Supply. Any pump with a stored water supply shall be installed as follows: Circuit breaker switch must be within the visual line-of-sight of the pump. A sub-panel may be provided within the line-of-sight of the pump, if the main panel is in a remote location to the pump. Passive electrical supervision to the pump will be accomplished through the following wiring diagram of either the main or subpanel. See Figure R-313.6.1 Figure R-328.6.1 Section R-313.6.4, Combination Use Standard Wiring Method. Any pump on a single circuit shall be installed to be within visual sight of the pump. Section R-313.6.5, Mounting Considerations for Any Pump Serving a Residential Sprinkler System. Any pump serving a residential sprinkler system shall be installed as follows: Wall or floor mounted; Accessible for inspection or service; Ensure not located in hazardous area; Install as per manufacturer's requirements.

Section R-302.2.5 is amended to read as follows: "Parapets." Parapets constructed in accordance with Section R-302.2.4 shall be provided for townhouses as an extension of common exterior or walls in accordance with the following: Where roof surfaces adjacent to the wall or walls are at the same elevation, the parapet shall extend not less than thirty (30) inches above the roof surfaces; and Where roof structures adjacent to the wall or walls are at different elevations and the higher roof is not more than thirty (30) inches above the lower roof, the parapet shall extend not less than Thirty (30) inches above the lower roof surface. Exception: A parapet is not required in Subsections (1) and (2) of this Section when townhouses are provided with residential sprinkler systems installed in accordance with Section 903 of the IBC, or when the roof is covered with a minimum Class C roof covering and the roof decking or sheathing is of noncombustible materials or approved fire-retardant treated wood for a distance of four (4) feet on each side of the wall or walls, or one layer of five-eighths (5/8) inch, or Type X gypsum board is installed directly beneath the roof decking or sheathing for a distance of four (4) feet on each side of the wall or walls. A parapet is not required where roof surfaces adjacent to the wall or walls are at different elevations and the higher roof is more than thirty (30) inches above the lower roof. The common wall construction from the lower roof to the underside of the higher roof deck shall not have less than a one (1) hour fire-resistive rating. The wall shall be rated for exposure from both sides. Section R305.1: The Exceptions are amended to include Exception 5: The Director or designee shall approve, in writing, any ceiling height above finished floor.

Section R-327.1, Outdoor Swimming Pool. An outdoor swimming pool, including an in-ground, above-ground or on-ground pool, hot tub or spa shall be surrounded by a barrier which shall comply with the following: The top of the barrier shall be at least six (6) feet above grade measured on the side of the barrier which faces away from the swimming pool.

The following amendments, additions, and/or deletions are to Section R-403 of the IRC: At a minimum, every other vertical reinforcement shall have a footing dowel or use engineer design per IRC code. The lap length at the top of the footing shall be adequate to develop the full tension capacity of the reinforcement. Footing design shall be based on minimum soil load bearing capacity of 1,500 psf. See IRC Table 403.1(1) to 403.1(3). Footings in accordance with the engineering design are acceptable if a geotechnical report including the soil load bearing capacity is provided for each lot. Section R-403.1.4, Minimum Depth. All exterior footings and foundation systems shall extend below the frost line. The bottom of all exterior footings shall be placed at thirty (30) inches below the finished grade. Exception: An exception to Section R-403.1.4 can be granted by the Director or designee for accessible access. Section R-403.1.6, "the maximum spacing of one-half (½) inch diameter anchor bolts is amended to be four (4) feet." Section R-403.2, titled "Footings for wood foundations" is deleted.

The following amendments, additions, and/or deletions are made to Section R-404 of the International Residential Code: Section R-404.1.1, Design Loads. In addition to other applicable loads, the basement walls shall be designed for the at-rest pressure (lateral soil load) as described in Table 1610.1 of the 2021 International Building Code. Section R-404.1.2, Design of Concrete Masonry. Design of concrete masonry unit (CMU) walls shall conform to the Building Code Requirements for Masonry Structures (ACI 530/TMS 402) Chapters 1, 2 and 3. Minimum horizontal joint reinforcement consisting of not less than two continuous wires each with a minimum cross-sectional area of 0.017 square inch (9 gage) shall be provided in horizontal bed joints spaced not more than every second course vertically. For basement walls subjected to lateral earth pressure, minimum vertical reinforcement shall consist of one No. 5 rebar (ASTM A615 grade 60) spaced not more than sixteen (16) inches (for nominal 8", 10" or 12" walls). Cells having vertical reinforcement shall be filled with concrete or masonry grout meeting the requirement of ASTM C476. Vertical steel reinforcement shall be placed not more than 2 inches from the inside face of the walls. Section R-404.1.3, Design of Concrete Walls. Design of concrete walls subjected to lateral earth pressure shall conform to the Building Code Requirements for Reinforced Concrete (ACI 318) Chapter 10. Minimum reinforcement in each direction shall not be less than that required by Chapter 7 (i.e. for ASTM A615 grade 60, No. 4@14" for 8-inch thick, No. 4@12" for 10-inch thick, and No. 4@10" for 12-inch-thick wall). For design of concrete walls subjected to lightly loaded lateral earth pressure (4 feet or less of unbalanced backfill) or concrete walls with insignificant stress components (for example, stresses reduced by mean of wall stiffeners) the ACI 318 Chapter 22 may be used to determine the amount of reinforcement required. Engineered wall design is acceptable for wing walls per ACI-318 code. For walls that are proposed to serve as floods walls, the permittee shall secure approval from the US Army Corps of Engineers prior to submittal to Prince George's County for building permit. The applicant shall submit evidence of approval. The following requirements shall be met for retaining wall permits, not including cantilevered retaining walls for basements, which are covered by the 2021 IBC, Chapter 18. The Height of a retaining wall is measured from lowest ground elevation on the lower or bottom side of wall to the highest elevation on the top of the retaining wall structure, at any given cross section of the wall. Soil investigation is required at a minimum rate of one soil test boring per 100 linear ft of the retaining wall length. Timber retaining walls are not allowed. In general, on residential developments, the height of retaining walls shall be minimized preferably to less than 6 feet, for ease of maintenance. This also applies to the cumulative height of tiered retaining walls. Retaining walls shall be located on common homeowner or business park association parcels, to the maximum extent practical. Retaining walls shall not be located in the public storm drain or storm water management easements. Retaining walls shall not be located in the County public road right of way, except for abutment walls for bridges. For Segmental Retaining walls (SRW) including Mechanically Stabilized Earth Walls (MSEW) higher than 2 feet, and other proprietary products, the applicant shall include in the permit submittal the manufacturer's information and specifications, and a valid evaluation report from a DPIE approved listing agency. The permittee shall submit an acceptance letter for the geotechnical aspects only of the wall design from the Geotechnical Engineer of Record (GER) if the GER is not the wall designer. Declaration of Easements for Retaining Walls Retaining walls and tiered walls with a cumulative height of 6 feet or greater are required to have a permanent easement in front of and behind the wall. The easement dimension shall not be less than 10 feet wide on the low side of the wall. On the high side of the wall, the easement shall contain the select backfill zone, including soil reinforcement including geogrids, tiebacks, anchors, and footings. The easement dimension on the high side of the wall shall not be less than 10 feet wide. Grading and retaining wall permit plans shall reflect the limits of the retaining wall easements and the horizontal extent of soil reinforcement, footing, and select backfill zone. The following site elements shall not be located inside retaining wall easements: Buried utilities (except as noted in (9)(aa) and (9)(bb) below Building additions Porches Structures Pools Decks Stormwater management devices and storm drain pipe Trees The following site elements are permissible inside retaining wall easements: Storm drain outfall pipe located perpendicular to the wall, if there is no alternative but to penetrate through the wall. The storm drain shall have a drop manhole on the high side of the wall, and the storm drain pipe under the footing of the retaining wall shall be encased in an outer pipe sleeve that is at least 12 inches larger in size than the conveying storm drain pipe. Storm drain inlets and pipes necessary to capture the swale immediately above the wall. These storm drain systems must be designed shallow enough to be built above the soil reinforcement (not deeper than 2 feet). Sheds Fences - fence posts shall be located a minimum of 3 feet from the face of wall. Patios Pergolas Benches Sidewalks Trails Signage Landscaping (not including trees) Private roads and parking lots — guardrails and traffic barriers shall be provided and located between the wall and the roadway, a minimum of 3 feet from the face of the wall. Above features in (9)(cc, dd, ee, ff, gg, hh, ii, kk and ll) are only allowable within retaining wall easements if the Declaration of Easement language obligates the owner/maintainer of these features to remove and replace these elements, as may be required for wall maintenance or reconstruction. The retaining wall Declaration of Easement shall specify maintenance responsibility. The Declaration of Easement shall restrict future construction of unacceptable elements. Retaining walls that span across multiple residential lots shall be maintained by the Homeowner's Association. Retaining wall plans shall show wall drainage systems and select backfill behind the wall, filter fabric between the select backfill and adjacent soils, structural elements, and reinforcement type and size. Retaining walls shall be designed to meet the minimum safety factor of 1.5 against sliding and overturning. Retaining wall plans shall show in site plan view, wall profile view, and wall sections the extent of select backfill, soil reinforcement, filter fabric, and other pertinent information. The design professionals (structural, civil, geotechnical) shall fully coordinate select backfill and soil reinforcement with all site features. Retaining walls shall be located with the toe of the wall a minimum of 25 feet from creeks, streams, and swales, as these locations have the potential for eroding and undermining retaining wall structures. The design engineer shall submit a scour analysis for streams and swales in close proximity to retaining walls. If the scour analysis requires, the retaining wall permit documents shall be designed with a foundation system capable of withstanding the scour, for example deep foundation system and/or armoring of the stream, as required. Segmental retaining walls (SRWs), including the leveling pads, shall not be placed below the 100-year floodplain elevation, due to concerns with scour and migration of soil backfill. For retaining wall permits, a global stability analysis shall be signed and sealed by a licensed geotechnical engineer and must be provided for the following conditions: Walls with cumulative height taller than 10 ft; Walls with cumulative height taller than 6 ft and with back slope steeper than 3 horizontal to 1 vertical; Walls on or adjacent to unstable soils, such as over-consolidated clay; or When deemed necessary by DPIE or the Geotechnical Engineer of record (GER). The retaining wall calculations shall achieve a 1.5 minimum factor of safety for global stability. The global stability analysis is also required for a series of tiered retaining walls, for which the cumulative height of all walls exceeds the heights described in (17) above. Retaining walls shall be drained by a system that includes: Perforated drainage pipes at the toe of the wall. Toe drainage pipes shall be connected to a solid storm drain or discharge to grade; An upright drainage layer behind the wall façade that ties into the toe drainage behind the wall bottom. This drainage layer can consist of gravel or a prefabricated geo-composite if recommended by the design engineer; Filter fabric between the gravel and soil; and Perforated two (2)-inch minimum diameter PVC weep holes, through the wall, for the entire length of the wall, and at a maximum spacing of 20 feet. Within the select backfill zone, the upper soil layer shall consist of 4 inches of topsoil and 12 inches of impervious clay soil or an impermeable geo-membrane below the topsoil. The purpose of this is to limit surface water infiltration into the select backfill zone of the retaining wall. To prevent surface storm water from flowing over the top wall of wall, a swale is required immediately behind the wall. The swale may be located at least 12 inches behind the high side of the wall, with a depth of at least 6 inches. The swale shall have 4 inches of topsoil at the surface and 12" of impervious lean clay soil or an impermeable geo-membrane below the topsoil. If the length of land adjacent to and perpendicular to the wall is negligible, for example less than 5 feet wide, such that surface sheet flow down the slope and towards the wall is minimal, then the swale above the wall is not required. All concentrated flows shall be intercepted into a storm drain system and conveyed thru the wall. If the groundwater elevation is 2 feet or less below the retaining wall leveling pad or is expected to rise seasonally to the bottom of the leveling pad or higher, a blanket drain is required below the retaining wall, near the bottom of the leveling pad. If an identified water source such as groundwater or springs are located on the high side of a retaining wall, a drainage blanket and chimney drains at least 6" thick are required. The drainage blanket shall extend laterally from the wall to the chimney drain at a rising slope of 3%. The chimney drain shall rise to the elevation of the groundwater source, and shall have a heel drain pipe with a minimum four (4) inch diameter at its bottom. Blanket and chimney drains are also required if surface drainage runoff or subsurface water may otherwise flow to the wall, which frequently comes from unconfirmed or unidentified water sources. The blanket shall extend back from the wall to cover the entire select backfill and to reach the possible water source. The chimney height shall be seventy (70) percent of the wall height, with a heel drain pipe. Soil reinforcement and/or other slope stabilization measures, such as caissons, piles, piers, deep dynamic compaction, or other means shall be shown to scale on the site grading plans in profile and plan views. Retaining walls that retain multiple lots shall pass final inspection successfully before structures on all retained lots can receive final inspection.

This Section is deleted in its entirety.

The following amendments, additions, and/or deletions are made to Section R-405 of the International Residential Code: Section R-405.1.2, Subsoil Drainage Systems. Subsoil drains shall be required for all buildings having basements, cellars, crawl spaces, or floors below grade. Subsoil drains shall be located inside and outside of the foundation and shall be installed at or below the area to be protected. Drains shall discharge by gravity or mechanical means into an approved drainage system. Section R-405.2.3, Sump Pumps and Pits. Where subsoil drains do not discharge by gravity, the drains shall discharge to an accessible sump pit with an automatic electric pump. A battery back-up or water-powered back-up sump pump will also be provided. The sump pit shall be a minimum of twenty-four (24) inches in diameter or eighteen (18) inches square and twenty-four (24) inches in depth, and be provided with a fitted cover. The sump pump shall have adequate capacity to discharge all water coming into the sump as it accumulates but in no case shall the capacity of the pump be less than fifteen (15) gallons per minute. The discharge from the pump shall be a minimum of one and one-fourth (1¼) inches and shall have a union in the discharge piping to make the pump accessible for servicing. Subsoil drains and sump pump discharge may discharge to a properly graded open area provided the point of discharge is ten (10) feet from any property line or Building Restriction Line (BRL). Where a continuously flowing spring or high groundwater table is encountered during the design stage, basement floors shall be designed at least two and one-half (2.5) feet above the groundwater's highest detected level. Alternatively pre-approved methods of permanent dewatering shall be provided, and the groundwater level shall be verified again before construction. If such condition is encountered by the County and subsoil drains are pre-approved by the County; these drains must be piped to a storm drain or approved outfall where they shall be fitted. When piped to a storm drain all drainage lines shall include an accessible backwater valve. Residential sump pumps are not to be relied on for lowering high groundwater table. Section R-405.1.4, Areaway Drains. All open subsurface space adjacent to a building serving as an exit or entrance shall be provided with a drain or drains. Such areaway drains shall be of approved material in accordance with Chapter 30 of this Code and not less than 2 inches in diameter and shall discharge by gravity or mechanical means in accordance with R-405.1.2. Areaway drains for areas exceeding 800 square feet shall be sized in accordance with Section 1113 of the 2021 International Plumbing Code. Section R-405.1.5, Window Well Drains. Window well areaways shall have drains. Window well areaways 10 square feet or less may discharge to the subsoil drain through a 2-inch minimum diameter pipe. Drains for window well areaways greater than 10 square feet shall be installed in accordance with Section R-405.1.3. Section R-405.1.6, Foundation Weep Holes. Where subsoil drains are required by Section R-405.1.1, foundations of hollow core masonry shall have foundation weep holes. Weep holes shall be placed a maximum of 4-foot o/c intervals and shall discharge into the aggregate of the interior subsoil drainage system. Section R-405.1.7, Site Grading. The ground immediately adjacent to the foundation shall be sloped away from the building at a slope that conforms with the County Grading Code 32-151. Consideration shall be given to the possible additional settlement of the backfill when establishing the final ground level adjacent to the foundation. Section R-405.2, titled "Wood foundations" is deleted in its entirety.

The following addition is made to Section R-502 of the International Residential Code: Section R-502.7. Floor joists adjacent and parallel to the exterior foundation wall shall be provided with full-depth solid blocking, not less than two (2) inches nominal in thickness, placed perpendicular to the joist at spacing not more than four (4) feet. The blocking shall be nailed to the floor sheathing, the joist and the exterior rim joist/board.

Section R-502.8.3, Protection of Truss Framing Members. All combustible truss framing members which comprise a portion of a nonrated floor assembly shall be protected by the installation of a ceiling. The ceiling material shall not be less than one-half (1/2) inch gypsum board or an approved equivalent alternative material. The ceiling must be adequately supported by direct mechanical fastening to the structural framing or be suspended by not less than No. 12 MSG galvanized steel wire or by an equivalent method. Where combustible truss joist framing is used as a portion of a required rated floor-ceiling assembly, the structural members shall be protected in accordance with an appropriate tested and listed design. Exceptions: Buildings protected throughout, excluding crawlspaces less than forty-two (42) inches in depth by an automatic sprinkler system; and Crawl spaces of not more than forty-two (42) inches in depth, measured from the top of the floor surface above to the surface of the crawl space floor.

Section R602.10.9.2 Braced wall panel supported by floor joists, beams or girders (see section R602.10.8). When the interior braced wall panel, not supported by continuous braced wall or foundation wall below, is used in conjunction/combination with the exterior braced walls, the design of this braced wall system (interior and exterior) including the design of the supporting joists, beams and girders, column and foundation shall be in accordance with accepted engineering practice.

Section R113.2 of the IRC is amended to read as follows: "Notice of Violation" R113.2.1 Issuance of Notice of Violation The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. R113.2.2 Administrative Lien Upon issuance of a notice of violation, the Building Official may place an administrative lien on the property that shall serve as notice to prospective purchasers, lessees, or other transferees. The Building Official may release the administrative lien upon abatement or correction of the underlying violation(s) giving rise to the notice of violation or upon verification that the prospective purchaser, lessee, or other transferee has been notified of the existence of the Stop Work Order. Section R113.4 of the IRC is amended to read as follows: "Violation Penalties" R113.4.1 Civil Penalties: Any person, firm, association, partnership, corporation, or combination thereof who shall violate a provision of the International Residential Code (IRC), or of this Subtitle, or fail to comply with any of the requirements thereof, violates a lawful order issued thereunder, or any person who shall erect, construct, alter, or repair a building or structure or mechanical or electrical system without all required permits or in violation of an approved plan or directive of the Building Official, or of a permit or certificate issued under the provisions of this Subtitle or the IRC, may be liable for a civil fine in accordance with the provisions of this section. A civil fine imposed under this subsection is in addition to any other sanction provided by law. A civil fine may be assessed in conjunction with a written notice of violation or through the issuance of a civil citation or an administrative citation in accordance with the provisions of this Subtitle. R113.4.1.1 Civil Fine Imposed Through Notice of Violation: When a civil fine is imposed through a notice of violation, the notice of violation shall state the amount of the civil fine and a description of the circumstances giving rise to the assessment. A civil fine imposed through a notice of violation shall be one thousand dollars ($1,000) per violation. Each day that a violation continues shall be deemed a separate offense. A civil fine assessed through a notice of violation shall be due and payable within 30 days after the Building Official issues the written notice. R113.4.1.1.1 Appeal of Civil Fine Issued Through Notice of Violation: A written notice of violation assessing a civil fine under this section shall be a final decision of the Director or the Director's designee. R113.4.1.1.2 Recording of Civil Fine as tax lien: If a civil fine imposed through a notice of violation has not been paid within 30 days after the written notice of violation, the Director may cause the written notice of violation to be recorded with the Director of Finance for Prince George's County. Recordation of the notice of violation shall constitute a lien on the subject property and shall be collected in the same manner as other County real estate taxes. The filing of an appeal of a civil fine shall not affect the recordation of a tax lien under this subsection. Upon receiving notice that a duly adjudicated appeal has resulted in a decision in favor of an appellant regarding a civil fine imposed under this subsection, the Director of Finance shall release the tax lien. R113.4.1.2 Civil Fine Imposed Through Civil Citation R113.4.1.2.1 In the event that a responsible party does not comply with a notice of violation within the time period provided, including any period allowed by appeal, and upon verification by the Director or the Director's designee that the violation still exists, the Director or the Director's designee may issue upon the responsible parties a civil citation pursuant to Subtitle 28, Division 3, of this Code. R113.4.1.2.2 Separate Violation: Each day the violation continues is deemed a separate offense and is subject to an additional citation and fine in the same dollar amount as the repeat citation(s). R113.4.1.2.3 Civil Citation in addition to other sanctions: A civil citation imposed under this subsection is in addition to any other sanction provided by law. R113.4.1.3 Administrative Citation R113.4.1.3.1 In lieu of issuing a civil citation pursuant to Section R113.4.1.2 above, upon verification of a violation of this Section, the Director or Director's designee may issue upon the responsible parties an administrative citation as that term is defined in Section 13-1121. R113.4.1.3.2 In addition to any other matters that the Director prescribes, the issuance of an administrative citation shall comply in all respects with the requirements of Sec. 13-1125 of this Code. R113.4.1.3.3 Administrative citations issued under this subtitle shall be adjudicated in accordance with the provisions outlined in Sections 13-1126, 13-1127, 13-1128, 13-1129, 13-1130, 13-1131, and 13-1132 of this Code. R113.4.1.3.4 A civil fine imposed through an administrative citation under this section shall be five hundred dollars ($500.00) per violation and shall be due and payable within 30 days after the citation is issued. Each day that a violation continues shall be deemed a separate offense. Section R.113.5 is added and shall read as follows: 113.5 Disclosure Requirements: 113.5.1 Disclosure to Prospective Transferee: When the owner of a dwelling unit or structure has received a notice of violation issued under this Subtitle, the owner shall provide a copy of the notice of violation to a prospective purchaser, lessee, or other transferee. 113.5.2 Recordation: The Director may record a notice of violation issued under this Subtitle among the land records in the Circuit Court for Prince George's County.

Section R114.1 of the IRC is amended to read as follows: R114.1.1 Issuance of Stop Work Order Upon notice from the Building Official that work on any building or structure is being executed contrary to the provisions of this code or in an unsafe and dangerous manner, such work shall be immediately stopped. The Stop Work Order shall be in writing and shall be given to the owner of the property involved, the owner's authorized agent or the person performing the work. Upon issuance of a Stop Work Order, the cited work shall immediately cease. The Stop Work Order shall state the reason for the order and the conditions under which the cited work will be permitted to resume. Stop Work Order will be in full force until all fees and penalties are paid and permits have been secured for all illegal and/or unpermitted construction. R.114.1.2 Administrative Lien Upon issuance of a Stop Work Order, the Building Official may place an administrative lien on the property that shall serve as notice to prospective purchasers, lessees, or other transferees. The Building Official shall release the administrative lien upon abatement or correction of the underlying violation(s) giving rise to the Stop Work Order or upon verification that the prospective purchaser, lessee, or other transferee has been notified of the existence of the Stop Work Order. Section R114.2 of the IRC is amended to read as follows: Unlawful Continuance R114.2.1 Civil Penalties: Any person, firm, association, partnership, or corporation, or combination thereof, who shall continue work in violation of the provisions of a Stop Work Order or shall remove or cause to be removed a Stop Work Order sign still in effect and operation, may be liable for a civil fine in accordance with the provisions of this section. A civil fine imposed under this subsection is in addition to any other sanction provided by law. A civil fine may be assessed in conjunction with a written notice of violation or through the issuance of a civil citation or an administrative citation in accordance with the provisions of this Subtitle. R114.2.1.1 Civil Fine Imposed Through Notice of Violation: When a civil fine is imposed through a notice of violation, the notice of violation shall state the amount of the civil fine and a description of the circumstances giving rise to the assessment. A civil fine imposed through a notice of violation shall not exceed one thousand dollars ($1,000) per violation. Each day that a violation continues shall be deemed a separate offense. A civil fine assessed through a notice of violation shall be due and payable within 30 days after the Building Official issues the written notice. R114.2.1.1.1 Appeal of Civil Fine Issued Through Notice of Violation: A written notice of violation assessing a civil fine under this section shall be a final decision of the Director or the Director's designee as is contemplated. R114.2.1.1.2 Recording of Civil Fine as tax lien: If a civil fine imposed through a notice of violation has not been paid within 30 days after the written notice of violation, the Director may cause the written notice of violation to be recorded with the Director of Finance for Prince George's County. Recordation of the notice of violation shall constitute a lien on the subject property and shall be collected in the same manner as other County real estate taxes. The filing of an appeal of a civil fine shall not affect the recordation of a tax lien under this subsection. Upon receiving notice that a duly adjudicated appeal has resulted in a decision in favor of an appellant regarding a civil fine imposed under this subsection, the Director of Finance shall release the tax lien. R114.2.1.2 Civil Fine Imposed Through Civil Citation R114.2.1.2.1 In the event that a responsible party does not comply with a notice of violation within the time period provided, including any period allowed by appeal, and upon verification by the Director or the Director's designee that the violation still exists, the Director or the Director's designee may issue upon the responsible parties a civil citation pursuant to Subtitle 28, Division 3, of this Code. R114.2.1.2.2 Separate Violation: Each day the violation continues is deemed a separate offense and is subject to an additional citation and fine in the same dollar amount as the repeat citation(s). R114.2.1.2.3 Civil Citation in addition to other sanctions: A civil citation imposed under this subsection is in addition to any other sanction provided by law. R114.2.1.3 Administrative Citation R114.2.1.3.1 In lieu of issuing a civil citation pursuant to Section 114.2.1.2 above, upon verification of a violation of this Section, the Director or Director's designee may issue upon the responsible parties an administrative citation as that term is defined in Section 13-1121. R114.2.1.3.2 In addition to any other matters that the Director prescribes, the issuance of an administrative citation shall comply in all respects with the requirements of Sec. 13-1125 of this Code. R114.2.1.3.3 Administrative citations issued under this subtitle shall be adjudicated in accordance with the provisions outlined in Sections 13-1126, 13-1127, 13-1128, 13-1129, 13-1130, 13-1131, and 13-1132 of this Code. R114.4.1.3.4 A civil fine imposed through an administrative citation under this section shall be five hundred dollars ($500.00) per violation and shall be due and payable within 30 days after the citation is issued. Each day that a violation continues shall be deemed a separate offense. Section R.114.3 is added and shall read as follows: 114.3 Disclosure Requirements: 114.3.1 Disclosure to Prospective Purchaser or Lessee: When a stop work order has been issued under this Subtitle and remains effective at the time of a prospective transfer or lease, the owner shall provide notice of the stop work order to a prospective purchaser or lessee. 114.3.2 Recordation: The Director shall record evidence of a stop work order issued under this Subtitle among the land records in the Circuit Court for Prince George's County.

Section R903.4.2 is added to read as follows: "Gutters and Downspouts." Unless constructed with parapet walls and coping, all exterior walls shall be provided with gutters and downspouts or leaders to dispose of roof drainage to comply with the International Plumbing Code.

Section C402.2.1.1. is amended to read as follows: Low sloped roofs, with a slope less than 2 units vertical in 12 horizontal, directly above cooled conditioned spaces in Climate Zones 1, 2, 3 and 4 shall comply with one or more options in Table C402.2.1.1.

Table C402.3 is amended to read as follows: SHGC is Climate Zone 4 is changed from .40 to .35.

Section C405.2.1 Occupant sensor controls shall be installed in all classrooms, conference/meeting rooms, employee lunch and break rooms, private offices, restrooms, storage rooms, janitorial closets, enclosed stairways, and other spaces 300 square feet (28m2) or less enclosed by floor-to-ceiling height partitions. These automatically turn off lights within 30 minutes of all occupants leaving the space, and shall turn the lighting on to not more than 50 percent power.

Section C405.2.4 7. Lighting for parking areas shall have automatic controls so that after 15 minutes of non-activity, lighting power density can be reduced by 30 percent.

Section C405.10. Provide adequate on-site access for solar energy systems and provide interconnection pathways to building distribution. Documentation must be provided through construction documents and the main electrical service panel.

Section C406.5. Total minimum ratings of on-site renewable energy systems shall comply with one of the following: 1. Provide not less than 1.75 Btu (1850 W), or not less than 0.50 watts per square foot (5.4 W/m2) or conditioned floor area. 2. Provide not less than 5 percent of the energy used within the building for building mechanical and service water heating equipment and lighting regulated in this chapter.

Section C406.5 is added to read as follows: A minimum of 40 percent of heating and cooling load as calculated in section C403.2.2 must be provided by a district energy system.

Section C406.9. Hotels, motels, hospitals, restaurants, buildings with residential occupancies, buildings with laundry facilities or other high process service water heating needs or buildings showing a service hot water load of 10 percent or more of total building energy shall provide at least forty percent (40%) of hot water through instantaneous or tankless fuel-fired water heating systems, waste heat recovery from equipment or Combined Heat and Power (CHP), solar water heating systems.

In the administration and enforcement of Subtitles 4, 5, and 13, the Prince George's County Department of Permitting, Inspections and Enforcement, has the power to issue subpoenas necessary to effectuate the duties and responsibilities of permit issuance, inspections and enforcement. Service of subpoena. Any such subpoena shall be served by: certified mail, return receipt requested (with service by certified mail being complete upon delivery and proof being shown by the green return receipt card); or personal service of process by: a competent private person, 18 years of age or older, who is not a party to the action; or the sheriff or deputy sheriff of the political subdivision in which is located the residence of the person or the main office of the firm, association, partnership or corporation against whom or which the subpoena is issued. Enforcement of Subpoena. In case of failure to comply with a subpoena, the County, on behalf of the Prince George's County Department of Permitting, Inspections and Enforcement, may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and/or the production of records and documents, and/or the taking of interrogatories and depositions. After notice to the person subpoenaed as a witness or directed to produce records and documents, and upon a finding that the attendance and testimony of the witness or the production of the records and documents is relevant or necessary for the ability to issue permits, conduct inspections and enforce Subtitles 4, 5 and 13 of the Prince George's County Code, the court may issue an order requiring the attendance and testimony of the witness and the production of the records and documents. Any failure to obey such an order of the court may be punished as contempt of court.

The words defined in this Section shall have the meanings set forth below whenever they appear in this Division. Electric Vehicle (EV) is a vehicle, whether hybrid or not, that is powered by an electric motor drawing current from rechargeable storage batteries, fuel cells, or other portable sources of electrical current, and which may include a nonelectrical source of power designed to charge batteries and components. Electric Vehicle Infrastructure means conduit/wiring, structures, machinery, and equipment necessary and integral to support electric vehicle charging. Electric Vehicle Supply Equipment (EVSE) is the apparatus, commonly called charging stations or charging docs, installed specifically for the purpose of transferring energy between the premises wiring and the Electric Vehicle. EV-Ready Parking Space is a designated parking space which is provided with a dedicated branch circuit that is not less than 40-ampere and 208/240-volt assigned for EVSE terminating in a receptacle or junction box located near the proposed location of an EV parking space. For two adjacent EV-Ready spaces, a single branch circuit is permitted. EV Level 2 Charging Station Ready Outlet is an outlet/receptable with a 50 amp, 240 volt rating, for purposes of connecting Level 2 EVSE. EV Level 2 Charging means that the charging capability of the electric vehicle charging outlet includes the ability to charge a battery or any other storage device in an electric vehicle through means of an alternating current electrical service with a minimum of 208 volts and that meets applicable industry safety standards and future changes to the National Electrical Code as adopted in Subtitle 9 of this Code. Level 3 Alterations means "Level 3 alterations" as the term is used in the International Existing Building Code adopted in Subtitle 4 of this County Code.

Applicability. This section applies only to the construction of new dwelling units with a garage, carport or driveway including: Single Family Detached; Townhouses and Duplexes; Three-family; Two-family; and Conversions of single-family detached dwellings. This section does not apply to: Manufactured homes (mobile homes) and industrialized dwellings (modular homes); New dwelling units that do not have electric utility available; and Dwelling units with building permits approved prior to July 1, 2023. Required EV Parking Space. A residential dwelling unit subject to this Section shall include a minimum of one EV-Ready parking space or an EVSE-Installed parking space capable of EV Level 2 charging. Each EV parking space shall be provided with a dedicated circuit and be located within fifteen (15) feet of the intended vehicle parking location.

Applicability. This section applies only to new construction and Level 3 alterations of buildings containing four or more dwelling units that have three (3) or more parking spaces. This section does not apply to multifamily building permit applications submitted prior to January 1, 2027. Make Ready Standards—Multifamily Dwellings. Multifamily dwellings subject to this section shall provide sufficient electrical vehicle infrastructure to support: Ten percent (10%) of parking spaces to be EV-Ready Parking Spaces, All EVSE-Installed spaces required under the Zoning Ordinance of Prince George's County, Maryland.

Scope. This section applies only to new construction and Level 3 alterations of commercial buildings that have 3 or more off-street parking spaces and located in a development subject to the requirements of Section 27-6305(e) of the County Code. This section does not apply to commercial building permit applications submitted prior to January 1, 2027. Make Ready Standards—Commercial Buildings. Commercial buildings subject to this section shall provide sufficient electric vehicle infrastructure to support: Ten percent (10%) of parking spaces to be EV-Ready Parking Spaces, and All EVSE-Installed spaces required under the Zoning Ordinance of Prince George's County, Maryland.

EV Charging Regulations. DPIE shall implement a review process for permits to install electric vehicle charging stations and publish regulations governing the installation and performance of such charging stations. EV Circuit Labeling. Where EV parking is provided, the service panel or subpanel circuit directory shall identify the spaces reserved to support EV charging as "EV-Ready". The circuit termination point shall also be marked as "EV-Ready". EVSE Maintenance Standard. EVSE shall be maintained in good condition in all respects, including the functioning of equipment, by the property owner.

The regulations contained in this Subtitle and the provisions of its Divisions jointly construed shall control all matters concerning grading, drainage, and erosion control, and the construction, alteration, addition, repair, removal, demolition, use, location, occupancy, and maintenance of all buildings and structures and their service equipment, and shall apply to existing or proposed buildings and structures in the County, except such matters as are otherwise provided for in the Prince George's County Code, in the rules and regulations pertaining to the Washington Suburban Sanitary District as lawfully adopted by the Washington Suburban Sanitary Commission pursuant to the authorities contained in its organic statute, in Subtitle 27 of this Code adopted by the Prince George's County Council sitting as the District Council for that part of the Maryland-Washington Regional District in the County, as the same may from time to time be amended and in all laws having general application in the County under the public general and public local laws of the State, as well as rules and regulations of Maryland State departments or agencies. All work done under any permit issued under this Subtitle, except as provided in Subsection (i), below, shall be in full prior compliance with Subtitle 27 of this Code, including obtaining a Special Exception for the intended use; the rules and regulations of the Washington Suburban Sanitary Commission, where applicable; the regulations of Subtitle 11, Subtitle 23, Subtitle 25, and any other applicable provisions of the Prince George's County Code; or any other statute, ordinance, or regulation officially and lawfully adopted by State, Bi-County, or County agencies that are applicable in the County. No building permit shall be issued or granted for any building or structure in Prince George's County to be served by water supply systems or sewerage systems for which service from said system or systems cannot or will not be provided by the estimated completion date of the building or structure for which the permit is requested. No building permit shall be issued or granted for any building or structure in Prince George's County where the agency having jurisdiction over the provision of water supply or sewerage systems certifies that existing water supply or sewerage systems are inadequate to serve said building or structure, taking into account all other existing developments and developments approved for service by said agency within the service area. The applicant for the building permit is required to exhibit a copy of an approved Washington Suburban Sanitary Commission House Connection and Plumbing Application or a valid Washington Suburban Sanitary Commission Plumbing Permit for the building or structure for which the building permit is requested. Said documents are to serve as certification by that agency as to the availability and adequacy of the water supply and/or sewerage system. Where the water supply and/or sewerage system is not available but service has been previously authorized by the Commission, the applicant for the building permit is required to submit a separate statement which shall be provided by the Washington Suburban Sanitary Commission specifying the projected date when such water and/or sewerage service can be provided to the proposed use. The Department of Permitting, Inspections and Enforcement is required at the time a County building permit application is made to provide the municipality in which the building is located a copy of the County building permit application and supporting documents provided no separate building permit is required by the municipality. If the municipality requires a separate building permit, the applicant shall file a municipal building permit application. The applicant for the building permit is required at the time application is made to indicate his best estimated starting and completion dates of the construction of said building or structure. The Director or the Director's designee shall make a determination, based on normal construction procedures as evidenced by progress determined from comparable projects, as to the reasonableness of the applicant's estimated completion date for his building or structure. If the Director or the Director's designee determines that the applicant's time estimate is unreasonable, he shall advise the applicant, in writing, as to his reasons for such a determination. The applicant shall then be given the opportunity to either justify his previous estimate or to submit a new estimate. If the Director or the Director's designee still considers the applicant's estimate to be unreasonable, then the applicant shall have recourse to the Board of Appeals for Prince George's County to challenge the Director's or the Director's designee's determination. The Director or the Director's designee shall then compare the estimated completion dates with the dates given for the availability of water supply or sewerage systems to insure that the availability date is not later than the estimated completion date for the building or structure for which the building permits are requested. The issuance or granting of a building permit is specifically prohibited when the agency having jurisdiction over the provision of water supply or sewerage system is unable to provide an estimated date(s) when such service will be made available. No building permit shall be issued until such time as provisions have been made and approved for the improvement of adjacent or abutting streets, or provisions for their improvement have been accomplished under the provisions of Subtitle 23, or the regulations of the appropriate municipality when such permit is requested for work to be accomplished within a municipality. The Director or the Director's designee is hereby authorized and directed to assist in the enforcement of such statutes, ordinances, and regulations to the full extent of the powers delegated to him in this Division. Permits applied for prior to July 1, 1992, for sanitary landfills and for clean earth fills, when not pursuant to an approved plan of development, shall be exempted from compliance with the provisions of Division 2 of Subtitle 25 of this Code. No building permit shall be recommended for approval by the Planning Board or its authorized representative, or issued by the Department of Permitting, Inspections, and Enforcement, for any building or structure in Prince George's County on a lot or parcel of land that is located within the area of an adopted and approved Area Master Plan which includes a Zoning Proposal that has been prepared pursuant to the provisions of the Zoning Ordinance, or a Sectional Map Amendment which has been transmitted by the Planning Board to the District Council pursuant to the provisions of the Zoning Ordinance, if the lot or parcel is in a nonresidential zone, was proposed by the Planning Board for a less intense zone in which the proposed use is not permitted, and is undeveloped, until final action on the Sectional Map Amendment by the District Council. This Subsection shall not apply to a lot or parcel of land for which a grading permit has been issued by Prince George's County, sediment and erosion control devices have been installed by the permittee, and site grading activities have been initiated by the permittee. For a project participating in the Department of Permitting, Inspections, and Enforcement's Peer Review Program for Building/Site-Road Permits or Third Party Plan Review Program for Building Permits, as established by the department, all agencies with responsibility relating to the approval of the project's building and/or grading permits, which includes the Department of Permitting, Inspections, and Enforcement, Prince George's County Department of Public Works and Transportation, Prince George's County Health Department, Prince George's County Fire/EMS Department, Maryland-National Capital Park and Planning Commission, Washington Suburban Sanitary Commission and Prince George's Soil Conservation District, shall exercise best efforts to ensure the issuance of the building and/or grading permit(s) for the project within fifteen (15) business days of the project's participation in the Peer Review Program or Third Party Plan Review Program. The fifteen business day time frame includes ten (10) business days for the first review cycle and five (5) business days for the second review cycle of every agency involved in the review process as required. This time frame does not include the time required for the design professional and permittee to respond to and address permit plan comments. An existing building in the C-S-C (Commercial Shopping Center) Zone with an original use and occupancy permit for a food or beverage store issued on or before May 1, 1965, with said use located in a building that was constructed prior to November 29, 1949, for which an off-site sales Class A beer, wine, and liquor license issued by the Board of License Commissioners for Prince George's County pursuant to Title 26 of the Alcoholic Beverages Article of the Annotated Code of Maryland on or before July 1, 2016, shall be permitted to perform interior and exterior renovations related to storage, pursuant to the terms of its Class A license, to improve and/or expand the facility by an area not to exceed twenty percent (20%) of the existing square footage of the current enclosed area and shall not be required to obtain a building permit to make such renovations or improvements.

No certificates of occupancy for any building or structure erected, repaired, changed to a different use, or transferred to a new owner or occupant shall be issued unless such building or structure was erected, altered, or repaired and is otherwise in compliance with the provisions of this Division and other provisions of State or local laws, ordinances, and regulations.

Procedure: The County Council may exempt, upon specific request, from the requirements of this Subtitle, all grading, buildings, or other structures within the corporate limits of any Prince George's County municipality, with planning and zoning authority, whenever the County Council determines, by resolution, that the building regulations and administrative procedures of said municipality and the enforcement thereof are as adequate and equally effective as the County's building and grading regulations, any other applicable regulations and administrative procedures presently or hereafter enacted. Said exempting resolution may include any conditions, restrictions, or requirements deemed necessary by the County Council. An official copy of any building permit approved and issued, with all attachments, shall be forwarded, within three (3) business days immediately following issuance, to the State Supervisor of Assessments within the County and the Building Official. Compliance with Zoning Ordinance: Where applicable, permits issued shall comply with zoning laws and shall be referred to the Prince George's County Planning Board for review and recommendations respecting zoning requirements. Referral: Whenever any municipality, delegated authority under the provisions of this exemption, determines that it lacks the necessary expertise to review an application and issue a permit subsequent thereto, said application shall be referred to the County Building Official for appropriate action. If so referred, compliance shall be had with all applicable provisions of this Subtitle including fee requirements. Administration and enforcement shall be pursuant to this Subtitle.

Upon certification by the Superintendent of Schools that a construction project is a part of an educational program of the Prince George's County Public Schools, the Building Official shall waive any fees that would be otherwise required by this Subtitle. The Building Official shall waive any fees that would be otherwise required by this Subtitle for any construction project that is undertaken by the Prince George's County Public Schools, Office of Central Services, Department of the Environment, Department of Public Works and Transportation, The Maryland National Capital Park and Planning Commission, Department of Parks and Recreation, Fire and Emergency Medical Services, Redevelopment Authority, Revenue Authority, Homeland Security, and the Prince George's County Community College, Memorial Library, Police Department, and Circuit Court. The Building Official may waive any fees that would be otherwise required by this Subtitle for any new construction project that is undertaken by a hospital, as defined by Section 12-130(a)(1) of the County Code. The Building Official may require such information as necessary to determine a waiver under this subsection.

Administration and enforcement of this Subtitle shall be by the Department of Permitting, Inspections, and Enforcement, and the executive official in charge thereof shall be known as the Building Official. The Building Official shall be designated by the Director of Permitting, Inspections, and Enforcement as a classified employee under Subtitle 16, Personnel, of this Code. The Building Official shall, with the approval of the Director of Permitting, Inspections, and Enforcement, designate such number of officers, technical assistants, inspectors, and other employees as shall be necessary for the administration of this Subtitle. The Building Official may designate an employee as his Deputy who shall exercise all the powers of the Building Official during the temporary absence or disability of the Building Official. The Building Official shall have the power and the duty to enforce the provisions of this Subtitle and all fees provided in this Subtitle shall be paid to the order of Prince George's County. All permits and certificates shall be issued by the Building Official in the name of Prince George's County.

Wherever in the regulations provided for in this Subtitle it is provided that anything shall be done to the approval of or subject to the direction of the Building Official, this shall be construed to give the Building Official only the discretion of determining whether the rules and standards established by this Subtitle have been complied with, and no such provision shall be construed as giving any officer discretionary powers to establish such regulations or standards or power to require conditions not prescribed by this Subtitle or any other ordinance of the County or to enforce any provisions of this Subtitle in an arbitrary or discriminatory manner.

Whenever any work is being done in violation of the provisions of this Subtitle or in variance with the term of any permit issued for such work, the Building Official or his duly authorized representative may order all or part of the work on the job stopped until such violation or variance is eliminated and any work or installation made in violation of this Subtitle is corrected. Such "stop work order," if oral, shall be followed by a written "stop work order" within twenty-four (24) hours (excluding Saturday, Sunday, or holidays). It shall be unlawful to do or perform any work in violation of such "stop work order," except as may be necessary to prevent injury or damage to persons or property. The "stop work order" shall contain, or be accompanied by, a written notice indicating that there is a right to a hearing before the Building Official or his designee. Such request for a hearing may be filed in writing or in person at the Office of the Building Official. The owner or permittee affected by such "stop work order" shall be entitled to such hearing as quickly as feasible, but at least within twenty-four (24) hours of receipt of such request for hearing by the Building Official. The Building Official, or a designated impartial member of his staff who has or is delegated authority to act, shall afford the owner or permittee a fair hearing with an opportunity to present evidence or testimony that is relevant to the "stop work order." The owner or permittee shall be afforded reasonable notice of the time and place of the hearing at the time of the request in person, or by telephone or other appropriate means if the request is forwarded in writing.

General: No permit to begin work for new construction, alteration, removal, demolition, or other building operation shall be issued until the fees prescribed in the Table of Fees have been paid to Prince George's County, nor shall an amendment or revision to a permit necessitating an additional fee be approved until the additional fee has been paid. The fee for each building permit shall be based on the total construction cost of the building, structure, and/or any other improvement of the property for which such building permit is obtained. Special Fees: The payment of the fee for construction, alteration, removal, or demolition and for all work done in connection with or concurrently with the work contemplated by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that may be prescribed by law or ordinance for water taps, sewer connections, electrical permits, mechanical permits, erection of signs and display structures, marquees, or other appurtenant structures, or fees for inspections, certificates of use and occupancy, or other privileges or requirements, both within and without the jurisdiction of the Department of Permitting, Inspections, and Enforcement. Planning Board Review Fee: Upon the filing of a permit application required by the Zoning Ordinance to be reviewed by the Prince George's County Planning Board, the applicant shall pay to the Planning Board a fee to help defray the costs related to permit review. The fee for such permit review shall be as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website, which shall be collected by the Department of Permitting, Inspections, and Enforcement and remitted to the Planning Board. New Buildings, Additions, or Enlargements: Permit fees shall be based upon the area as calculated from exterior dimensions of all floors including balconies, mezzanines, basements, cellars and porches, and square foot construction costs set forth in the Building Valuation Data "Type of Construction Factor" published by the International Code Council, corresponding to the appropriate use group and type of construction and a fee multiplier of 0.0080. Alterations and Repairs on Existing Buildings—No Enlargement: The fee for repairs and alterations of any building or structure shall be as prescribed in the Table of Fees. Proof of the amount of contract may be required prior to issuance of the Building Permit and kept as a permanent record of the permit. Cost estimates shall be computed on the basis of standard construction estimating practices as reflected in the current Mean's Construction Cost Data or equivalent authority. Townhouses: Permit fees shall be based upon the area (as calculated from exterior dimensions) of all floors including balconies, mezzanines, basements, cellars and porches, specialty items, and square foot construction costs set forth in the Building Valuation Data "Type of Construction Factor" published by the International Code Council, corresponding to the appropriate use group and type of construction and a fee multiplier of 0.0080. Refunds: Except for stormwater management facilities, in any case where permits have been issued and no work has begun thereunder, the person who has paid the fee for said permit may return said permit for cancellation, and, upon the cancellation thereof, there shall be refunded to him the amount of said fees less the actual expenses (not to exceed fifty percent (50%) of the fee paid, but not less than the filing fee) incident to the issuance of said permit as determined by the Building Official; provided that the application for such refund shall be made within six (6) months after the issuance of said permit, after which time no refund may be made. No filing fee of any kind shall be refunded. Earnest Payment: Any earnest payment fees in excess of the total amount of the building permit fees shall be refunded to the applicant at the time of building permit issuance. Fees collected for earnest payment pursuant to Section 27-548.08 of the County Code shall be credited toward the total amount of building permit fees required by Prince George's County Codes. Miscellaneous Building Permit Fees: Beginning with the fiscal year 2009, and every fiscal year thereafter, the Director or the Director's designee shall submit a schedule of miscellaneous permit fees to the County Council for adoption by resolution. The schedule shall specify the amounts of the fees contained in this subsection (i) and may contain other provisions concerning fee administration. The fee adjustments shall reflect, at a minimum, the annual average increase in the Consumer Price Index for all urban consumers published by the United States Department of Labor, for the fiscal year preceding the year for which the amount is being calculated. The permit fees may be adjusted using a method established by the International Code Council's Building Safety Journal at the time of the adjustment, provided that the adjustments meet the minimum requirement stated above. The fees shall be rounded to the nearest Five Dollar increment. Minimum Permit Fee. One- and Two-Family Dwellings. Commercial Buildings. Filing Fee. Re-Inspection. One- and Two-Family Dwellings. Commercial Buildings. Inspection After Hours. Permit Revision/Modification. Use and Occupancy. One- and Two-Family Dwellings. Commercial Buildings. Investigation for Partial Occupancy. Plans Revision. One- and Two-Family Dwellings. Commercial Buildings. Finishing Basement (One- and Two-Family Dwellings). Renewing a Permit. One- and Two-Family Dwellings. Commercial Buildings. Private In-Ground Pool. Private Above-Ground Pool. Commercial Swimming Pools. Raze Permits. One- and Two-Family Dwellings. Commercial Buildings. Moving a Building. Revising Permit Applications. Elevators. Chair Lift. Fence Permit. Decks. Gazebos. Change of Ownership. Temporary Use and Occupancy. Partial Use and Occupancy. Special Investigation. Accessory Buildings such as Sheds, 150 Square Feet and Larger. Accessory Buildings such as Sheds, Smaller than 150 Square Feet. Sunrooms, Porches and Garages (attached or detached). Carports. Fire Damage. Driveways. Mobile/Replacement Homes. Fireplaces (One- and Two-Family Dwellings). Retaining Walls, Two Feet and Taller. Patios, Five Hundred Square Feet and Larger. Patios, under Five Hundred Square Feet. Pole Bases. Awnings. Open Pit. Waterproofing. Wheelchair Ramps. Roofing. Satellite Dishes, Two Feet in Diameter and Larger. Observation Stands. Solar Panels. Freestanding Signs. Wall Mounted Signs. Tanks, Above or Under Ground. Telecommunications Antennas. Telecommunications Towers. Electrical. Mechanical. Fire Protection. Sprinkler Heads. Residential Buildings (One- and Two-Family Dwellings). Commercial Buildings. Fire Alarms. Post Construction Permit Fee. These fees are in addition to the standard permit fee schedule as prescribed in the Table of Fees, Section 2-253.63, Attachment A and as published on the Department of Permitting, Inspections and Enforcement website. Residential One- and Two-Family Dwellings and Grading, Clearing, Storm Water Management, Storm Drain, and Paving unpermitted construction. Building - $500.00 Electrical - $500.00 Mechanical - $500.00 Fire Protection - $500.00 Geotechnical - $500.00 Civil - $500.00 Commercial Building and Grading, Clearing, Storm Water Management, Storm Drain, and Paving unpermitted construction. Building - $2000.00 Electrical - $2000.00 Mechanical - $2000.00 Fire Protection - $2000.00 Geotechnical - $2000.00 Civil - $2000.00 Second Offense Post Construction Fees. Additional permit fees for a second or subsequent offense within twenty-four (24) months will be based assessed. The Department of Permitting, Inspections and Enforcement will base the increased Post Construction Permit Fee on the following: applicant's name, property owner, and/or company affiliated with the unpermitted construction. Residential One- and Two-Family Dwellings and Grading, Clearing, Storm Water Management, Storm Drain, and Paving unpermitted construction. Building - $1000.00 Electrical - $1000.00 Mechanical - $1000.00 Fire Protection - $1000.00 Geotechnical - $1000.00 Civil - $1000.00 Commercial Building and Grading, Clearing, Storm Water Management, Storm Drain, and Paving unpermitted construction. Building - $3000.00 Electrical - $3000.00 Mechanical - $3000.00 Fire Protection - $3000.00 Geotechnical - $3000.00 Civil - $3000.00 Preliminary Design Meeting — The Building Plan Review Division Engineers meeting with Developers, Owners, Architects and Professional Engineers to discuss the proposed new construction and or alteration/repair to an existing building and to aid, recommendation and guidelines to comply with County Construction Codes. The cost of the Preliminary Design Meeting is as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website, plus the technology fee. Variance Review — As prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website. Review and Inspection of Swimming Pools & Spas — As prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website, plus the technology fee. Raze Inspections - Commercial — As prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website. Raze Inspections - Residential — As prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website. Reserved. Reserved. Reserved. Reserved. School Facilities Surcharges: Upon the issuance of a building permit for new residential construction for which a building permit application has been made on or after July 1, 1996, the applicant shall pay a school facilities surcharge, with the exception of a permit for the construction of: Dwellings for the elderly which are operated in accordance with State and Federal fair housing laws within an apartment house for the elderly, an assisted living facility, a congregate living facility, a mixed residential development, or planned retirement community; A single-family detached dwelling to be built or subcontracted by an individual owner in a minor subdivision and intended as the owner's personal residence; Improvements on property in an infrastructure finance district approved before January 1, 2000; Multifamily housing designated as student housing within one and one-half (1 1/2) miles of the University of Maryland, College Park Campus, under the following conditions: A multifamily project that includes the following features: A minimum of one (1) bathroom per two (2) beds; Appropriate locks will be provided on every bedroom door as permitted by the Life Safety Code; At least seventy percent (70%) of bedrooms shall not exceed one hundred and forty-five (145) square feet or be smaller than standard market units (exclusive of the closet and bathroom); Balconies shall not be permitted, but enclosed decks and patios shall be permitted on the ground floor; At least ninety percent (90%) of dwelling units shall be furnished with a single or full bed and desk in each bedroom and appropriate seating for each resident in the living and dining areas; Design of amenities shall be geared toward college students such as study rooms, computer rooms, club rooms and game rooms; and Written evidence of a relationship with an institution of higher education in terms of one or more of the following: resident life services, shuttle bus services, coordinated permit parking policies and telecommunications wiring. A multifamily project that is exempt pursuant to subsection (D)(1) shall be assessed a school facilities surcharge at the time a building permit is issued for the conversion of a multifamily dwelling to standard market units; Multifamily housing dwelling units, or multifamily dwelling units created through the conversion of an office building, provided that the multifamily uses are located on property within a Regional Transit District or Local Center within an applicable General Plan, as designated by Resolution of the County Council. The amount of the school facilities surcharge for a building permit issued on or after July 1, 2003 shall be: Seven Thousand Dollars ($7,000) if the building is located between Interstate Highway 495 and the District of Columbia; Seven Thousand Dollars ($7,000) if the building is included within a basic plan or conceptual site plan that abuts an existing or planned mass transit rail station site operated by the Washington Metropolitan Area Transit Authority; or Twelve Thousand Dollars ($12,000) for all other buildings. School Facility Surcharge in Municipal Corporations: Prior to the issuance of a building permit for new residential construction in a municipality with zoning authority and the authority to issue building permits, the applicant shall pay to the County a school facilities surcharge in the amount of: Seven Thousand Dollars ($7,000) if the building is located between Interstate Highway 495 and the District of Columbia; Seven Thousand Dollars ($7,000) if the building is included within a basic plan or conceptual site plan that abuts an existing or planned mass transit rail station site operated by the Washington Metropolitan Area Transit Authority; or Twelve Thousand Dollars ($12,000) for all other buildings. School Facilities Surcharge shall be in accordance with that established by Council Resolution at the beginning of each successive fiscal year effective July 1st. Construction Fee Buildings located between Interstate Highway 495 and the District of Columbia and buildings included within a basic plan or conceptual site plan that abuts an existing or planned mass transit rail station site operated by the Washington Metropolitan Area Transit Authority $7,870 All other buildings $13,493

Construction Fee Buildings located between Interstate Highway 495 and the District of Columbia and buildings included within a basic plan or conceptual site plan that abuts an existing or planned mass transit rail station site operated by the Washington Metropolitan Area Transit Authority $8,177 All other buildings $14,019

[(2) The school facilities surcharge assessed pursuant to this Section shall be reduced by fifty percent (50%) for Multifamily Housing constructed on property located: (A) within a Transit District Overlay Zone as designated prior to January 1, 2018; or (B) for property outside of a Transit District Overlay Zone as designated prior to January 1, 2018, approved development on property that is at least 50% within one-quarter (1/4) mile of an entrance to a Metro Station; or (C) within the Bowie State MARC Local Center designated boundary. (3) The school facilities surcharge required pursuant to the prescriptions of this Code shall not apply to a studio or efficiency apartment residential dwelling unit constructed on property located: (A) within a designated Regional Transit District or Local Center set forth in the 2014 General Plan approved for the County, Plan Prince George's 2035, as may be amended from time to time; (B) within a Transit District Overlay Zone as designated prior to January 1, 2018; or (C) for projects outside a Transit District Overlay Zone as designated prior to January 1, 2018, approved development on property that is at least 50% within one-quarter (1/4) mile of an entrance to a Metro Station.] Public Safety Surcharge: Upon the issuance of a building permit for new residential construction for which a building permit application has been made on or after July 1, 2005, the applicant shall pay a public safety surcharge, with the exception of a permit for the construction of: New residential construction for which a preliminary plan has been approved prior to July 1, 2005; or A single-family detached dwelling to be built or subcontracted by an individual owner in a minor subdivision and that is intended to be used as the owner's personal residence. The amount of the public safety surcharge for a building permit issued on or after July 1, 2005 shall be: Two thousand dollars ($2,000) if the building is located in Transportation Service Area 1 as defined in the Prince George's County Approved General Plan; Six thousand dollars ($6,000) for all other buildings. Construction Fee Developed Tier construction $2,124 All other buildings $6,371

Construction Fee Developed Tier construction $2,207 All other buildings $6,619

Construction Fee Developed Tier construction $2,192 All other buildings $6,573

Construction Fee Developed Tier construction $2,240 All other buildings $6,718

Construction Fee Developed Tier construction $2,312 All other buildings $6,933

Construction Fee Developed Tier construction $2,365 All other buildings $7,092

Construction Fee Developed Tier construction $2,391 All other buildings $7,170

Construction Fee Developed Tier construction $2,439 All other buildings $7,314

Construction Fee Developed Tier construction $2,434 All other buildings $7,299

Construction Fee Developed Tier construction $2,461 All other buildings $7,379

Construction Fee Developed Tier construction $2,515 All other buildings $7,541

Construction Fee Developed Tier construction $2,578 All other buildings $7,730

Construction Fee Developed Tier construction $2,630 All other buildings $7,885

Construction Fee Developed Tier construction $2,638 All other buildings $7,909

Construction Fee Developed Tier construction $2,749 All other buildings $8,241

Each County building that is open to the public shall have in place a Code Adam or similar program for the prevention of child abduction. Code Adam is a protocol used as a preventive tool against child abductions and for locating lost children in public buildings. The Office of Central Services shall develop model plans and ensure that each County building covered by this Section is prepared to activate Code Adam or a similar program under appropriate circumstances. All County agencies shall render assistance to the Office of Central Services, upon request, in implementing this Section and the Office of Central Service's plan within their buildings.

In this Division the following terms shall have the denoted meanings: Department means the Department of Permitting, Inspections and Enforcement. Director means the Director of the Department of Permitting, Inspections and Enforcement. Permit means a written authorization made by the Department of Permitting, Inspections and Enforcement granting approval, authorization, consent, exemption, order, special exception, variance, waiver, or use of occupancy. Permit Approval Time means the total time from when a permit application is received by the Department of Permitting, Inspections, and Enforcement from an applicant to the time when such application receives final approval. If the permit application is withdrawn and re-submitted, the clock for the permit approval time restarts. Projected Maximum Time or "PMT" means the estimated permit approval time by the Department of Permitting, Inspections, and Enforcement for each permit type.

The Director shall create and establish by no later than February 1, 2024, a permit early warning process that will improve the speed, effectiveness, and notification of permitting delays in the County. By February first (1st) of each year, and more frequently if determined by the Director, the Director shall establish and publish on the Department's website the Projected Maximum Time that a permit approval should occur by permit type. The PMT for a particular type of permit should be based on: an analysis by the Director of the experience of permit approval times for the particular type of permit in the most recent fiscal year, any technological, regulatory, or workforce changes that may impact the estimated permit approval time for the particular type of permit, and any other factor(s) deemed relevant by the Director. If a permit application approval exceeds the PMT for that permit type, the Director shall be expeditiously notified by a responsible staff member in writing by a method approved by the Director that includes the reason(s) for the permit approval delay beyond its PMT. The Director shall determine in writing what steps need to be taken, if any, to address the reasons for the permit application's delay beyond its PMT. By March fifteenth (15th) of each year, the Director shall submit a report to the County Council and the County Executive in writing that includes: the average Permit Approval Time by permit type and the PMT by permit type for the previous calendar year, the number of instances by permit type where the Permit Approval Time(s) for permit applications exceeded the PMT in the most recent calendar year.

Accessibility means a site, building, facility, or portion thereof that complies with the ADA Standards for Accessible Design | ADA.gov, IRC requires compliance with IBC chapter 11 when 4 or more dwellings. International Residential Code (IRC) - CHAPTER 3 (iccsafe.org), and IBC — meet all of chapter 11, INTERNATIONAL BUILDING CODE (IBC) | ICC DIGITAL CODES (iccsafe.org). Accessible Range - For reach ranges, ADAAG 308.1, there is forward reach, side reach. ADA Standards for Accessible Design | ADA.gov Accessible Route - Accessible routes shall comply with Chapter 4. 2010 ADA Standards for Accessible Design | ADA.gov, and IBC — a continuous, unobstructed path that complies with chapter 11. Disability is a physical condition that limits a person's movements, senses, or activities. Dwellings covered by the design requirements means that the public or common use areas of the building can be approached, entered, and used by individuals with physical disabilities. Knobs - Handles require more grip strength to grab and turn the handle. Levers - Handles can be more easily used regardless of the user's grip strength as levers can be pushed. Site Impracticality means of evaluating individual buildings and sites with difficult terrain. Site plan, for purposes of this Division, shall include a Permit Site Plan, a Detailed Site Plan, a Specific Design Plan, a Special Permit Site Plan, a Special Exception Site Plan, and a Planned Development Basic Plan. Slip Resistant Floors mean accessible surfaces must be slip resistant to minimize hazards to people with disabilities, especially those who are ambulatory or semi-ambulatory or who use canes, crutches, and other walking aids. Flooring designed with material properties to help reduce slipperiness and increase traction. Two-over-two's "Dwelling, two-family," is a building containing two dwelling units. For the purpose of this Division, two-over-two's are units stacked one above the other in a vertical configuration, sharing common vertical solid walls extending from the grade to the roof, or horizontal floors and ceilings. The building typologies commonly referred to as two-over-two dwellings or stacked dwelling units are examples of two-family dwellings. Universal Design is the design of buildings, products, or environments so that they can be accessed, understood, and used to the greatest extent possible by all people regardless of their age, size, ability, or disability. Usability means the public or common use areas of the building can be approached, entered, and used by individuals with physical disabilities.

With the exception of exemptions and waivers granted, as set forth in this Division, this Division shall apply to all new single-family attached, single-family detached, two-family, two-over-two's, three-family, and multifamily residential dwelling units constructed in Prince George's County on and after January 1, 2026. Dwelling units for which a building permit has been issued, or for which a site plan application has been approved pursuant to Subtitle 27 of the Prince George's County Code prior to January 1, 2026, as set forth in Section 4-357(a) above, shall be exempt from the provisions of this Division. This would include phased development plans for which the Department of Permitting, Inspections and Enforcement has approved Plans On File (building permit plans submitted by the developer and approved by the Department) for various types of homes in the development prior to January 1, 2026. For, any site plan approved before January 1, 2026, the Plans On File subject to the site plan do not have to be updated to comply with this Section. Application of the provisions of this Division shall not require existing dwelling units to be retrofitted. Undergraduate and graduate student housing for public and private colleges and universities and private dormitories as defined in Subtitle 27 of the Prince George's County Code shall be exempt from this Division. The provisions of this Division shall not apply to a single-family detached dwelling that is built or subcontracted by an individual owner that is used as the owner's personal residence. Dwelling, townhouse as defined under Section 27-2500 of the Prince George's County Code shall be subject to Section 4-364 of this Division and shall otherwise be exempt from the provisions of this Division. Two-over-two's "Dwelling, two-family" as defined under Section 4-356(d) of this Division, shall be subject to Section 4-364 of this Division and shall otherwise be exempt from the provisions of this Division.

There shall be a step-free route of travel to at least one step-free entrance to the dwelling unit. Entrance to the unit by way of a garage would qualify as an acceptable route. Multifamily dwelling units located within a building that are above the first floor of the building and are only accessible via stairway are exempt from this requirement. The door of this entrance shall be a minimum of 36-inches wide and shall meet all applicable building requirements. Exterior lead walks shall be structurally firm and slip resistant with a smooth uniform surface. Lead walks shall be a minimum of 42-inch-wide from the point of arrival to the primary or garage entrance and any slope should be consistent with all applicable requirements.

At least one accessible route shall connect all spaces and elements that are a part of the accessible entry level floor of the dwelling unit. The kitchen shall be on the accessible level and on the accessible route. Hallways on the accessible level shall have a 42-inch-wide minimum width measured from wall to wall. Doorways on the accessible route shall have a minimum door width of 36-inches and all doors shall contain levers for accessible access. Interior thresholds with levels which exceed ¼-inch high, shall be beveled, with a slope not steeper than one-inch rise to a 2-inch run (1:2). Accessible routes shall have flooring that allows resistance-free use of a wheelchair or similar mobility aid or device. At least one separate room on the accessible entry level floor of the dwelling unit shall include architectural or design features that include but are not limited to a door that closes and a window to ensure egressibility.

Dwelling units shall have a bathroom with a sink, a shower, and a toilet on the entry level. Outlets shall be within accessible range of an adult sitting in a wheelchair. Slip resistant floors shall be used. Continuous wall reinforcement at toilet and bathroom fixtures shall be included to enable easy retrofitting with grab bar(s). All wall reinforcement shall be capable of resisting shear and bending forces of a minimum of 250 pounds. Controls on sinks, tubs, showers, and toilets shall be easily accessible or usable by persons with disabilities. 2×6 lumber blocking centered 34" off of the finished floor to include the entire perimeter of the bathroom shall be used.

All rocker light controls and switches shall be placed no higher than 48-inches, on center, above the floor. Where practical, all electrical receptacles shall be placed no lower than 15-inches, on center, above the floor. All thermostats shall be placed no higher than 54-inches, on center, above the floor.

There shall be 40-inch minimum clearances installed between all opposing base cabinets, counters, appliances, and walls within the kitchen work area. There shall be a 60-inch minimum clearance of floor turning area in U-shaped kitchens or a 40-inch minimum clearance for pass through kitchens. For U-shaped kitchens, there shall be a 30-inch by 48-inch minimum clearance floor area for parallel approach centered on the sink and stove and other appliances or forward approach with knee clearance. Lever fixtures for sinks shall be installed.

Audible and visual smoke detectors, fire alarms, and carbon monoxide alarms shall be installed pursuant to the IBC.

Notwithstanding the exemptions set forth in Section 4-357(f) and Section 4-357(g) of this Division, only the following universal design requirements in this Division shall be required for townhouses and two over two's: Universal Design: Interior Hallways, Doorways, Stairs. Hallways shall have a 42-inch-wide minimum width measured from wall to wall. Doorways shall have a minimum width of 36-inches and all doors shall contain levers for accessible access. Interior stairs shall be able to accommodate the installation of a chair lift, with an electrical outlet within four feet of the stairs. Universal Design: Bathroom. Continuous wall reinforcement at toilet and bathroom fixtures shall be included to enable easy retrofitting with grab bar(s). All wall reinforcement shall be capable of resisting shear and bending forces of a minimum of 250 pounds. Controls on sinks, tubs, showers, and toilets shall be easily accessible or usable by persons with disabilities. Universal Design: Smoke Detectors and Fire and Carbon Monoxide Alarms. Audible and visual smoke detectors, fire alarms, and carbon monoxide alarms shall be installed pursuant to the IBC.

The builder must use best efforts to meet the requirements of this Division Meaning efforts to the maximum extent practicable were made to meet the requirement(s). A builder that indicates that they cannot satisfy the step-free route of travel to at least one step-free entrance to the dwelling unit requirement, pursuant to Section 4-358 of this Division, shall request a waiver. A waiver shall not be granted if any provision of this Division is required as a condition of approval for a Detailed Site Plan, a Special Exception or a Zoning Map Amendment. A waiver may be granted by the Director of the Department of Permitting, Inspections and Enforcement ("Director") or the Director's designee upon a determination that topography or other unusual characteristics of the building or the site exist, or that there are practical difficulties associated with compliance with this Division. No waiver shall be granted unless approved by the Director or the Director's designee. An application shall be accompanied by a Waiver Checklist Form to be completed by an applicant, which is developed and revised from time to time, by the Department of Permitting, Inspections and Enforcement for the processing and review of a waiver request. The Department of Permitting, Inspections and Enforcement shall assess an administrative fee in an amount per each waiver per each dwelling unit in a residential development project for processing and reviewing an applicant's waiver request as prescribed in the Table of Fees. The determination of the waivers shall be made during the normal process of obtaining a building permit. A waiver authorized by this Division shall not be granted by the Director or the Director's designee unless the builder seeking the waiver provides the following: A detailed written statement of the reason(s) that the builder is unable to meet its obligations under this Division, which shall include: The specific issue(s) for which a waiver is being requested. Why the requirement(s) cannot be met. Proof that the document listed in Section 4-365(c)(1) has been certified by a Maryland Registered Professional Engineer (PE) or by a Maryland Licensed Architect. After review of the waiver request, the Director shall transmit a written decision approving or denying the request concurring or disagreeing with each listed specific issue as set forth in subsection (c). The waiver may only be approved if the Director is satisfied that the waiver meets the criteria in subsection (b). No residential development project can be granted waivers for more than fifty percent (50%) of the dwelling units. Any waiver approved by the Director shall apply to the area that is subject to the approved building permit. A residential development project with approved waivers shall have the provisions of universal design set forth in this Division waived for those dwelling units of the residential development project covered by the waivers. A residential development project without waivers shall incorporate the provisions of universal design set forth in this Division in the residential development project. The Director shall notify the County Council in an annual report of waivers of: the number of waiver applications received; the number of waiver applications denied; the number of waiver applications approved; and the location by Council District of the number of waiver applications received and denied. The Director shall provide the County Council the Department of Permitting, Inspections and Enforcement's letter to an applicant explaining their decision regarding a waiver.

The County shall impose a civil fine of $5,000 or a criminal fine and penalty of $5,000 and imprisonment not exceeding 6 months for an applicant's non-compliance for each violation in each dwelling unit with the Universal Design for Housing law contained in the Prince George's County Code for their residential development project. It shall be a criminal act by an owner and/or authorized representative of a corporation or limited liability company, as defined in Section 4-203, Criminal Procedure Article, Annotated Code of Maryland, to violate compliance with the Universal Design for Housing law referenced in Section 4-365.01(a) of this Division. An owner and/or authorized representative of a corporation or limited liability company shall be separately charged and upon conviction may be subject to incarceration as authorized by this statute.

Any provision of the IBC - International Building Code, IMC - International Mechanical Code, IECC - International Energy Conservation Code, IRC - International Residential Code, IEBC - International Existing Building Code and ISPSC - International Swimming Pool and Spa Code adopted by this Subtitle, shall be changed, modified, amended, added, deleted or omitted as set out in this Division, and such change, modification, amendment, addition, deletion or omission shall be deemed to supersede the text of these codes in any case where the provisions of this Division are interpreted.

For any conflict between the provisions set forth in this Division and the Federal Fair Housing Act, Federal Americans with Disabilities Act, the Code of Maryland Regulations, or the Maryland Accessibility Code, and any other applicable law, the Department of Permitting, Inspections and Enforcement shall apply the Maryland Accessibility Code, the Code of Maryland Regulations, Federal Americans with Disabilities Act, and the Federal Fair Housing Act and any other applicable law.

No club licensed under the provisions of this Division shall operate or remain open or permit any member or any other person to remain on the premises for the purpose of consuming alcoholic beverages between the hours of 2:00 A.M. and 6:00 A.M. on every day except Sunday, and between the hours of 12:00 Midnight Saturday until 8:00 A.M. Sunday. Such clubs shall be required to close from 2:00 A.M. to 6:00 A.M. on all days to permit airing and cleaning.

Any group of citizens of this County, or any company, association, or body corporate, or bona fide organization within the County for the promotion of the purposes of a volunteer fire department, or of any charitable, benevolent, patriotic, fraternal, educational, religious or civic object, and not organized for the private profit or gain of any member of such group or organization shall be eligible for permits required under this Division. In addition to the criteria set forth in Section 5-106(a), above, to be eligible for a charitable gaming event permit, an applicant must be a group or organization that has been located in Prince George's County for at least two (2) years and has been active for at least two (2) years in the County.

The eligible group or organization, as described in Section 5-106, may conduct and operate any benefit performance, such as an outdoor or indoor carnival, raffle, or any other activity to which the public is invited or admitted, with or without charge for such admission, the intent of which is to raise proceeds for the purpose set forth in Section 5-108. The eligible group or organization, as described in Section 5-106, may conduct and operate a charitable gaming event pursuant to the criteria set forth in this Division. Any eligible group or organization may conduct or hold a carnival, bazaar, or raffle for its exclusive benefit if no individual or group of individuals benefit financially from the holding of any bazaar, carnival, or raffle for personal use or benefit. The eligible group or organization may award prizes in cash, or in merchandise by such devices as are commonly designated as paddle wheels, wheels of fortune, chance books, bingo, or any other gaming device. However, carnivals, bazaars, or raffles shall be managed by the members of the eligible group or organization. When holding raffles, it shall be lawful to award prizes in cash totaling up to $5,000.00 and in merchandise in any amount or the merchandise cash equivalent. Any eligible group or organization may conduct and operate any benefit performance, such as an outdoor or indoor carnival, fair, picnic, dance, card party, bingo party, bazaar, concert, contest, exhibition, lecture, barbecue, or dinner, to which the public is invited or admitted, with or without charge, if the net proceeds of the benefit performance inure to the eligible group or organization for the promotion of, and to be used for, one or more of the objects set forth in Section 5-106 and not for the private gain of any member of the group or organization. At a benefit performance, conducted under the conditions herein prescribed, it shall be lawful to award prizes in merchandise, conduct games of skill, to dispose of merchandise and other things of value by auction or voting or by such mechanical devices as are commonly designated as paddle wheels, wheels of fortune, bingo, or other similar methods, and with or without an entrance or participation charge or fee. It shall also be lawful to award cash prizes of not more than $1,000.00 per prize. The benefit performance may be managed and operated only by members of the eligible group or organization.

Casino nights are prohibited. No individual or group of individuals shall benefit financially from the holding of any benefit performance or charitable gaming event to which the public is invited or admitted with or without charge, or be paid any of the proceeds from any benefit performance or charitable gaming event, for personal use or benefit. The net proceeds of the benefit performance or charitable gaming event shall inure to the exclusive benefit of an eligible group or organization for the promotion of and to be used for one or more of the objects set forth in Section 5-106 of this Division, and not for the private gain of any individual or group of individuals or member of the group or organization. The proceeds from a raffle conducted pursuant to Section 5-107 of this Division must inure to the company, association, body corporate, or group for the promotion of, and to be used for, one or more of the purposes set forth in Section 5-108 of this Division, and no individual or group of individuals shall benefit financially from the holding of any such raffle or shall receive or be paid any of the proceeds from such raffle for personal use or benefit except as a bona fide raffle winner.

The proceeds of the benefit performance shall inure to such group or organization for the promotion of and to be used for any charitable, benevolent, patriotic, educational, religious, or civic object and not for the private gain of any member of such group or organization.

As used in this Division: Carnival shall mean any amusement enterprise which includes sideshows or games of chance and one or more rides; Casino night shall mean a benefit performance at which card games, wheels of chance, or roulette are played and money winnings or tokens redeemable in money are awarded as prizes. Casino night does not include a benefit performance such as a carnival, fair, or bazaar at which the only form of gaming is a wheel of fortune, big wheel, or other wheel of chance. Charitable gaming event shall mean a benefit performance conducted by an eligible organization at which any gaming authorized by Section 5-107 may occur. Department shall mean the Department of Permitting, Inspections, and Enforcement. Director shall mean the Director of Permitting, Inspections, and Enforcement. Eligible group or organization shall mean a group or organization that has obtained and possesses a valid charitable gaming event permit. Gaming Permit Review Board shall mean the Board established pursuant to Section 5-109.01 of this Division. Raffle shall mean one (1) or more drawings from a single series of chances sold by means of chance books; Ride shall mean any mechanical device or any structure open to the public by which persons are conveyed or propelled in an unusual manner for diversion; and Slot Machine shall mean any machine, apparatus, or device if it is one that is adapted for use in such a way that, as a result of the insertion or deposit therein, or placing with another person of any piece of money, coin, token, or other object, such machine, apparatus, or device is caused to operate or may be operated, and by reason of any element of chance or of other outcome of such operation unpredictable by him, the user may receive or become entitled to receive any piece of money, coin, token, or other object representative of, and convertible into, money, irrespective of whether the said machine, apparatus, or device may, apart from any element of chance or unpredictable outcome of such operation, also sell, deliver, or present some merchandise or money or other tangible thing of value.

There shall be a Gaming Permit Review Board, which shall consist of three (3) members, each of whom shall be appointed by the County Executive and confirmed by the County Council. The County Executive shall designate one member to serve as chairman and one member to serve as vice-chairman. The members shall serve without compensation for terms of four (4) years. The County Executive shall designate the agency responsible for providing staff assistance to the Gaming Permit Review Board. The Gaming Permit Review Board shall be responsible for approving any application for a new charitable gaming event permit.

Except as provided in Section 5-110(c), before operating a benefit performance, any eligible group or organization shall first obtain a written permit from the Department. Application shall be made on forms to be provided by the Department at least thirty (30) days prior to the performance. The application shall be accompanied by any contract with a professional carnival operator or promoter. The contract shall not contain any covenant providing for payment contingent upon the receipt or intake of any permitted game of skill, mechanical device, or bingo. Before operating a charitable gaming event, a group or organization shall first obtain a written permit from the Gaming Permit Review Board. Application shall be made on forms provided by the Department and submitted to the Gaming Permit Review Board at least thirty (30) days prior to the first event. Before a group or an organization may obtain a permit to conduct a charitable gaming event, an officer of the group or organization shall certify that the group or organization has been located in Prince George's County for at least two (2) years and has been active for at least two (2) years in the County. Charitable gaming event permits may be issued on a semiannual basis. The number of permits issued for the operation of charitable gaming events shall be set by the Gaming Permit Review Board. Applications for charitable gaming event permits shall be submitted to the Gaming Permit Review Board, together with the Director's recommendation, if any. The Gaming Permit Review Board shall make the final decision within forty-five (45) days of the date the application is filed. A permit is not required to hold a raffle when the total cash value of the prize does not exceed Two Hundred Dollars ($200.00). The Gaming Permit Review Board may issue joint permits between an eligible organization and an applicant which meets the provisions of Section 5-106. Such a joint permit shall constitute an amendment of the existing permit and shall not be an award of a new permit. Applicants for a joint permit shall make application for joint permit days. A joint permit event may not be held more than once weekly. Both eligible organizations shall be responsible for meeting all reporting, permit, and tax requirements of this Division. Applicants for a joint permit shall enter into a written agreement concerning joint operating responsibility and division of revenue. No less than fifty percent (50%) of the revenues net of expenses shall be enured to the benefit of the subordinate joint permit holder. All agreements must be in writing and signed by the chief executive officer of each eligible organization. All such agreements and any amendments thereto shall be filed with the Director.

The permit application shall set forth the following with respect to the group or organization: The name of the group or organization and a full list of the names and addresses of its officers and directors and, in addition, for charitable gaming events, those who will control the proceeds and have authority to disburse funds derived from charitable gaming events; A full and complete statement of the purposes and objects of the group or organization and the purposes for which the proceeds from such operation will be used; A statement under affidavit by the president and treasurer of the group or organization, or by its chief executive and fiscal officers, that no agreement, written or oral, exists for the division of any portion of the proceeds from any games permitted by Section 5-116 of such benefit performance with any other person, group, partnership, association, or corporation; A statement under affidavit that no person, group, partnership, association, organization, or corporation other than the applicant group or organization or bona fide member thereof will receive any portion of the proceeds of such benefit performance other than in furtherance of the purposes of such group or organization, except that previously agreed to amounts necessary to pay for benefit performance operating costs may be taken from proceeds; For charitable gaming event permits, each initial application and each first application in succeeding calendar years shall require the submission of the following documents: A copy of the applicant's most recent IRS Form 990 and State Form COF-85, or any other substitute document deemed necessary by the Director, along with an affidavit, made under penalty of perjury, by two (2) officers of the organization that the copies are accurate; An affidavit that transmits and attests to the validity of a copy of the organization's bylaws and charter and the tax identification number; For corporate sponsors, a current certificate of good standing from the State of Maryland; and A list of all persons who worked at charitable gaming events during the previous licensing period. Any other information the Department or, for charitable gaming event permits, any other information that the Gaming Permit Review Board may require with respect to length of operation, number and kind of facilities, and number and kind of games.

Except as provided in Section 5-112.01 for charitable gaming events, the Department may refuse to grant the permit if it finds that: The proposed benefit performance will cause a traffic problem detrimental to the use of the general public; The noise created by the benefit performance will be an unreasonable invasion on the adjoining property owners; or, For other reason that might jeopardize the health, safety, or welfare of the area or the County.

The Gaming Permit Review Board shall review an application for a charitable gaming event permit within 30 days after receiving it. The Gaming Permit Review Board shall approve or disapprove, in writing, the application within ten (10) days after the completion of the review and promptly notify the applicant of the action taken. The Gaming Permit Review Board shall reject an application for a charitable gaming event permit if: A determination is made that any information in the application is false or misleading; or The operation of a charitable gaming event is not necessary for the accommodation of the general public or would disturb the peace, create a nuisance, or be detrimental to the morals, health, or welfare of the community. The Gaming Permit Review Board may suspend or revoke a charitable gaming event permit for a period not to exceed three (3) years if it finds that: A charitable gaming event either has caused, or will cause, traffic or parking problems detrimental to the welfare of the general public; Noise generated by the charitable gaming event is, or will result in, an unreasonable intrusion upon the rights of adjoining property owners; The charitable gaming event will jeopardize the health, safety, or welfare of residents or workers within the area or the County; or Violations of any provisions of this Division exist. An organization may submit a request in writing to the Gaming Permit Review Board for reinstatement of a permit which has been suspended or revoked. After revocation, an organization may at any time apply to the Gaming Permit Review Board for reinstatement of a charitable gaming event permit. The petitioner shall present evidence that the petitioner has cured or corrected any violation or other cause which gave rise to the prior revocation. Within ten calendar days of receiving the request for reinstatement, the Gaming Permit Review Board shall issue a decision in writing and state in detail all reasons for granting or denying a request. The Gaming Permit Review Board's decision may be appealed to the Board of Appeals pursuant to, and in accordance with, Section 2-117 of the Code.

Within ten (10) calendar days of any final decision of the Director or the Gaming Permit Review Board, made pursuant to this Division, any aggrieved person may appeal the decision to the Board of Appeals. The appeal shall be filed with the Clerk of the Board of Appeals, shall be in writing, and shall state in detail all reasons that support the appeal. The Board of Appeals will hold a hearing, if requested, and shall issue a decision in writing within sixty (60) days after the close of the record of the hearing. In cases where no hearing is requested, the Board shall issue a decision within sixty (60) days of its receipt of the appeal. The Board of Appeals may also issue a stay of the Gaming Permit Review Board's decision pending the decision of the Board of Appeals. Any party aggrieved by the decision of the Board of Appeals may appeal such decision to the Circuit Court for Prince George's County, Maryland, pursuant to the rules governing appeals from administrative agencies. This appeal shall be on the record.

The permit shall be conditioned upon compliance with the following: All health, electrical, zoning, fire, and building laws and regulations; Except for charitable gaming events, operation shall be limited to between the hours of 12:00 Noon and 11:00 P.M. on Sunday through Thursday, and between the hours of 12:00 Noon and 12:00 Midnight on Friday and Saturday, except as follows: Where the event takes place on land leased from a public agency upon which a privately owned building or facility is operated for a recreational purpose on a commercial basis, the hours of operation may be extended on Sunday through Thursday until 12:00 Midnight and until 1:00 A.M. the following day for events held on Friday and Saturday provided there are no occupied residences within 1,000 feet of the nearest ride, show, or game of the event. Where the event, including all associated activities under the permit, is held within a wholly enclosed building, the hours of operation may be extended on Friday and Saturday to 2:00 A.M. the following day. All charitable gaming event permits are subject to the following conditions: Not more than three (3) charitable gaming events shall be conducted in any one (1) week by any one organization; The hours of operation are limited as follows: 2:00 P.M. to 11:00 P.M. on Sunday; 12 Noon to 11:00 P.M. on Monday through Thursday; 12 Noon Friday to 2:00 A.M. Saturday; and 12 Noon Saturday to 2:00 A.M. Sunday; Charitable gaming events may only be held at any premises owned or leased exclusively by an organization which is eligible for a permit under Section 5-106, and no charitable gaming location may operate more than five days per week. The manager or chief supervisor of all charitable gaming events shall be a bona fide member of the group or organization for a minimum of three (3) years or a resident of Prince George's County, Maryland; Dealers, workers, or supervisors shall not play as patrons at events they work; and Only betting tokens or tickets that have been paid for by a patron with cash shall be used in the conduct of charitable gaming events. The following activities are prohibited at charitable gaming events: Games involving dice; The use of credit cards; The use of checks and drafts for gaming; The cashing of checks and drafts by persons working at a charitable gaming event; and The serving of complimentary alcoholic beverages. No person under 21 years old may be a patron or accompany any patron at a charitable gaming event. The use of checks and drafts for gaming and the cashing of checks and drafts by persons working at a charitable gaming event are prohibited. The benefit performance shall be managed and operated only by members of such group or organization personally, except that employees of any professional carnival operation may operate all rides and technical, mechanical, and electrical equipment and may operate special equipment, such as popcorn, coffee, and candy machines. No person, association, corporation, or any other entity, other than a governmental agency or other organization as defined by Section 5-106, shall lease, rent, or receive any remuneration for any structure or premises to be used for a bingo operation other than the premises described in Section 5-113(a)(2). This paragraph shall not apply to a carnival. No bingo games may be operated more than three (3) days a week at any one facility or location, except for games operated as part of any one carnival or County fair which games may be operated for up to a total of seventeen (17) days in any one year.

Any member who works at a charitable gaming event shall submit an affidavit, under the penalty of perjury, stating that the member is a volunteer, not working at the charitable gaming event for any salary, compensation, or gratuities from the organization or private gain from the proceeds. The affidavits shall be filed with an organization's quarterly reports, as required by Section 5-113.03. Each person who works at a charitable gaming event shall be required to obtain a license annually from the Department by submitting an application supplied by the Director. As provided by State law, the Director shall conduct such background investigations of volunteers as necessary to insure that anyone with a past illegal gambling conviction (including probation before judgment or a plea of nolo contendere), other criminal background, or conviction for any crime involving financial misrepresentations is not allowed to work at charitable gaming event operations in the County. All individuals who assist in conducting charitable gaming events shall be fingerprinted and shall submit an affidavit under the penalty of perjury stating that the individual has never been found guilty of a gambling conviction (including probation before judgment or a plea of nolo contendere), other criminal background, or conviction for any crime involving financial misrepresentation. No license shall be issued to a person under 18 years old. The Director may suspend or revoke a charitable gaming event worker's license for a period not to exceed three (3) years if it finds that the licensee will jeopardize the health, safety, or welfare of residents or workers within the area or the County; or that the licensee has violated any provisions of this Division. A charitable gaming event worker may submit a request in writing to the Director for reinstatement of a license which has been suspended or revoked. After revocation, a worker may at any time apply to the Director for reinstatement of a charitable gaming event license. The petitioner shall present evidence that the petitioner has cured or corrected any violation or other cause which gave rise to the prior revocation. Within ten calendar days of receiving the request for reinstatement, the Director shall issue a decision in writing and state in detail all reasons for granting or denying a request. The Director's decision may be appealed to the Board of Appeals pursuant to, and in accordance with, Section 2-117 of the Code. The charitable gaming event worker license shall be valid for one year. The charitable gaming event worker license fee for supervisors, dealers and games operators, and other workers shall be as established by resolution of the County Council. Replacement badges for charitable gaming event worker licensees may be issued after a replacement fee is paid. The amount of the fee shall be as established by resolution of the County Council. The charitable gaming event worker license fees may be paid by the eligible group or organization.

An organization may not pay an individual who assists in conducting a charitable gaming event a salary, gratuity, or compensation of any kind for assisting in conducting the charitable gaming event. No individual or group of individuals shall benefit financially from the holding of a charitable gaming event to which the public is invited or admitted, with or without charge, or be paid any of the proceeds from any charitable gaming event for personal use or benefit. The net proceeds of a charitable gaming event shall inure to the exclusive benefit of an eligible group or organization for the promotion of, and to be used for, one or more of the objects set forth in Section 5-106 of this Division and not for the private gain of any individual or group of individuals or member of the group or organization.

Each eligible group or organization conducting a charitable gaming event more than one time per month shall file a quarterly charitable gaming event report on a form supplied by the Department, within thirty (30) days from the end of each quarter as established by the Director. The reports shall include the following information: The dates of each charitable gaming event held during the reporting period; The gross and net income derived from each event; An itemized list of expenses, including the names and addresses of each vendor and lessor, the necessity of each expense, date of purchase or lease, and, if prepaid before the event(s), the source of the payment; As of the date of filing, an itemized list of any gifts or donations made from the proceeds of the charitable gaming event, including: The name, address, and tax identification number of each person, group, or organization receiving such gifts or donations; and The dates and amounts of each gift or donation; A statement of the organization's intent as to the disposition of any unexpended portion of net proceeds from such events; and A list of all persons who worked at charitable gaming events during the reporting period. Each eligible group or organization shall file an annual report for the preceding calendar year, on a form supplied by the Department, not later than April 15 of each year (beginning April 15, 1998). The report shall contain a summary of the previous year's activities and a statement of how the organization's charitable gaming event activities continually and substantially work towards the organization's stated goals and activities. The group or organization shall also submit an unqualified audited financial statement concerning the operation of its charitable gaming activities, prepared by an independent certified public accountant and a copy of its most recent IRS 990 and State Form COF-85, or any other substitute documents deemed necessary by the Director on the same day as the organization's Federal Tax Returns are due.

A person may not knowingly make a false, fictitious, or fraudulent representation in a charitable gaming event permit application, record, report, or as part of any other documentation required under this Division.

Except for charitable gaming events, the Department shall conduct an initial preoperating inspection as well as periodic inspections to insure that the permit conditions are complied with. For charitable gaming events, the Department shall conduct such periodic inspections as necessary to insure compliance with the provisions of this Division.

The fee for a benefit carnival permit shall be as prescribed in the Table of Fees, section 2-253.63, Attachment A. No fees shall be required for any benefit performance, other than a carnival or raffle, that is to be a one (1) time operation. Any benefit performance, other than a carnival, charitable gaming event, or a raffle, that is to be operated repeatedly shall pay the fee as prescribed in the Table of Fees, section 2-253.63, Attachment A. The fee for a benefit raffle permit shall be as prescribed in the Table of Fees, section 2-253.63, Attachment A. The fee for a charitable gaming event permit, each charitable gaming event and each mechanical device that is operated on the premises of a permittee shall be as prescribed in the Table of Fees, section 2-253.63, Attachment A. A charitable gaming event permit enforcement fee shall be as established by resolution of the County Council.

Permitted games shall be limited to gaming events authorized pursuant to Section 5-107 of this Division, bingo, and raffles. Games involving dice and slot machines shall not be permitted.

Prizes shall be limited as follows: Any benefit performance, other than a raffle, charitable gaming event, or bingo, may include the award of cash prizes of not more than One Thousand Dollars ($1,000.00) per prize or the award of merchandise. Any raffle may include the award of cash prizes totaling up to Five Thousand Dollars ($5,000.00) and the award of merchandise in any amount or the merchandise cash equivalent. No bingo operation may include the award of cash prizes or merchandise in an amount or value greater than One Thousand Dollars ($1,000.00) per prize and such prizes shall not exceed a total amount or value of Eight Thousand Dollars ($8,000.00) per day of operation. Any charitable gaming event may include the award of cash prizes of not more than One Thousand Dollars ($1,000.00) per prize. The limitation on prizes for each licensed or permitted activity shall be determined individually, regardless of the number of activities which are operated at the same time or at the same location.

Except as provided in Section 5-118(b) of this Division pertaining to charitable gaming events, any person, group, or organization operating or attempting to operate any such benefit performance in violation hereof shall, upon conviction of such violation, be subject to a fine not exceeding One Thousand Dollars ($1,000.00) or imprisonment in jail for a period of not more than one (1) year, or both such fine and imprisonment at the discretion of the court. In addition to any penalties imposed for violations of State law pertaining to charitable gaming events, any person who violates any provision of this Division applicable to charitable gaming events is guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00) or imprisonment not exceeding six (6) months, or both.

Any person who violates any provision of this Division pertaining to charitable gaming events shall be subject to the issuance of a civil citation pursuant to the provisions of Subtitle 28, Division 3, of this Code, and shall pay the County a civil monetary fine in an amount prescribed by Subsection (b) of this Section. Each day the violation remains uncorrected is deemed a separate offense and is subject to an additional citation and fine as prescribed by Subsection (b) of this Section. A group or organization that conducts a charitable gaming event in violation of the provisions of this Division is subject to the following penalties: For a first violation, a thirty-day suspension of the group's or organization's permit to conduct a charitable gaming event and a Five Hundred Dollar ($500.00) civil penalty; For a second violation, a six (6) month suspension of the group's or organization's permit to conduct a charitable gaming event and a maximum Three Thousand Dollar ($3,000.00) civil penalty; and For a third violation, revocation of the group's or organization's permit to conduct a charitable gaming event and a Ten Thousand Dollar ($10,000.00) civil penalty.

Approved means in satisfactory compliance with practice acceptable to the Health Officer, or other appropriate authority designated by law to give approval in the matter in question in accordance with the provisions of this Division or other applicable law or regulation. Child Care Facility means a facility which is an agency or institution offering or supplying group day care to seven (7) or more children who have not the same parentage, for a portion or all of a day and on a regular schedule more than once a week. This shall include, but not be limited to, the following: group day care centers, nursery schools, kindergartens, special schools for the care of the preschool age children and day care centers for mentally retarded persons; except that programs for children under six years of age which are part of a bona fide church operated day school ministry exempt under Education Article Section 2-206(e)(4) of the Annotated Code of Maryland or kindergartens approved by the State Department of Education shall be exempt from the requirements of this Division as to the application, issuance, maintenance, or revocation of a permit; however, programs for children under six years of age which are part of a bona fide church operated day school ministry or an approved kindergarten shall be subject to all other provisions of this Division and it shall be unlawful for any person responsible for the operation thereof to refuse or fail to comply after notice by the Health Officer and a reasonable time for compliance has expired. "Child Care Facility" does not include family day care homes, as defined in Title 5, Part V, Family Law Article, Annotated Code of Maryland, which are licensed by the Social Services Administration of the State Department of Human Resources. Facility means Child Care Facility. Health Officer means the Prince George's Health Officer or his duly authorized representative. Person means individual, firm, partnership, company, corporation, trustee, association, institution, cooperative enterprise or any public or private entity.

Health Regulations Affecting Staff. Preemployment Medical Examination. Each staff member shall have a preemployment medical examination including a tuberculin skin test and, if positive or otherwise indicated, a chest x-ray, and furnish certification that he is free of tuberculosis in a communicable stage. The report of the examination shall include the physician's statement that the individual is physically able to perform the duties for which he is employed. Tuberculosis Examination. Each adult in a facility who comes in contact with the children shall furnish certification, annually, unless waived by the Secretary or designee, that he is free of tuberculosis in a communicable stage. This certification shall be based on results of specific tests. The types of tests and the intervals between these tests shall be prescribed by the local Health Officer and shall conform to standards of the Department of Health and Mental Hygiene. The report on each examination shall be submitted promptly to the local health officer and returned to the person in charge of the child care facility. Health Information. Each staff member, volunteer, substitute, participating parent, and member of the household who is in contact with the children enrolled in the facility shall, upon request, furnish such information, permit such examination, or x-rays and submit such laboratory specimens as the Health Officer may require for purpose of determining freedom from disease or condition hazardous to the children when the Health Officer has reason to believe that a communicable disease exists. Communicable Disease. Staff personnel with evidence of communicable disease in a communicable stage or form shall not be permitted to work at the facility during the period of communicability. Hand washing. Staff members shall wash hands thoroughly with soap and running water after handling wet or soiled diapers and clothing, after toileting children, after handling pets, and before handling food. COVID-19 Vaccination. Staff members shall be fully vaccinated for the COVID-19 virus and shall provide proof of such vaccination. Immunizations. Immunizations required for all children prior to admission to a child care facility. Before a child is admitted to a center, evidence shall be furnished of primary immunizations against diphtheria, tetanus, pertussis, poliomyelitis, measles (rubeola), and German Measles (rubella), in a manner approved by the Health Officer and any other immunizations deemed necessary by the Secretary of the Department of Health and Mental Hygiene and in conformance with COMAR 10.06.04 Required Immunizations Prior to Entry Into a Maryland School. The immunization will be in accordance with the current schedule of immunizations recommended by the Maryland Steering Committee on Immunization Practices of the Medical and Chirurgical Faculty of Maryland. Exception may be made for a child whose parent or guardian furnishes proof that his child has had a minimum of one dose of DTP or Td (adult) tetanus, diphtheria, poliomyelitis, measles, and rubella vaccine, and continues to furnish written evidence toward the completion of the primary immunization series according to the current schedule of immunizations. Medical Contraindications. Immunization requirements shall not apply to any child who presents a written statement from a licensed physician or the Health Officer indicating that immunization against any or all of the above mentioned diseases is considered medically contraindicated, detrimental to, or not in the best interest of the child's health. The statement shall indicate whether the contraindication is permanent or temporary. If temporary, the statement shall provide assurance that the child will receive the immunization(s) and furnish evidence of their completion. Religious Conflict. Any parent or guardian who presents a written statement of objection to immunizations upon the grounds that they conflict with the tenets or practices of a recognized church or religious denomination of which he is a member, shall not be required to present a physician's certificate of immunization. This exception will not apply in case of an emergency or epidemic of disease which is declared by the Secretary of Health and Mental Hygiene. Vaccine Provision. If for any reason a parent or guardian is not able to obtain the service of a private physician, he may take his child to the Health Department where such immunizations will be provided.

Day Care Center for Adults means a place that is operated to provide, with or without charge, care for medically handicapped adults and either: is designated for group day care for four (4) or more medically handicapped adults; or is a family home that provides day care for two (2) or three (3) medically handicapped adults. Day Care Center for the Elderly means a place that is operated to provide, with or without charge, care for elderly individuals and either is: designated for group care for at least four (4) elderly individuals; or is a family home that provides care for two (2) or three (3) elderly individuals. Department of Health and Mental Hygiene means the Prince George's County Health Department. Department of Social Services means the Prince George's County division of the Social Services Administration within the State Department of Human Resources. Elderly individual means an individual who: is 60 years old or older; lives alone or with a spouse, relative, or friend; and needs temporary supervision and care during a part of a day. Family Day Care Home means a residence other than the child's residence in which care is given to not more than six (6) children in place of parental care for less than twenty-four (24) hours a day for pay. Medically handicapped adult means an individual who: is sixteen (16) years old or older; lives alone or with a spouse, relative, or friend; and has a disability that is: A reasonably static physical impairment that prevents gainful employment or the accomplishment of the routine of normal daily activities outside of an institutional or sheltered environment; or A permanent or recurrent mental impairment that requires domiciliary or institutional care in a sheltered environment. Person means an individual, firm, partnership, company, corporation, trustee, association, institution, cooperative enterprise, or any public or private entity.

Upon the filing of an application for registration of a Family Day Care Home with the Department of Social Services, a person who is a lessee shall notify the owner of the premises of the application. Upon the filing of an application for a license for a Day Care Center for Adults with the Department of Health and Mental Hygiene, a person who is a lessee shall notify the owner of the premises of the application. Upon the filing of an application for a license for a Day Care Center for the Elderly with the Department of Health and Mental Hygiene, a person who is a lessee shall notify the owner of the premises of the application.

Failure to comply with the provisions of Section 5-131 is unlawful and subject to penalty stated in Section 1-123 of this Code.

Staff members of the day care facility shall be fully vaccinated for the COVID-19 virus and shall provide proof of such vaccination.

For the purposes of this Division the following words and phrases shall have the meanings respectively ascribed to them by this Section. Certified psychologist. Such term shall have the same meaning as set out in Title 18, Health Occupations Article, Annotated Code of Maryland. Director. The Director of Permitting, Inspections, and Enforcement or the Director's designee. Fortunetelling and Similar Practice. Any attempt to tell fortunes or predict the future, for pay, by means of occult or psychic powers, faculties or forces, necromancy, palmistry, psychology, psychic psychometry, spirits, mediumship, seership, prophecy, cards, talismans, sorcery, charms, potions, magnetism or magnetized articles or substances, tea leaves, magic of any kind or nature, numerology or any other similar means, occupations, callings, or professions, businesses, trades, arts, crafts and devices. His. The word "his" shall mean both masculine and feminine gender. License. A certificate issued by the Director or his designee to a person, as defined herein, enabling such person to engage in the business of fortunetelling and similar practices as heretofore defined. Person. An individual, and not an association, firm, partnership or corporation of any kind. Psychologist. Such term shall have the meaning used in Section 18-101, Health-General Article, Annotated Code of Maryland.

It shall be unlawful for any person to charge any price of admission or to extract a fee for any act done or information or advice given or service rendered of any kind or character in regard to fortunetelling and similar practices as heretofore defined; or, to advertise or hold themselves out as being proficient in or being engaged in such occupation, calling, profession, business, trade, art, craft, or device for public or private patronage unless and until a license is obtained from the Director or his designee. Nothing herein, however, shall be construed to include, interfere with, prohibit, regulate, or subject to licensure the exercise of any religious or spiritual function of any priest, minister, rector or accredited representative of any bona fide church or religion where such priest, minister, rector or accredited representative holds a certificate of credit, commission or ordination under the ecclesiastical laws of a religious corporation incorporated under the laws of the State of Maryland or any other state or territory of the United States of America, or any voluntary religious association, and who fully conforms to the rites and practices prescribed by the supreme conference, convocation, convention, assembly, association or synod of the system or faith with which they are affiliated, provided, however, that any church or religious organization which is organized for the primary purpose of conferring certificates of commission, credit or ordination for a fee or price and not primarily for the practice of teaching and practicing a religious doctrine or belief, shall not be deemed to be a bona fide church or religious organization. Any psychologist as heretofore defined who is a certified psychologist shall be exempted from all provisions of this Section. The total number of licenses that may be currently outstanding shall not exceed one (1) for each eighty thousand (80,000) residents as reported in the latest U.S. Decennial Census and not more than two (2) licenses may be issued to members of the same family. Families for the purposes of this Section shall be defined as husband, wife, mother, father, brother, sister, son, and daughter. This Act shall not be construed to revoke or prevent renewal of a license where more than two (2) have been issued to members of any family on or prior to the effective date of this Act. However, no additional licenses shall be issued to members of said family until the number of licenses issued is less than two (2). After January 1, 1983, a license shall not be issued for any location within a municipality which has an ordinance in effect prohibiting fortunetelling. This Subsection shall not apply to the renewal of any license within such municipality in effect as of the date of the passage of this Act.

Applications for a license to engage in fortunetelling and similar practices as heretofore defined by this Division shall be filed with the Director or his designee, in writing, on a form prescribed by the Director or his designee. In addition to such other information as the Director or his designee may reasonably deem necessary for purposes of the implementation administration, and enforcement of this Division, the application shall state or be accompanied by the following: The name, local and permanent address, age, weight, height, color of hair and eyes, and any other distinguishing physical characteristics of the applicant. A legal description or address of the specific location used or proposed to be used in the operation or business of fortunetelling and similar practices as heretofore defined. Three prints of recent and clear photographs, 2" × 2" in size, showing the head and shoulders of the applicant; and provided further, that one (1) of said photographs shall be permanently affixed to the face of any license certificate issued under this Division. A statement as to whether the applicant has ever been convicted of a felony or misdemeanor, other than a motor vehicle violation pursuant to the Transportation Article of the Annotated Code of Maryland, and, if so, the nature of the offense, when and where convicted, and the penalty or punishment imposed therefor. The names of at least three (3) references, unrelated to the applicant, who will certify as to the applicant's good character and business responsibility. Every application shall be signed and certified that the information given thereon is true and correct. The signature shall be that of the applicant. In addition, no license shall be issued by the Director or his designee, unless and until there is presented to the Director or his designee, a certificate issued by the Bureau of Assessments showing that there are no unpaid taxes on the taxable tangible business personal property of the applicant due to the State of Maryland or Prince George's County.

Every applicant for a license for purposes of fortunetelling and similar practices as heretofore defined shall be fingerprinted and photographed by the Prince George's County Police Department; and, said fingerprints and photographs shall be maintained in the regular and ordinary course of business of said police department.

Each license issued under this Division shall be conspicuously displayed at all times in the licensee's place of business.

A license or approval is valid from one year from the date of issuance unless revoked or suspended or otherwise terminated, and shall be renewed from year to year upon application and payment of the annual fee.

A fee as prescribed in the Table of Fees shall be paid by an applicant when the initial application for a license is filed; thereafter, unless the license is denied, suspended, revoked, or otherwise terminated, the license shall be renewed annually upon the payment of the license fee prescribed in the Table of Fees.

A license shall not be transferable and any attempt to so transfer a license shall void the license.

Every licensee shall report in writing to the Director or his designee, any legal proceeding within ten (10) days from the date of notice to the licensee, if such proceeding relates to the business of "fortunetelling and similar practices" as heretofore defined.

All licenses issued pursuant to this Division shall be issued for use on the specific property designated in the application and shall at the time of issuance have the proper zoning for use of fortunetelling and similar practices as heretofore defined. A license may be amended at any time to designate a new location upon application to the Director or his designee with payment of a Twenty Dollar ($20.00) fee.

An applicant or licensee aggrieved by a decision of the Director with respect to the denial, suspension, revocation, or refusal to renew a license shall have the right to appeal any such decision to the Board of Appeals for Prince George's County, Maryland, within ten (10) calendar days after the receipt of a denial, suspension, revocation or refusal to renew decision rendered by the Director. Appeals to the Board of Appeals from any such decision of the Director shall be on the record of the hearing before the Director.

Any person who operates without a license required by this Division and anyone who operates while a license is suspended or revoked shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not to exceed One-Thousand Dollars ($1,000.00) and/or incarceration of up to six (6) months in jail and costs. In addition to the remedies provided elsewhere, the County may seek enforcement of this Division by injunction or other appropriate remedy at law or equity.

In this Division the following words and terms shall have the denoted meanings: Business means any place of commerce or commercial activity operated by a person and open to the public, including but not limited to: retail, service, entertainment, adult entertainment, professional, food and beverage, cannabis, cigarette or liquor sales establishments. Department means the Prince George's County Police Department. Late-Night Business means any Business that is open to the public at anytime between 12:00 A.M. and 4:00 A.M. Late-Night Safety Plan means a plan approved by the Department in accordance with this Division. Person means: an individual; or a partnership, firm, association, corporation, or other entity of any kinds; or a receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind. Exclusion: Person does not include, unless otherwise expressly provided, a governmental entity or an instrumentality or unit of a governmental entity. Priority Area means one or more police response areas where Late-Night Businesses and the surrounding community would benefit by operating in accordance with a Late-Night Safety Plan as identified and published by the Department, based upon public safety indicators to include, but not limited to: crime levels; emergency calls; and non-emergency calls. Relevant Departments mean the Department of Permitting, Inspections, and Enforcement, Department of Health, and the Board of License Commissioners.

A person shall not operate a Late-Night Business without first submitting a proposed Late-Night Safety Plan to the Department. A person may only operate a Late-Night Business after the Late-Night Safety Plan is approved by the Department and only in accordance with the Plan. A Late-Night Safety Plan expires three (3) years after its approval, and after such time a Late-Night Business must obtain a newly approved Late-Night Safety Plan from the Department in order to continue operating in the County.

The Department, after consultation with other Relevant Departments, shall promulgate rules and regulations to implement the mandates of this Division. That the rules and regulations implemented by the Department shall: establish the process for the owner or operator of a Late-Night Business to submit a proposed Late-Night Safety Plan; establish the process for the Department to consider and approve, after consultation with other Relevant Departments, a proposed Late-Night Safety Plan; establish a process for the Department and with other Relevant Departments to provide best business safety resources, training information, and resources regarding business safety plans; establish a template that a Late-Night Business must use to submit a proposed Late-Night Business Safety Plan; and establish the minimum requirements of a Late-Night Safety Plan: which shall require: an emergency evacuation plan; 24-hour contact information for the business owner or manager; Exterior bathroom doors that are free opening at all times, if the bathroom facilities use bathroom stalls; An acknowledgement that the business has received late night business training from the County; and may require, with written justification, any or all of the following: security training and security personnel physically present on or about the Late-Night Business's premises during the hours of 12:00 A.M. and 4:00 A.M.; exterior lighting; high-definition digital security cameras that provide video monitoring and recording, without audio recording capacity, or the interior and exterior of each entryway into the Late-Night Business and the cash register(s) or till(s). Security Camera Requirements. If a Late-Night Safety Plan requires the use of security cameras, then the Late-Night Safety Plan shall also require that the Late-Night Business owner or operator post signage in a conspicuous location on the interior and exterior of the business notifying the pubic that the Late-Night Business is subject to video surveillance monitoring. The Department may recommend, but must not require, that a Late-Night Business: search patrons by the use of mental detectors, magnetometers, or pat downs; or provide video recordings to the Department or other relevant departments, except when otherwise required by law.

Any violation of this Division shall subject owner and/or operator of a Late-Night Business to a fine of not more than One Thousand Dollars ($1,000); and each day the Late-Night Business operates in violation of this Division is a separate offense.

The following businesses shall be exempt from the applicability of this Division: Hospitals; Healthcare Facilities; Lodging Establishments; and Movie Theaters.

The Department must provide a report every two (2) years to the County Council on the following: Plans reviewed under this Section; Late-Night Businesses that have not submitted late night business safety plans; Recommendations for the improvement of late-night business safety; Grants provided under this Section; and Crime data for the area of each Late-Night Business before and after the approval of a Late-Night Business safety plan for the business.

Any person who owns or operates a hotel, rooming house, tourist home, motel or tourist cabin park within the County shall maintain a permanent register. The register shall be inscribed in ink in legible writing and contain the name and resident address, including state, city or town and street number or rural mail delivery route number, of each guest who occupies or engages sleeping facilities within any such establishment, the number of the room or facility occupied by such guest and the date and time of registration and of checkout of each such guest. No person shall occupy any room or facility until after the registration provided for in this Section. Any owner, operator or employee, or person in control of any hotel, rooming house, tourist home, motel or tourist cabin park within the County shall be prohibited from renting rooms by less than a full one night's rate for the hotel, rooming house, tourist home, motel or tourist cabin park. A "full one night's rate" means a rate for at least a twelve (12) hour term. This section only applies to sleeping rooms but not other rooms within a hotel, rooming house, tourist home, motel or tourist cabin park. Notwithstanding Section 5-168(c), there is an exemption for any owner, operator, employee, or person in control, of any hotel, rooming house, tourist home, motel or tourist cabin park within the County from the room rental limitation providing that the room is being rented to a person registering with or under a corporate or business account. Notwithstanding Section 5-168(c), there is an exemption for any owner, operator, employee, or person in control, of any hotel, rooming house, tourist home, motel or tourist cabin park within the County from the room rental limitation within a quarter of a mile of a hospital so they can rent to patients accessing outpatient care, or the patient's family member, at that hospital or other medical facility. There is also an exemption for any owner, operator, employee, or person in control of any hotel, rooming house, tourist home, motel or tourist cabin park within the County from the room rental limitation for renting for special purposes, which shall include air or transit travel layovers, speaker ready rooms, public safety purposes, and nursing or pregnant mothers. The Executive Director of the Office of Human Rights may also grant additional exemptions in advance in writing for other special purposes that the Executive Director determines is consistent with the intent of this Act.

The permanent register may be either in a bound book with nondetachable pages or may be in the form of a loose leaf book or cards. If a loose leaf book or cards are used, they shall be numbered consecutively before use and all such numbered pages or cards shall be kept even though they are not used by reason of mistake in entering information or for any other reason. The register provided for by this Division shall be kept for at least three (3) years. It shall be open to inspection upon the request of any official or employee of the Department of Permitting, Inspections, and Enforcement or of any law enforcement officer of the County or the State.

No person shall knowingly inscribe any false or incorrect name or address or license plate in any register described in Section 168. No owner or manager of any type of establishment or any employee thereof knowingly shall permit any person to inscribe any false name or address or license plate number in any such register.

The Council is authorized to adopt such regulations concerning the operation, maintenance and conduct of any of the types of establishments referred to in Section, including provision for such licenses and license fees for such establishments as it may deem appropriate.

Any person who owns or operates a hotel, rooming house, tourist home, motel or tourist cabin park within the County shall be required to provide training to employees on how to identify human sex trafficking and human labor trafficking activities and human sex trafficking and human labor trafficking victims. An owner and operator of a hotel, rooming house, tourist home, motel or tourist cabin park within the County shall register with the Department of Permitting, Inspections, and Enforcement. If an entity is owned by a corporation, the registered agent of the owner shall register with the Department of Permitting, Inspections, and Enforcement. Any change in ownership shall be updated with the Department of Permitting, Inspections, and Enforcement by the end of the 30th day after the effective date of new ownership. All registration shall be completed by August 1, 2015. As a condition of a use and occupancy permit or continuation of a use and occupancy permit, registration for a hotel, rooming house, tourist home, motel or tourist cabin park within the County is required. Beginning on August 1, 2015, each new employee of a hotel, rooming house, tourist home, motel, or tourist cabin park within the County shall complete a human trafficking training program consisting of viewing a training video provided by the Office of Human Rights in collaboration with the Prince George's County Police Department. Employees hired prior to August 1, 2015 shall complete the human trafficking training in this subsection by October 1, 2015. The same training requirements apply for human labor trafficking except for the above-referenced dates in this subsection. Beginning in calendar year 2016, lodging establishments identified in Sec. 5-171.01(a), shall be required to annually certify to the Department of Permitting, Inspections and Enforcement that all of their employees have completed the required training. The Department of Permitting, Inspection and Enforcement shall issue regulations prescribing the process for annual certification within sixty (60) days after the effective date of this Act.

Any act that is prohibited or is made or declared to be unlawful or an offense pursuant to Subtitle 5, Division 7 of the County Code, shall be punished by a fine not exceeding Five Hundred Dollars ($500) for the first offense and One Thousand Dollars ($1,000) for subsequent offenses.

This Division is to establish the licensing requirements for short-term rentals within Prince George's County, Maryland. It also establishes the rules, regulations, fees, penalties and enforcement provisions for short-term rentals. In the shared economy, hosting platforms enable people to utilize and rent his or her home on a short-term basis. Short-term rentals are not regulated to the same standards as a hotel or motel, however, individuals utilizing short-term rentals and the associated hosting platforms acknowledge, understand and accept these differences in standards. Rental licenses are different from short-term rental licenses and cannot be used interchangeably. Rental licenses are regulated pursuant to Subtitle 13 Division 4. Short-term rental licenses are regulated pursuant to Subtitle 5 Division 8. Each license must be applied for separately, adhering to and satisfying the applicable standards for each license.

In this Subtitle, the following words shall have the meaning indicated. Booking service means a reservation and/or payment service provided by a person or entity that facilitates a short-term rental transaction between a host and a prospective short-term rental guest for which the person or entity collects fees in connection with the reservation or facilitates payment services between the host and guest. Days means calendar days. Department means the Department of Permitting, Inspections, and Enforcement. Director means the Director of the Department of Permitting, Inspections, and Enforcement. Dwelling unit means any room or group of rooms forming a single unit that is used or intended to be used for living, sleeping, and the preparation and eating of meals, and that is located within a building that is wholly or partially used or intended to be used for living and sleeping by human occupants. Host means a legal owner of a residential dwelling unit and who provides or offers to provide all or part of a residential dwelling unit for short-term rental and has obtained a short-term rental license from Prince George's County. The host must provide proof of ownership with a copy of his or her Homestead Tax Credit filing. Hosting platform ("Platform") means a person or entity that facilitates a short-term rental by providing booking services through which a licensed host may lawfully provide a residential dwelling unit for short-term rental use. Listing means a complete list of all Prince George's County properties listed in the platform for the current and upcoming reporting periods, to include the host name, owner name, physical address, councilmanic district, municipality, license number, registration number, and rate charged for each short-term rental stay. Nuisance means the following: An act or condition knowingly created, performed, or maintained on private property that constitutes a local code violation and that: Significantly affects other residents of the neighborhood; Diminishes the value of neighboring property; and is injurious to public health, safety, or welfare of neighboring residents; or obstructs the reasonable use of other property in the neighborhood; A property where the tenant, owner, or other occupant has been convicted of violations of § 10-201 or § 10-202 of the Criminal Law Article for conduct occurring on, in, or in relation to the property; or A property to which police or other law enforcement agencies have responded to complaints or calls for service three (3) or more times within any 30-day period. Owner Occupied means the host and legal owner of a residential dwelling unit who is present during the entire time of the short-term rental. Owner Occupied short-term rentals shall not be utilized by a short-term rental guest for more than 180 days per calendar year. Permanent resident means an individual who is domiciled in Prince George's County, Maryland, maintains a place of abode in Prince George's County for 180 or more days during the year and is the individual who owns the property and obtains the homestead tax credit at that address. For purposes of this Subtitle, a host may have only one (1) permanent address, which is the address the host uses to obtain the homestead credit. Short-term rental means a residential dwelling unit occupied by a short-term rental guest, other than a permanent occupant, for fewer than 31 consecutive days and no more than 90 days per calendar year, where a host receives monetary compensation for such occupancy, if the owner is not present during the rental. A short-term rental may be occupied by a short-term rental guest for no more than 180 days per calendar year, if the host is present during the short-term rental. A short-term rental provider shall not combine time limits for short-term rentals. The maximum allowable days for a short-term rental are 180 calendar days, provided all requirements are met for that time frame. A short-term rental is a tourist home that is an accessory use to a dwelling, but does not include a hotel, motel, inn, boarding house, group residential facility, and fraternity or sorority house. Short-term rental guest means a transient who occupies, or has the right to occupy, a lawfully licensed short-term rental for a period of 30 days or less during any one continuous stay. This does not include a hotel, motel, inn, boarding house, group residential facility, fraternity or sorority house. Short-term rental provider means a licensed host who lawfully offers for rent a short-term residential rental and does not include a hotel, motel, inn, boarding house, group residential facility, and fraternity or sorority house.

Except as provide in 5-175(b), a short-term rental license shall be obtained prior to operation and the short-term licensee shall comply with all applicable license requirements pursuant to this Division and the Prince George's County Code. A person who has filed a complete application with the Department for a short-term rental license may operate a short-term rental for no more than 90 calendar days while the application is being assessed and evaluated by the Department. A person who has filed a complete application with the Department shall follow all of the requirements of a short-term rental provider during the 90-day operation of the short-term rental. The Department shall provide a 90-calendar day certificate upon determining that the property is the applicant's primary residence. The certificate shall state the start and end date of the 90 calendar days and there is a pending application for a short-term rental license. The issuance of a certificate while an application is pending does not guarantee that an applicant will be approved for a short-term rental license. If an applicant has been previously denied a license or his or her license has been suspended or revoked, the Department shall not issue a certificate for the 90-calendar day operation of a short-term rental. The provisions of this 5-175(b) may not be used to circumvent the provisions and intent of this Division. No person shall advertise or host a short-term rental unless the person maintains a short-term rental license for the specific address issued by the Department, or pursuant to Section 5-175(b) there is a complete and a filed application is being assessed during the 90-calendar day period. The maximum allowable days are 180 calendar days. A short-term rental licensee or applicant with a certificate from the Department shall not combine days to exceed beyond the maximum 180 calendar days. All applicable time frames shall be followed as outlined in this Division. An owner-occupied short-term rental shall not combine the 180 calendar days with any other days or time frames for short-term rentals. A short-term rental that is not occupied by the owner shall not combine days with any other time frames to exceed the maximum allowable days. A person who has filed a complete application with the Department and has been issued a certificate shall not combine days to exceed beyond the maximum allowable days. Every day that the person who has filed a complete application with the Department and received a certificate, rents his or her short-term rental, it is counted towards the maximum allowable days. Short-term rental licenses shall only be issued to hosts that utilize platforms licensed by Prince George's County, Maryland. There shall be a completed application filed with the Department. Once the completed application has been filed, the Department will assess the application for compliance with all of the requirements for a short-term rental license. After the assessment of the application, the Department may approve the application and issue a short-term rental license. The Department will maintain a database for all short-term rental licensees, which will include, but is not limited to emergency contact information for the licensed host and the person designated as the emergency contact. Prince George's County Government and Municipal Officials will have the ability to gain access to the host and emergency contact information in the short-term rental database. Notwithstanding Section 5-175(g), the Department shall maintain an on-line searchable public database of all licensed short-term rentals in the County. The database shall include physical address, council district, municipality, license number, and whether the property has outstanding Code violations.

The Department may issue an annual short-term rental license to an eligible applicant. Each short-term rental license expires annually on the anniversary of its issuance. Fraud, misrepresentation, false statement and inaccuracies in the application or supporting documents shall be grounds for immediate revocation or denial of the short-term rental license. All the requirements of this Subtitle shall be continuously maintained throughout the duration of the license. Failure to do so shall be grounds for immediate revocation or denial of the short-term rental license. Shall pay all applicable fees associated with the application and approval of the license, including the initial $150 licensing fee, thereafter there will be an annual fee of $150; The fees are subject to change; any change in the licensing fee shall be prescribed in the Table of Fees. An applicant for a short-term rental license shall: Shall obtain and attest to liability insurance of at least $1,000,000. May utilize a platform's liability insurance if the liability insurance is at least $1,000,000 and is approved by the Department. Attest and ensure that each short-term rental unit has a working smoke detector and carbon monoxide detector in every bedroom, sleeping area and on all habitable floors; Attest and ensure that each short-term rental unit has properly maintained, serviced, and charged fire extinguishers mounted in every bedroom, sleeping area and on all habitable floors in compliance with the Prince George's Fire Safety Code; Attest and ensure that each short-term rental has a posting of the Owner's emergency contact information on the interior of the rental, a floor plan that indicates fire exits and escape routes that is conspicuously placed on the interior portion of the main entrance and in each room where there are sleeping quarters in the short-term rental; Provide a picture to the Department as proof of the conspicuously placed posting of the emergency contact information on the interior of the rental, a floor plan that indicates fire exits and escape routes; Attest and ensure the short-term rental is in compliance with all applicable laws and codes including but not limited to Subtitle 4 of the Prince George's County Code, all applicable property maintenance, electrical, plumbing and building codes; Attest and ensure that notification has been provided to homeowner associations, condominium associations, common ownership communities, cooperatives, and, where applicable, municipalities where the short-term rental is located; Attest and ensure compliance with the requirements of homeowner associations, condominium associations, common ownership communities, and cooperatives where the short-term rental is located; Attest and ensure that the short-term rental has provided at least one (1) off street parking space for every three (3) overnight guests; Attest to the host's intent to apply for the short-term rental license has been provided to the following neighbors and/or individuals in the adjacent homes including but limited to: The neighbors that are to the immediate left, of the short-term rental property; The neighbors that are to the immediate right, of the short-term rental property; The neighbors that are in front of the short-term rental property; The neighbors that are behind the short-term rental property; The Department shall provide the approved notification letter for short-term license applicants; Attest and ensure that the short-term rental is the permanent residence of the host; Attest and ensure the short-term rental has two (2) outdoor trash and one (1) recycling receptacles with tight fitting lids; Attest to ownership of the short-term rental property; Attest and ensure that the property has no outstanding taxes or liens and the property has no code violations; Attest and ensure that accurate and current contact information of the owner of the short-term rental is provided on the application; the contact information shall include the following: The host's primary physical mailing address; The host's cell phone number; The host's email address; Attest and ensure that accurate and current information of an individual that will serve as the emergency contact, other than the host, who resides within Prince George's County or within 25 miles if the emergency contact resides outside of Prince George's County. The emergency contact is responsible for responding to the short-term rental for any issues that require immediate attention. This information shall be provided on the application; the contact information shall include the following: The individual's primary physical mailing address; The individual's cell phone number; The individual's email address; Provide, within five (5) business days, updates to the contact information immediately or risk having the license revoked or denied; Provide a list of all the licensed platforms the applicant intends to utilize; Attest and ensure that the rules, as approved by the Department per Section 5-175.06(a) regarding short-term rental guests are posted on or by the main entrance used by the transients pursuant to Section 5-175.06 of this Division. The Department may require evidence of any of the above requirements in any form or manner it directs.

No license for a short-term rental shall be issued to a host until the application has been successfully and satisfactorily completed. All documentation shall be submitted and all requirements shall be adhered to prior to a determination being made about the issuance of a short-term license to the applicant. Each short-term rental license expires annually on the anniversary of its issuance. The host must apply to renew the license thirty (30) days before the current license expires. Upon approval of the renewal license, the host shall submit the applicable licensing fee. The fees are subject to change; any change in the licensing fee shall be prescribed in the Table of Fees. In addition to complying with all of the application requirements set forth in Section 5-175.01, the renewal applicant shall provide a copy of short-term rental guest log required by Sec. 5-175.03.

No one shall engage in the business of the short-term rentals without having obtained a license under this Division. A person who has filed a complete application with the Department for a short-term rental license may operate a short-term rental for no more than 90 calendar days while the application is being assessed and evaluated by the Department. A person who has filed a complete application with the Department shall follow all of the requirements of a short-term rental provider during the 90 day operation of the short-term rental as prescribed in this Division and section 5-175. No one shall utilize or list on a hosting platform without a short-term rental license, except as prescribed in section 5-175(b). Anyone issued a short-term rental license shall do the following: Shall collect and remit all applicable hotel taxes through the platform; Shall display conspicuously on interior of the short-term rental, the license with contact information of the licensed host, the Prince George's County, Maryland based emergency contact pursuant to Section 5-175.01(c)(19) and the contact information for the Department; Shall not rent the short-term rental for more than 30 consecutive days; Shall not rent the short-term rental more than 90 days per calendar year if the short-term rental is unoccupied by the owner; Shall not rent the short-term rental more than 180 days per calendar year if the short-term rental is owner occupied; Shall not combine allowable time frames to exceed the permissible calendar days for short-term rentals; Shall not permit more than a total of eight (8) guests at any one time and there shall not be more than three (3) guests per bedroom; Shall not permit any other individuals to utilize the short-term rental other than registered short-term rental guests; Maintain a log of all short-term rental guests that have rented the short-term rental when applying to renew the short-term rental license that shall be provided when applying for renewal of the short-term license; The log shall contain the following information: The total number of short-term rental guests that stay in the short term rental for the calendar year beginning the first day of January of each year and ending the last day of December; The total number of short-term rental guests that stay during each individual rental; The dates the short-rental is rented by a short-term rental guest; The number of days and dates the short-term rental was owner occupied; and The total number of days and dates when the short-term rental was not owner occupied.

Short-term rental hosting platforms shall be registered with the Department. Platforms shall pay an annual licensing fee of $2,500 to lawfully operate in Prince George's County, Maryland. The fees are subject to change; any change to the annual $2,500 licensing fee shall be prescribed in the Table of Fees. Platforms shall require any short-term rental host to submit a copy of the host's rental license or 90 day pending application certificate to the platform, prior to the rental being listed on the platform. Platforms shall electronically provide the following data to the Department in the method prescribed by the Department on a monthly basis. The data shall be submitted to the Department on or before the last calendar day of the month and shall include data from the preceding month and preceding year. The required data is as follows: The total number of short-term rentals listed on the platform during the applicable reporting period; A complete listing of all Prince George's County properties listed in the platform for the current and upcoming reporting periods; The total number of nights that each listing on the platform was rented to transients during the applicable reporting period. Address of the Host site; Municipality; Amount paid by the Host; Department of Permitting, Inspections, and Enforcement Short-term rental license number; and Total taxes charged, including Special Tax area payments if applicable, and paid for each stay. All platforms shall remit all hotel taxes, including but not limited to those collected by the short-term rental provider or applicant, as outlined in this section and Subtitle 10 Division 8 of the Prince George's County Code and: Such quarterly payments shall be made on or before the last days of April, July, October and January in each year. They shall cover the amounts collected during the three (3) months immediately preceding the months in which reports, and remittances are required. Such quarterly payments shall be made on or before the last days of April, July, October and January in each year. They shall cover the amounts collected during the three (3) months immediately preceding the months in which reports, and remittances are required. The payments shall be made to the Department of Finance Prince George's County, with approval of the governing body, may agree to an alternative method of tax collection with the Platform. However, if after the expiration of the term of the agreement, Prince George's County may require remittance of hotel taxes as outlined in Subtitle 10 Division 8 of the Prince George's County Code and Section 5-175.04(e)(1).

The Department shall: Promulgate rules and regulations that every properly licensed short-term rental shall display in the main entrance used by short-term rental guests; Enforce any violation under this Division; Maintain records on licensed short-term rentals and short-term rental platforms; Provide reports on short-term rentals at the request of the County Executive and County Council; Monitor short-term rentals for compliance with this Division, building code, zoning regulations and the Prince George's County Code; Investigate suspected violations of this Division by platform hosts; Issue any penalties, citations, and revocations consistent with the enforcement and penalty provisions of this Division. Provide an annual report on short-term rentals. The report shall include the following information for the prior calendar year: a summary of activities for short-term rentals, the number of licenses issued, suspended, revoked, complaints regarding short-term rentals, revenue raised from the short-term rental licenses, staffing assigned in part or in full to ensure compliance with this section and other relevant information. The report shall be submitted to the County Executive by February 1. The County Executive shall transmit the report to the County Council by March 15. The Department shall provide on a monthly basis to lawfully licensed platforms the following information: The license number for all lawfully registered hosts; The license number for all hosts who have an expired license; The license number for all hosts who have a suspended license; The license number of all hosts whose license has been revoked; The name of individuals who have applied for a short-term rental license but were denied; The certificate number for all the applicants that have filed a complete application and were issued a 90 day operation certificate.

It shall be unlawful for a platform to list a short-term rental or for any person engaged in the business of short-term rentals to list on any platform when the following occurs: Short-term rentals that rent, or offers to rent that unit or any portion thereof, by the hour or for any period of fewer than 24 consecutive hours; Short-term rentals that rent, or offers to rent that unit or any portion thereof, more than once within any consecutive 24-hour period measured from the commencement of one rental to the commencement of the next; Advertise an hourly rate or any rate for any short-term rental period of fewer than 24 consecutive hours; Short-term rentals that rents, offers to rent that unit or any portion thereof, for multiple bookings or rentals for the same or overlapping time periods; The platform short-term rental license is a privilege and not a right. A platform short-term rental license may be suspended or revoked at any time or not renewed based upon non-compliance with the requirements of this Division and the Prince George's County Code. A platform short-term rental license may be suspended or revoked due to a citation, corrective order, or violation notice citing violations of the Prince George's County Code. All enforcement actions and penalties are at the Director's discretion, based upon the requirements of this Division. If a platform collects a fee for booking services in connection with an unlicensed host, the platform shall be liable and subject to civil fines of $1,000 per violation. The civil fine may be imposed through either a violation notice or an administrative citation. If a platform collects a fee for booking services in connection with someone who does not have a 90-day certificate from the Department regarding a filed and complete application, the platform shall be liable and subject to civil fines of not less than $1,000 per violation. The civil fine may be imposed through either a violation notice or an administrative citation. An administrative citation or violation notice issued pursuant to this Division shall contain, at a minimum, all of the information required by Section 13-1125 of this Code and shall be served in accordance with the provisions of that Section.

The short-term rental license for a host is a privilege and not a right. A short-term rental license may be suspended or revoked at any time or not renewed based upon non-compliance with the requirements of this Division and the Prince George's County Code. A short-term rental license may be suspended or revoked due to a citation, corrective order, or violation notice citing violations of the Prince George's County Code, including but not limited to violations of the building, electrical, plumbing or zoning codes. The Department has the right to enter and inspect the short-term rental with reasonable notice to the host. Failure to provide timely access may serve as a basis to issue a violation notice or administrative citation, or to suspend or revoke a license. The Department may immediately issue a violation notice or administrative citation, or may suspend or revoke a short-term rental license if the operation of the short-term rental constitutes a nuisance as defined in Section 5-174 or because of any adverse effect to public health, safety, and the general welfare, including excessive noise, traffic, physical activity, public safety, or other good cause. The Department may immediately issue a violation notice or administrative citation or may suspend or revoke a license if under the Building Code a stop work or stop use order has been issued to the address. All enforcement actions and penalties are at the Director's discretion, based upon the requirements of this Division. If a short-term rental host license is suspended or revoked, Department shall notify in writing the host and all platforms on which the host currently lists. In addition to any other penalty provided by law, any individual who violates this Division shall be subject to a civil fine of not less than $1,000. The civil fine may be imposed through either a violation notice or an administrative citation. An administrative citation or violation notice issued pursuant to this Division shall contain, at a minimum, all of the information required by Section 13-1125 of this Code and shall be served in accordance with the provisions of that Section.

Any person aggrieved by an act or determination of the Director pursuant to this Division, including, but not limited to, the issuance of a violation notice or administrative citation, or the suspension or revocation of any license, may appeal such act or determination to the Administrative Hearing Unit established by Subtitle 13, Division 15 of this Code within ten (10) calendar days after receipt of notice of the act or determination of the Director. The Administrative Hearing Unit shall hold a hearing and the proceedings shall be conducted in accordance with the procedures outlined in Sections 13-1134 through 13-1151 and Section 13-1153 through 13-1154 of this Code. The Director shall have the initial burden to establish the basis for the determination from which the appeal was taken. The appellant shall have the burden to establish by a preponderance of the evidence that the Director has misconstrued or wrongly interpreted the intent and meaning of this Code. The Administrative Hearing Unit shall determine only whether there was substantial evidence for the Director to take the enforcement action from which the appeal was taken. The Administrative Hearing Unit may not substitute its judgment for that of the Director. The Administrative Hearing Unit may reverse, modify or remand the decision of the Director only if the decision of the Director is clearly erroneous, or arbitrary and capricious, or unsupported by any substantial evidence. Every decision of the Administrative Hearing Unit shall be given in writing within thirty (30) days of the hearing. A copy of each such decision shall be promptly filed with the Director and a copy shall be sent by U.S. first-class mail, sent electronically, or otherwise delivered to the appellant. An appellant aggrieved by a decision of the Administrative Hearing Unit may seek reconsideration of the matter in accordance with Section 13-1128 of this Code and all provisions of that Section shall apply to the disposition of the application for reconsideration. The decision of the Hearing Administrator on an application for reconsideration shall constitute the final decision of the Administrative Hearing Unit. Any party who, after having exhausted all administrative remedies available, is aggrieved by a final decision of the Administrative Hearing Unit may seek judicial review of that decision in the Circuit Court for Prince George's County, Maryland, in accordance with the Maryland Rules. The filing of a petition for judicial review does not stay an order of the Administrative Hearing Unit, unless a stay is granted by the circuit court.

Any party aggrieved by a decision of the Administrative Hearing Unit pursuant to this Division may seek judicial review of by petition to the Circuit Court for Prince George's County, Maryland. The appeal shall proceed in accordance with the provisions of Title 7 Maryland Rules of Procedure.

Notwithstanding other provisions of the Prince George's County Code, short-term rental licensing requirements within Prince George's County, Maryland shall not restrict or apply when a buyer or seller of real property enters into a Settlement Occupancy Agreement and shall be exempt from the licensing requirements set forth in this Division.

The following definitions apply in this Division: Director means the Director of Permitting, Inspections, and Enforcement or the Director's designee. Ice or roller skating rink means a facility which provides recreational skating which is not owned or operated by a governmental entity. Office means the Department of Permitting, Inspections, and Enforcement. Special event means any event conducted at an ice or roller skating rink to which the general public is invited or may attend with or without the payment of an admission fee.

No ice or roller skating rink shall operate or remain open to the general public between the hours of 1:00 A.M. and 5:00 A.M. except as otherwise allowed by this Division. A permit shall be required for any general admission skating or special event beginning or continuing after the hour of 1:00 A.M., or for any event featuring live music, or for any event other than skating, whether or not payment of a separate admission fee is required. An application shall be submitted to the Department of Permitting, Inspections, and Enforcement, on forms provided by the Department of Permitting, Inspections, and Enforcement, a minimum of ninety (90) days prior to the scheduled event, setting out the nature of the events intended to be held and the date and times of each event. The application may be for a single event or for multiple events occurring within ninety (90) days. An application fee in the amount of Fifty Dollars ($50.00) must be paid at the time any application is filed. The Director shall hold a public hearing on the application. Notice of such hearing shall be advertised in a newspaper having general circulation in the County once a week for two consecutive weeks immediately prior to the hearing. The Director may solicit comments from other agencies as he may deem necessary and may approve and issue a permit for all or any of the requested events under such terms and conditions he deems necessary to protect the health, safety, or welfare of the general public, or he may deny the permit if he finds that the proposed event will be detrimental to the public health, safety, and welfare. A permit may be renewed without a hearing in the discretion of the Director if the events in the application are substantially the same as those for which a prior permit was issued. Any person aggrieved by a decision or action of the Director with respect to approval, denial, suspension, or revocation of an application or permit shall have the right to appeal any such decision to the Board of Appeals within ten (10) calendar days after the date of such decision.

Any permit issued under this Division may be revoked, or modified at any time by the Director, after the opportunity for a hearing, for violation of the permit conditions or for any other cause which seriously threatens the health, safety or welfare of the general public.

It shall be considered a violation of this Division if: An owner, operator or lessee of an ice or roller skating rink allows general admission skating or conducts any special event in the facility beginning or continuing after the hour of 1:00 A.M., or allows any event featuring live music, or allows any event other than skating, without first obtaining a permit for that event as required by this Division; An owner, operator or lessee of an ice or roller skating rink allows general admission skating or conducts a special event in the facility beginning or continuing after 1:00 A.M., or allows any event featuring live music, or allows any event other than skating and fails to comply with all terms and conditions of any permit issued for that event.

Any violation of this Division shall be a civil offense subject to the following penalty: Each violation - $1,000.00. The procedures of Subdivision 1, Division 3, Subtitle 28 of this Code shall apply.

It is hereby declared that the County Council of Prince George's County, Maryland, has found that there has been a large increase in the number of massage establishments and similar businesses in Prince George's County, and that the unregulated proliferation of massage establishments and similar businesses facilitates the use of premises for lewd displays and prostitution, and therefore the Council declares that the licensing and regulation of massage establishments are required to protect the public health, safety, and general welfare.

For the purposes of this Division, the following phrases and words shall have the meaning assigned below except in those instances when the context clearly indicates a different meaning: Director. The Director of Permitting, Inspections, and Enforcement or the Director's duly authorized designee or agent. Erogenous area. The pubic area, breasts, penis, scrotum, vulva, perineum, or anus. Massage. Any method of treating the external parts of the human body for money consideration, present or deferred, by touching, rubbing, stroking, kneading, tapping, or vibrating with the hand, arm, foot or mouth or any instrument, but shall not include massages by duly licensed physicians, osteopaths, chiropractors, registered nurses and practical nurses operating under a physician's directions, registered speech pathologists and physical or occupational therapists who treat only patients recommended by a licensed physician and who operate only under such physician's direction; nor shall this definition include any massage by the duly employed trainer, or his assistant(s), of any professional club, college or educational institution athletic team while in the normal course of his duties; nor shall this definition include any massage by an employee of any bona fide health spa or health club, which shall, for the purpose of this ordinance, be defined as an establishment offering or providing facilities for an instruction in controlled exercise, weight lifting, calisthenics, and general physical fitness and actually occupying premises of not less than five thousand (5,000) square feet, of which not more than five (5) percent is used for massages, and whose gross income from massages is less than fifteen (15) percent of the total gross business income derived from physical fitness sales contracts at each business location; nor shall this definition include any massage of the face or neck practiced by beauticians, cosmetologists and barbers duly licensed under Titles 4 and 5, Business Occupations and Professions Article, Annotated Code of Maryland, as from time to time amended. Massage establishment. Any establishment having a fixed place of business where massages are administered for pay, including but not limited to, massage parlors, exercise clubs, spas, health clubs, sauna baths, and steam baths. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed by the State of Maryland, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck, or the shoulder. This definition shall not be construed to include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational, and athletic facilities and facilities for the welfare of the residents of the area. This definition shall not include any establishment offering or providing for instruction in and facilities for controlled exercise, weight lifting, calisthenics, and general physical fitness which is actually occupying the premises of not less than five thousand (5,000) square feet, of which not more than 5 percent (5%) is used for massages, and whose gross income from massages is less than fifteen percent (15%) of the total gross business income derived from physical fitness sales contracts at each business location. Massage technician. Any individual who administers a massage to another individual at a massage establishment. This definition shall not be construed to include a physician, surgeon, chiropractor, osteopath, physical therapist, or nurse duly licensed by the State of Maryland. Off-premises massage establishment. Any establishment engaged in arranging for massages to be given for a fee or in giving massages for a fee when such massages are not given at a massage establishment shall be considered an off-premises massage establishment. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed by the State of Maryland, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck, or the shoulder. This definition shall not be construed to include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other good faith educational, cultural, recreational, and athletic facilities for the welfare of the residents of the area. Person. Any individual, firm, partnership, corporation, company, association, or joint stock association.

No person shall engage in, conduct, or carry on a massage establishment unless an application therefor has been approved and a license issued by the Department of Permitting, Inspections, and Enforcement in compliance with this Division. Upon application, the Director of Permitting, Inspections, and Enforcement shall issue a temporary massage establishment license to any applicant who, upon the effective date of this Division, holds a valid, nonsuspended massage establishment license in Prince George's County. The temporary license shall remain in effect for a period of thirty (30) days or until issuance of the permanent license. If the application for the permanent license is denied, the temporary license shall immediately expire and be of no further force and effect. Each application for a massage establishment license shall be accompanied by an investigation fee of $250.00, no part of which shall be refundable. Said fee shall not be in lieu of, and shall be in addition to, any license fee required by this Division. Upon receipt of said application, the Director shall refer the application to the Department of Permitting, Inspections, and Enforcement, Fire Department, Police Department, Health Department, and the Prince George's County Planning Board of the Maryland-National Capital Park and Planning Commission, each of whom, within a period of thirty (30) days from the date of application, shall review records and make an inspection of the premises proposed to be used as a massage establishment and shall make a written recommendation to the Director concerning compliance with the law.

Every person conducting or engaging in business as a massage establishment shall pay an annual license fee based on the number of licensed massage technicians employed by the massage establishment as follows: A massage establishment with not more than three (3) licensed massage technicians - $1,500.00; A massage establishment with four (4) or more licensed massage technicians - $3,000.00. The license must be renewed one (1) year from the date of issue. The fee shall not be in lieu of, and shall be in addition to, any business license tax required to be paid.

Each application for a massage establishment license shall be upon a form provided by the Department of Permitting, Inspections, and Enforcement. Each such form shall contain the following information: A description of the facilities and services to be available on the premises of the proposed establishment. The location and mailing address of each applicant. The name, residence address, and home and business telephone numbers of each applicant. If the applicant is an association or a partnership, the names and residence addresses and home and business telephone numbers of each of the associates or partners. If the applicant is a corporation, it shall state the names, home and business telephone numbers and residence address of each of the officers and directors of said corporation and of each stockholder, and provide a copy of the documents establishing the corporation. If one or more of the stockholders is itself a corporation, the names and residence addresses of each of the officers and directors of that corporation and of each stockholder of that corporation holding ten percent or more of the stock of that corporation. If the applicant is an individual, all other residences of the applicant for the three (3) year period immediately prior to the application. If the applicant is an association or a partnership, the names and residence of each associate or partner for the three (3) year period immediately prior to the application. If the applicant is a corporation, all the residences for a three (3) year period of each of the officers and directors of said corporation, and of each stockholder owning more than ten percent (10%) of the stock of the corporation. If the applicant is an individual, written proof that the applicant is eighteen (18) years of age or older. If the applicant is a corporation, written proof that each of the officers and directors of said corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation is eighteen (18) years of age or older. It shall be a prerequisite to the issuance of any license that the applicant or any affiliated person be eighteen years of age. If the applicant is an individual, a complete set of the applicant's fingerprints. If the applicant is an association or partnership, a complete set of each associate's or partner's fingerprints. If the applicant is a corporation, a complete set of fingerprints of each of the officers and directors of the corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation. If one or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation, and owns thirty-three percent (33%) of the stock of the applicant corporation, a complete set of fingerprints of each of the officers and directors of said corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation. The fingerprints shall be taken by the Chief of Police, or his designee. If the applicant is an individual, the business, occupation, or employment of the applicant for the three (3) year period immediately preceding the date of the application. If the applicant is an association or partnership, the business occupation or employment of each associate or partner for the three (3) year period immediately prior to the date of the application. If the applicant is a corporation, the business, occupation or employment of each officer and director of the corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation for the three (3) year period immediately preceding the date of the application. The history of the applicant in the operation of massage establishments or any similar business or occupation, including, but not limited to, whether or not such person, in previously operating in this or another city or state under permit or license, has had such permit or license revoked or suspended and the reason therefor, and the business activity or occupation of the applicant subsequent to such action of suspension or revocation. The criminal record, if any, other than misdemeanor traffic violations, of the applicant. If the applicant is an association or partnership, the criminal record of each associate or partner. If the applicant is a corporation, the criminal record of each officer or director of the corporation and each of the stockholders owning more than ten percent (10%) of the stock of the corporation. If one or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation and owns thirty-three percent (33%) of the stock of the applicant corporation, the criminal record of each of the officers and directors of said corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation. The name of the operator or manager of the massage establishment. If the operator or manager of the massage establishment is not an applicant, then the operator or manager must provide the information required in paragraphs (1) through (9) of this Section and will be considered as an applicant for the purpose of Section 5-184.08 and as a license for the purposes of Section 5-184.18. Every applicant for a massage establishment license shall submit with their license application a copy of or verification of a license or registration issued by the State Board of Chiropractic and Massage Therapy Examiners, pursuant to Subtitle 5A of Title 3 of the Health Occupation Article of the Annotated Code of Maryland, for a massage technician employed by the massage establishment. Every applicant for a massage establishment license and every licensee shall be subject to a continuing duty to supply to the Director current information with respect to the items set forth in subsection (a) of this Section, such report to be made within fourteen (14) days of learning of any change. Failure to report a change in that information after learning of it shall be grounds for revocation of the license.

No massage technician shall administer a massage in a massage establishment nor shall any person engage in the operation or management of a massage establishment without a valid, nonsuspended license issued pursuant to this Division. Upon application, the Director shall issue a temporary massage technician license to any applicant who, upon the effective date of this Division, holds a valid, unexpired masseur's or masseuse's identification card in Prince George's County. The temporary license shall remain in effect for a period of thirty (30) days or until issuance of the permanent license. If the permanent license is denied, the temporary license shall immediately expire and shall be of no further force and effect.

Every person conducting or engaging in the administration of massage in a massage establishment or operating or managing a massage establishment shall pay an annual license fee of Two Hundred Fifty Dollars ($250.00). The license shall be renewed one year from date of issue. The fee shall not be in lieu of, and shall be in addition to, any business license tax required to be paid. The licensee must submit a certificate of a licensed physician licensed in the State of Maryland annually upon renewal of the license certifying that the licensee is free of communicable disease. Health certificates shall be valid for twelve (12) months. Any and all costs for such examination and certification shall be borne by the applicant.

Each application for an operator's or manager's massage establishment license or a massage technician license shall be upon a form provided by the Department of Permitting, Inspections, and Enforcement. Each such form shall contain the following information: The applicant's full name, residence address, and residence telephone number; The name and address of the massage establishment where the applicant is to be employed and the name of the owner of same; The names and addresses of any and all previous massage establishments where applicant has been employed as a massage technician; The criminal record, if any, other than misdemeanor traffic violations, of the applicant; Whether any license to perform as a massage technician has previously been denied the applicant or revoked and, if so, the circumstances of such denial or revocation; A complete set of the applicant's fingerprints which shall be taken by the Chief of Police or his designee; Written proof that the applicant is eighteen (18) years of age or older; Three (3) color photographs of the applicant, not greater than two inches square as determined by the Department of Permitting, Inspections, and Enforcement. One photograph shall be sealed on the license issued to a successful applicant. One photograph shall be retained in the files of the Department of Permitting, Inspections, and Enforcement and the other photograph shall be forwarded to the Police Department, which shall also maintain files for operator or manager license and applicants and licensees. Every applicant or holder of a massage technician's license shall submit with their license application a copy of or verification of a license or registration issued by the State Board of Chiropractic and Massage Therapy Examiners, pursuant to Subtitle 5A of Title 3 of the Health Occupation Article of the Annotated Code of Maryland. Every applicant or holder of a massage technician's license or massage establishment operator or manager's license shall be subject to a continuing duty to supply to the Director current information with respect to the items set forth in Subsection (a) of this Section, such report to be made within fourteen (14) days of learning of any change. Failure to report a change in that information after learning of it shall be grounds for revocation of the license.

Upon receipt of the application and fee as provided for in the preceding Sections, the Director or his designee shall make or cause to be made a thorough investigation of the applicant and corporate officers, directors, and shareholders owning more than ten percent (10%) of the capital stock, and general partners, of the applicant. The Director shall forward a copy of every application for a license under this Division to the Chief of Police, who shall make or accuse to be made a complete criminal history and personal background investigation of every applicant and all associated persons identified in the application. The Chief of Police shall report the findings of the investigation to the Director with the recommendations of the Police Department as to licensure of the applicants. The Director shall deny any application for a massage establishment license or a massage technician license under this Division if the Director finds: That the applicant, or if the applicant is a partnership or association, any partner or members thereof, or if the applicant is a corporation, any officers, directors, or shareholders owning ten percent (10%) or more of the capital stock or if one or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation and owns thirty-three percent (33%) or more stock of the applicant corporation, any officer or director of that corporation or shareholder owning ten percent (10%) or more of the capital stock of that corporation within the preceding ten (10) years have been convicted of or with respect to whom a court has accepted a plea of nolo contendere to or suffered a forfeiture or who has had the benefit of a disposition under Section 292 or Section 641, Article 27, Maryland Annotated Code, on a charge of violating any provision included in Sections 12, 15, 36, 36B, 125, 237 through 246, 286, 286A, 287, 287A, 290, 335, 335A, 342, 384, 385, 386, 387, 407 through 411, 416A through 416G, 418, 419A, 426 through 432, 461 through 465, 486, 488, 553, or 554, Article 27, Maryland Annotated Code (1976 Repl. Vol.), or any one or more of those provisions, as the same may be amended, or on a charge of violation of a similar law in any other jurisdiction, or any felony; or That the applicant, or if the applicant is a partnership or association, any partners or members thereof, or if the applicant is a corporation, any officers, directors, or shareholders owning ten percent (10%) or more of the capital stock, or if one or more of the stockholders owning more than ten percent (10%) of the applicant corporation, is itself a corporation and owns thirty-three percent (33%) or more of the stock of the applicant corporation, any officer or director of that corporation or any shareholder owning ten percent (10%) or more of the capital stock of that corporation has been convicted, or with respect to whom a court has accepted a plea of nolo contendere, or suffered a forfeiture or has had the benefit of a disposition under Section 292 or Section 641, Article 27, Maryland Annotated Code on a charge of violating any Section of this Division relating to massage establishment, or on a charge of violation of a similar law in any other jurisdiction; or That the applicant, or if the applicant is an association or partnership, any associate or partner thereof, or if the applicant is a corporation, any officer, director, or shareholder owning ten percent (10%) or more of the capital stock is under the age of eighteen (18) years; or That the applicant, or if the applicant is a partnership or association, any partner or associate thereof, or if the applicant is a corporation, any officers, directors, or shareholders owning ten percent (10%) or more of the capital stock or if one or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation and owns thirty-three percent (33%) or more of the stock of the applicant corporation, any officer or director of that corporation, or shareholder owning ten percent (10%) or more of the capital stock of that corporation made a false statement on the application. That the granting of the license is not necessary for the accommodation of the public in the community proposed as the location of the massage establishment. That the premises for which a massage establishment license is sought have not the minimum facilities required by this Division, or do not meet the minimum hygiene standards of this Division or do not comply with the Building Code, Electrical Code, Plumbing Code, Zoning Ordinance or any other law, ordinance or regulation of the United States, the State of Maryland, Prince George's County or any municipality applicable to the premises. That the person making application for a massage technician's license is unqualified by reason of lack of suitable training or experience to perform massages. Minimum qualifications for a licensed masseur or masseuse are established as follows: No person shall be employed as a masseur or masseuse or practice massage in a massage establishment unless he or she shall have received at least five hundred (500) hours training in a professional program, institution, or school accredited or approved by the American Massage and Therapy Association, a Delaware Corporation, as specified in the certificate of incorporation filed with the Secretary of State of the State of Delaware on the thirteenth day of September, 1960 at 9 o'clock A.M., or by the State of Maryland. That the person making application for a massage establishment license or a massage technician's license fails to provide with their license application a copy of or verification of a license or registration issued by the State Board of Chiropractic and Massage Therapy Examiners, pursuant to Subtitle 5A of Title 3 of the Health Occupation Article of the Annotated Code of Maryland. Before the Director shall act upon the application, the Director shall schedule and give notice of the time and place of a public hearing to consider the application. The hearing shall be conducted by a hearing examiner, who may be an attorney on the staff of the Office of Law. The Director shall notify the applicant in writing of the time and place of the hearing, not less than 14 days prior to the scheduled date. The Director shall cause a notice of the hearing to be published in two newspapers of record at least two times in two successive weeks, the last publication of which shall be not less than seven (7) nor more than thirty (30) days prior to the scheduled date of the hearing. The published notice shall specify the name of all applicants, the kind of license for which application is made, the location of the place for the massage establishment proposed to be licensed, and the time and place fixed by the Director for the hearing. The applicant shall bear the expense of publication of the notice and shall deposit with the application, either in cash or by a certified, treasurer's or cashier's check or money order made payable to Prince George's County, Maryland, the sum of $500.00 to cover publication and hearing costs. At the public hearing, the hearing examiner shall first hear the applicant in support of the application. The hearing examiner shall then hear any other person supporting the application. The hearing examiner shall then hear any person opposing the application. After the close of all evidence, the hearing examiner shall make a written report to the Director of his findings of fact and recommend action with respect to the application. The Director shall act upon the application within one hundred twenty (120) days after the public hearing. The Director shall give notice of his decision to the applicant in writing.

No license issued under this Division shall be transferable from one person or establishment to another.

A change of location of a licensed massage establishment may be approved by the Director; provided however, that all applicable provisions of the Code, including this Division are complied with and a change of location fee of One Hundred Dollars ($100.00) has been paid. A public hearing pursuant to Section 5-184.09(c) shall be required before the change of location may be approved or disapproved.

Massage establishment facilities shall be located in a proper zoning district as specified in the Zoning Ordinance, Subtitle 27, Prince George's County Code. Massage establishment facilities shall comply with all requirements of the Building Code, Subtitle 4, Prince George's County Code, as amended. Sanitary toilet facilities will be required as provided in the Mercantile Table, P1201.1 of the Basic Plumbing Code (1970). At least one separate shower will be required for each massage technician employed in the establishment at any given time. At least one (1) hand basin will be required in each room in which massages are administered. All required facilities will be located within the premises of the establishment, and for the exclusive use of the establishment. A recognizable and legible sign shall be posted at the main entrance identifying the premises as a massage establishment. Any sign shall comply with the requirements of the Zoning Ordinance, Subtitle 27, Prince George's County Code.

All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, hand basins and all other physical facilities for the massage establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, bathtubs, hand basins and toilet rooms shall be thoroughly cleaned and disinfected at least once each day the business is in operation, and more often as needed. Clean and sanitary towels and linens shall be provided for each patron of the establishment. No common or repeated use of unlaundered towels or linens shall be permitted. Cabinets for the storage of clean linen shall be required, and shall be kept clean and sanitary. No massage establishment shall serve any patron when the skin of the patron is inflamed or erupted or infested with parasites unless the patron submits a certificate from a duly licensed physician to the County Health Officer stating that such inflammation or eruption or infestation is not communicable. Every massage technician shall cleanse his or her hands thoroughly with soap and hot running water immediately before serving each patron. All facilities must be within the premises of the massage establishment and for the exclusive use of the establishment, except the drinking fountain and the service sink, which must be on the same floor. The massage establishment shall maintain a registry of all customers or patrons of the establishment. The establishment shall require every customer or patron, on every occasion when the customer or patron makes use of the facilities or services of the establishment, to present positive identification and to sign the registry, stating his residence address and telephone number.

Every person to whom a massage establishment license shall have been granted shall display said massage establishment license in a conspicuous place in the massage establishment so that it may be readily seen by persons entering the premises. Every person to whom a manager's, operator's or massage technician's license shall have been granted shall, while in a massage establishment, display in a conspicuous place in the massage establishment said massage technician license or operator or manager license. A copy of the Massage Establishment Ordinance shall be displayed in a conspicuous place in the massage establishment so that it may be readily seen and read by persons entering the premises and employees of the establishment.

The County Health Officer or his designee, the designees of the Fire Department, the Chief of Police, and the Department of Permitting, Inspections, and Enforcement are hereby authorized to enter, examine, and survey during business hours any premises in the County for which a massage establishment license has been issued pursuant to this Division for the purpose of enforcing the provisions of this Division, and for other official purposes. This Section shall not restrict or limit the right of entry vested in any law enforcement agency.

It shall be unlawful for anyone to engage in, operate, manage, conduct, or carry on a massage establishment without a valid, nonsuspended license issued pursuant to this Division. It shall be unlawful for anyone to administer a massage in a massage establishment without a valid, nonsuspended license issued pursuant to this Division. It shall be unlawful for any person, in a massage establishment, to place his or her hands upon, to touch with any part of his or her body, to fondle in any manner, or to massage, an erogenous area of any other person. It shall be unlawful for any person, in a massage establishment, to expose his or her erogenous area, or any portion thereof, to any other person. It shall also be unlawful for any person, in a massage establishment, to expose the erogenous area, or any portion thereof, of any other person. It shall be unlawful for any person, while in the presence of any other person in a massage establishment, to fail to conceal with a fully opaque covering, the erogenous area of his or her body. It shall be unlawful for any person in a massage establishment or in a health club or health spa to give or administer a massage to any other person of the opposite sex. It shall be unlawful for any person to administer a massage in any place other than a licensed massage establishment, except as provided otherwise herein. It shall be unlawful for any person owning, operating or managing a massage establishment, to cause, allow, or permit in or about such massage establishment, any agent, employee, or any other person permitted or invited upon the premises to perform any act prohibited in Subsections (a), (b), (c), (d), (f) or (g) of this Section. It shall be unlawful to own, operate, or manage an off-premises massage establishment.

Any person violating the provisions of this Division shall be punished as provided in Section 1-123 of this Code.

Any massage establishment license or massage technician license or massage establishment operator or manager license granted under this Division shall be denied or revoked by the Director after notice and hearing if the licensee, or if the licensee is a partnership or association, any partner or member thereof, or if the licensee is a corporation, any officer, director, or shareholder owning ten percent (10%) or more of its capital stock: Has been convicted of or with respect to whom a court has accepted a plea of nolo contendere to or has had the benefit of a disposition under Section 292 or Section 641, Article 27, Maryland Annotated Code or similar legislation in another jurisdiction or suffered a forfeiture, on a charge of violating any provision included in Sections 15, 286, 286A, 287, 287A, 290, 335, 225A, 416A through 416G, 418, 419A, 426 through 432, 461 through 465, 553, or 554, Article 27, Maryland Annotated Code (1976 Repl. Vol.), or any one or more of those provisions as the same may be amended, or on a charge of violation of a similar law in any other jurisdiction, or any felony; or Has been convicted, or with respect to whom a court has accepted a plea of nolo contendere or has had the benefit of a disposition under Section 641, Article 27, Maryland Annotated Code or similar legislation in another jurisdiction, or suffered a forfeiture, on a charge of violating any provision of this Division relating to massage establishments, or on a charge of violating a similar law in any other jurisdiction; or Made a false statement of the application; or Has failed to report a change in any of the information required by Section 5-184.05(a) or Section 5-184.08(a) within fourteen (14) days of learning of said change; or Has violated any provision of Section 5-184.16 relating to unlawful acts, as determined by the Director, upon the evidence adduced at a hearing before the Director or his designee to consider any proposed revocation of a massage establishment license under this Section. Notice of the hearing before the Director or his designee for revocation of the license shall be given in writing, setting forth the grounds of the complaint and the time and place of hearing. Such notice shall be mailed by certified mail to the licensee's last known address at least ten (10) days prior to the date set for hearing. If the Director finds that the massage establishment for which the massage establishment license was issued or the massage technician or massage establishment operator or manager to whom the massage technician or massage establishment operator or manager license was issued does not conform to the standards set forth in Subdivision 3 of this Division, or that the licensee has refused the Director or other authorized person the right to enter the premises or to examine the person of the massage technician or massage establishment operator or manager to enforce the provisions of this Division, the Director may enter an order for the immediate suspension of the massage establishment license or the massage technician license or massage establishment operator or manager until such time as he finds that the reason for such suspension no longer exists. A copy of the order shall be sent to the licensee at his place of business by certified mail, which order shall set forth the reasons for said suspension. The licensee shall be afforded an opportunity to be heard by the Director or his designee within fourteen (14) days after the suspension. Notice of the hearing shall be mailed by certified mail to the licensee's business at least ten (10) days prior to the date set for hearing. No person shall operate a massage establishment or perform a massage when subject to an order of suspension. Any massage establishment license granted under this Division shall be suspended by the Director for six (6) months if more than two (2) incidents resulting in convictions of or pleas of nolo contendere to or dispositions under Section 292 or 641, Article 27, Maryland Annotated Code, for any violation of any provision of this Division or of any provision included in Sections 15, 286, 286A, 287, 287A, 290, 335, 335A, 416A through 416G, 418, 419A, 426 through 432, 461 through 465, 553, 554, 12, 36, 36B, 125, 237 through 246, 342, 384, 385, 386, 387, 407 through 411, 486 or 488, Article 27, Maryland Annotated Code (1976 Repl. Vol.), or any one or more of those provisions, as the same may be amended, by any person or persons whosoever, shall have occurred on the premises of the massage establishment within one twelve (12) month period. The licensee shall receive notices of such suspension and shall be entitled to a hearing before the Director. The notice shall be given in writing, shall set forth the grounds for the suspension, and shall state the time and place of the hearing. Such notice shall be mailed by certified mail to the licensee's last known address at least ten (10) days prior to the date set for the hearing. In addition to and not in lieu of the penalties prescribed in Section 5-184.17 and the enforcement measures provided in Subsections (a), (b), (c), (e), or (f) of this Section, the County, by the Office of Law may enforce this Division by actions for appropriate legal and equitable relief in the Circuit Court for Prince George's County, Maryland, including, but not limited to, actions for mandatory or prohibitory injunctions to require compliance with this Division. In addition to or in lieu of the enforcement measures prescribed in Subsections (a), (b), (c), and (d) of this Section, the Director may assess and require the payment of civil penalties by permittees as follows: SECTION VIOLATED PENALTY 5-184.13(a) $200.00 5-184.13(b) $150.00 5-184.13(c) $125.00 5-184.14(a) $120.00 5-184.14(b) $120.00 5-184.14(c) $120.00 5-184.15 $500.00

The Director or his designee, with the assistance of the Police Department, if necessary, is authorized and empowered to take any measures reasonably necessary to effect the closing or otherwise prevent the operation of any business or establishment which the Director finds to operate or conduct business in violation of this Division: When the Director, after notice and opportunity for hearing, has made an order suspending or revoking a massage establishment license; or When the Director determines that a business is a massage establishment required to be licensed, gives notice of that order or determination and directs the business to comply with this Division, and the business or its owners or principals fails to comply. The Director, without limitation, may take the following measures: Lock or secure the premises of the establishment or business or otherwise deny entry thereto; Seize the premises of the establishment and its furniture, equipment, books, and records; Order the premises to be vacated and post therein and on the exterior thereof notices that the business is closed by order of the Director and that no person is to enter the premises without permission of the Director or the Chief of Police.

The Director or his designee shall at regular intervals inspect the premises of every massage establishment and other business offering or performing massages to determine that it is operated in compliance with this Division. If a properly identified inspector or officer is denied entry to any massage establishment or other business at any reasonable time, the Director shall immediately suspend the license of the massage establishment or the use and occupancy permit of the business, give notice of the suspension, take steps to effect the closing of the establishment or business, and forthwith hold a hearing before the Director or his designee to determine whether the license or use and occupancy permit should be reinstated, permanently revoked, or continue to be suspended, as the Director may determine to be appropriate. The Director or his designee may request the Director of Finance or his designee to inspect and audit the financial books and records of all massage establishments and of all businesses which perform massages, without regard to whether the business is required to be licensed pursuant to this Division, to determine the continuing compliance of all businesses offering or performing massages with the provisions of this Division. The Director or his designee shall give written notice of the Department's intent to inspect books and records to the massage establishment or other business. The notice shall state the date, time and place of the audit. The massage establishment or other business shall produce its books and records at that time and place. If the massage establishment or other business or its owners or principals unreasonably refuse or fail to produce the books and records after notice, the Director shall immediately suspend the license of the massage establishment or the use and occupancy permit of the business, give notice of the suspension, take steps to effect the closing of the establishment or business, and forthwith hold a hearing, upon due notice before the Director or his designee, to determine whether the license or use and occupancy permit should be reinstated, permanently revoked, or continue suspended, as the Director may determine to be appropriate. Every massage establishment licensee shall prepare and submit to the Director annually with his application for license renewal a certified financial statement, including a statement of income by sources and a statement of financial condition with respect to the licensed establishment for the year prior to the date upon which the licensee submits his application for license renewal. Every massage establishment and every establishment which offers to perform or performs massages as defined in Section 5-184.02, shall maintain complete and accurate books and records of the income of the establishment and the income of any persons who offer to render or render services within that establishment, setting out with simplicity the items of services or goods which generate the income of the establishment or the income of persons associated with the establishment.

Any person aggrieved by an act or determination of the Director pursuant to this Division, including, but not limited to, suspension or revocation of any license, or a determination that a business is a massage establishment required to be licensed, may appeal such act or determination to the Prince George's County Board of Administrative Appeals within ten (10) calendar days after receipt of notice of the act or determination of the Director. When the Director has conducted a hearing and issued an order, the Board of Administrative Appeals shall review the record of the proceedings before the Director. The Board may reverse, modify or remand the decision of the Director only if the decision of the Director is clearly erroneous, or arbitrary and capricious, or unsupported by any substantial evidence.

Any party aggrieved by a decision of the Board of Appeals pursuant to Section 5-184.20 herein may appeal that decision to the Circuit Court for Prince George's County, Maryland. The appeal shall proceed in accordance with the provisions of Chapter 1100, Subtitle B, Maryland Rules of Procedure.

The County Council of Prince George's County, Maryland declares that the operation of massage establishments in violation of this Division causes and threatens real and substantial injury to the public health, safety, welfare and morals and that the operation of massage establishments in violation of the provisions of this Division constitutes a public nuisance. In addition to the other remedies prescribed in this Division, the County, by the Office of Law, may bring equitable actions to abate such public nuisances.

No person shall conduct a drag strip, motorcycle race, automobile race or like operation to which the public is invited or admitted, with or without charge for such admission, without first obtaining a written permit from the Department of Permitting, Inspections, and Enforcement.

Any person desiring a permit under this Division shall submit, in triplicate, an application to the Department of Permitting, Inspections, and Enforcement, signed by the owner of the property, setting out the events intended to be held, the dates of each event and the capacity of the public to be served. Such person shall submit a plat of the property along with a map setting out the street location and indicating on the plat the nearest buildings. The cost of the permit shall be One Dollar ($1.00) for each day of the year that the permittee intends to hold an event, or the permittee may pay an annual fee of Fifty Dollars ($50.00).

The Department of Permitting, Inspections, and Enforcement shall hold a public hearing on the application prior to its approval. In such event the notice of such hearing shall be advertised in a newspaper having general circulation in the County once a week for two (2) consecutive weeks immediately prior to the hearing. The applicant shall pay the costs of advertising for such public hearing. The Department of Permitting, Inspections, and Enforcement may approve and issue such permit, unless it finds that the proposed use of the property will cause a traffic problem detrimental to the use of the general public or that the noise created by the event is an unreasonable invasion on the adjoining property owners, or for other reason that might jeopardize the health, safety or welfare of the area or the County.

The permit issued pursuant to this Division shall be valid for a period of one (1) year from issuance and may be renewed without a public hearing from year to year upon the payment of a fee of One Dollar ($1.00) for each event to be held during the year or the annual fee of Fifty Dollars ($50.00). No application shall be filed or considered for a particular location under this Division for a period of one (1) year from the date the original application was denied by the Department of Permitting, Inspections, and Enforcement.

No person, his agents or employees, shall sell, barter or trade or offer or expose for sale, barter or trade in or upon any street or highway in the County, or go from house to house, either on foot, or with a horse or other beast of burden, or with a wagon, or motor vehicle, or other conveyance whatsoever, upon the streets or highways in the County, selling, bartering or trading or offering to sell, barter or trade, or shall sell, barter or trade or offer to sell, barter or trade at or from any roadside stand or roadside market upon any street or highway in the County, any produce, products or merchandise whatsoever without each such person having previously obtained a license from the Department of Permitting, Inspections, and Enforcement. No person, his agents or employees, shall sell, barter or trade or offer or expose for sale, barter or trade in or upon the premises of the Professional NFL Stadium (the "NFL Stadium"), or a radius within two (2) miles of the middle of the fifty (50) yard line thereof (the "NFL Stadium Event Zone"), any products or merchandise relating to an event held at the NFL Stadium whatsoever without each person having previously obtained a license from the Department of Permitting, Inspections, and Enforcement. There shall be a category of licenses called NFL Stadium Event Licenses specifically established for the vending of goods, tickets, parking passes, products and merchandise relating to events authorized and conducted at the NFL Stadium and in the NFL Stadium Enterprise Zone. NFL Stadium Event Licenses may be issued by the Director upon application of an approved event operator and may be granted individually or in multiple allotments, and for such duration not exceeding one (1) year as the Director in his sound discretion from time to time shall agree. Licenses issued pursuant to this Subsection shall conform to the requirements in Subsection (c) and shall be exempt from the requirements of Subsection (d). Licenses issued in multiple allotments may be distributed by the applicant to its agents and employees provided, however, that the applicant shall maintain a list in a form acceptable to the Director of all persons to whom such licenses are provided. Payment for such license shall be made to the Office of Finance. The license shall contain a 2" × 2" recent and clear photograph showing the head and shoulders of the licensee, a physical description of the licensee and the purpose for which the license was issued. The license shall be laminated and shall be worn by the licensee in such a manner as to be clearly visible to all. A mobile vendor shall display a mobile vendor license decal provided by the Director on both the driver and passenger sides of the vehicle used for vending. The license shall expire one (1) year from the date of issuance, except as provided in (g), below. The Director may refuse to issue a license upon application where the Director finds after reasonable investigation, that the applicant has had a license revoked within the past three (3) years or is not of good moral character pursuant to the criteria set out in Section 5-204 of this Code. No license shall be issued after January 1, 1997, to any hawker, peddler, or itinerant vendor unless: The application is for the renewal of an existing license; or The application is for the issuance or renewal of a license for a mobile vendor as defined in Subsection (h). Except as provided in Subsections (b) and (f), all licenses shall expire on January 1, 1999, and no new licenses shall be issued after that date. In this Division, "Mobile Vendor" means a person who predominantly sells: pre-prepared and prewrapped ice cream, ice cream products, or other frozen novelties, fresh fruit, or sealed single-serving containers of soft drinks, juice, or other nonalcoholic beverages from a motor vehicle operating with a National Sanitation Foundation approved cold plate freezer system temporarily stopped in the right-of-way; or pre-packaged groceries including but not limited to: dry goods, pantry staples, fresh fruits and vegetables (pre-packed or not), dairy products, proteins, prepacked and uncooked meats from a mobile food service facility or producer mobile farmer's market unit approved and inspected by the State or County Department of Health and affiliated with an entity providing mobile grocery options in targeted areas of the County.

For licenses issued under this Division to hawkers, peddlers or itinerant vendors in the County, the fee shall be as prescribed in the Table of Fees, section 2-253.63, Attachment A. This fee shall be collected by the Director of Finance. The fee for duplicate licenses issued under this Division shall be as prescribed in the Table of Fees, section 2-253.63, Attachment A and such fee shall be collected by the Director of Finance.

Application for a vendor's license shall be made upon a form prescribed by the Director of Permitting, Inspections, and Enforcement. In addition to such other information as the Director may reasonably deem necessary for purposes of the implementation, administration and enforcement of this Division, the application shall state or be accompanied by the following: The name, local and permanent address, age, weight, height, color of hair and eyes, and any other distinguishing physical characteristics of the applicant; The nature of the goods, wares, services, and/or merchandise to be offered for sale; The name and address of the applicant's employer and/or organization, if applicable; Two prints of a recent and clear photograph, 2" × 2" in size, showing the head and shoulders of the applicant; If a vehicle is to be used, a description of the same, together with the license tag number and the State in which the vehicle is registered; A statement as to whether the applicant has ever been convicted of a felony or misdemeanor, and; if so, the nature of the offense, when and where convicted, and the penalty or punishment imposed therefor; The names of at least two (2) references, unrelated to the applicant, who will certify as to the applicant's good character and business responsibility; and The name and address of a person resident in the County designated by the applicant as authorized to accept all lawful processes in any action or proceeding instituted, filed, or pending against the applicant with respect to the application of any provisions of this Division. For a mobile vendor license under Section 5-190(h)(2), a description of the areas in the County targeted for mobile food vending. Targeted areas shall include Healthy Food Priority Areas as designated on the Prince George's County Healthy Food Priority Area Map and any other authorized food truck locations under the County Code. Every application shall be signed and certified that the information given thereon is true and correct. The signature shall be that of the applicant.

Food Service Facility - Mobile Unit means a licensed, motorized vehicle or mobile food unit which is permitted public vending in certain locations or at a one-time event under Section 12-115(d)(5) where food items are sold to the general public, thereby regulated by the Code of Maryland Regulations (COMAR 10.15.03) as they may be amended from time to time and adopted by reference in Section 12-102 as the County regulations governing food service facilities. With permission from a person authorized to enter into an agreement on behalf of the property owner or property manager, Mobile Units are allowed vending in/or on the following locations, properties and/ or parcels: Office Parks and Business Parks; Industrial Areas, Industrial and Employment Parks; Commercial Areas and Retail Shopping Centers; Faith-Based Organizations, Membership Pools and Non-Profit Organizations; Agritourism facilities that provide adequate running potable water and sewage disposal (Wineries, Farms, Orchards, and similar entities open to the public); Properties of craft food and beverage facilities, including Breweries and other craft beverage facilities; Properties on, at or adjacent to Food Halls, Food Markets, Farmer's Markets, and other temporary food-associated venues open to the public; Active construction sites; County, State or Federal properties with public employment or public access; Golf Courses; or Dog Parks, that do not require food trucks to park on a public right-of-way.

It shall be unlawful for any person, firm or corporation, by its officers, agents or employees, to sell or to attempt to sell goods, wares or merchandise of any description to, or to solicit or accept any donation from, or to distribute printed matter or materials of any description to, any occupant of a motor vehicle when said motor vehicle is in a roadway, as defined under the Transportation Article of the Annotated Code of Maryland. Notwithstanding any other provision of this Division, it shall be unlawful for any hawker, peddler, roadside vendor, huckster, itinerant vendor, or any other person to sell, attempt to sell, or display for sale any goods, wares, merchandise, or other items of any description while upon the right-of-way, or from a vehicle upon the right-of-way except for the following: Automotive equipment to the owner or occupant of a vehicle disabled in a roadside emergency; Live or cut flowers, plants, artificial flowers (and including crosses or other adornments for graveside use); Fruits, vegetables, or other agricultural products; Baked goods; Fish or shellfish; Any meat or meat product, cooked and offered for immediate consumption; Gum or candy; chips or other edible goods offered in individual servings for immediate consumption; Individual cans, bottles, or other single serving containers of soft drinks, juice, or other nonalcoholic beverages; Ice cream, ice cream products, or other frozen novelties. Goods licensed for sale pursuant to a Stadium Event License along roadways appurtenant to parking lots at the Stadium. It shall be unlawful for any hawker, peddler, roadside vendor, huckster, itinerant vendor, or any other person to sell, attempt to sell, or display for sale any goods, wares, merchandise, or other items of any description, with the exception of (b)(1), above, while upon the right-of-way of a road designated a "Gateway Road" by resolution of the County Council. It shall be unlawful for any hawker or peddler to park on public rights-of-way to sell, or attempt to sell goods, wares, or merchandise of any description from a motor vehicle, vehicle or stand when: Within one hundred (100) yards of an intersection of two roads. Within one hundred (100) yards of the vehicular entrance to or exit from a public school. Within one hundred (100) yards of a vehicular entrance to or exit from a shopping center as defined in the Zoning Ordinance of Prince George's County, or entrance to or exit from said shopping center's parking lot. It shall be unlawful for any mobile vendor to park on public rights-of-way to sell, or attempt to sell, goods, wares, or merchandise of any description from a motor vehicle, vehicle, or stand when: Within twenty-five (25) feet of an intersection of two roads; Within one hundred (100) yards of the vehicular entrance to or exit from a public school; Within one hundred (100) yards of a vehicular entrance to or exit from a shopping center as defined in the Zoning Ordinance of Prince George's County, or entrance to or exit from said shopping center's parking lot. It shall be unlawful for any hawker, peddler, or itinerant vendor to sell or offer for sale on a public right-of-way any goods, wares, or merchandise which are displayed separately and apart from his parked motor vehicle or vehicle except for those items described in Subsection (b), above. It shall be unlawful for any mobile vendor to park on public rights-of-way to sell, or attempt to sell, goods, wares, or merchandise of any description from a motor vehicle except: While remaining in the motor vehicle with the motor running and emergency flasher light operating; and For a period of less than ten minutes. Any person who violates the provisions of Subsections (a), (b), (c), (d), (e), or (f) of this Section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be subject to a fine of not less than Two Hundred and Fifty Dollars ($250.00), for the first offense; Five Hundred Dollars ($500.00), for the second offense; Seven Hundred and Fifty Dollars ($750.00), for the third offense; and Seven Hundred and Fifty Dollars ($750.00), for each subsequent offense.

In addition to Section 5-193.01 it shall be unlawful for any hawker or peddler to solicit, sell, or display to minors any of the following items: Any item which is prohibited by Federal, State, County, or municipal laws to be sold or displayed to minors. Any item or items which the vendor knows or should know will be used for illegal purposes. Any item which can reasonably be expected to be used for inhaling, smoking, or administering drugs into the body shall be presumed to be an item to be used for an illegal purpose. It shall be unlawful for any hawker or peddler to solicit or sell to minors any item before the hour of 10:00 A.M. on any day that public schools are in session. Any person who violates the provisions of Subsection (a) of this Section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be subject to a fine of not less than Two Hundred and Fifty Dollars ($250.00) nor more than Seven Hundred and Fifty Dollars ($750.00).

A license issued under the provisions of this Division may be revoked for any of the following reasons: The violation of or failure to pay any assessed fine for any violation of the provisions of this Division; or Upon the conviction of any crime which is a violation of this Division or is a basis for denial of a license as set forth in Section 5-190; or The licensed food service facility - mobile unit fails the inspection by the Health Department pursuant to Section 12-112. Nothing in this Division shall prohibit the County from taking any other enforcement action provided by the County Code, County Zoning Ordinance, and/or the laws of this State or laws of the United States. Prior to the revocation of a license, a written notice shall be given to the licensee, by mail to the address set forth in the license application or the licensee's last known address, setting forth the basis of the revocation and a date, time, and place where a hearing will be held thereon. Any person whose license is revoked may appeal the decision of the Director to the Board of Administrative Appeals for Prince George's County within ten (10) calendar days after the date of such decision.

Any person who shall sell, barter, or trade or offer or expose for sale, barter or trade in or upon any street or highway in the County, or go from house to house, either on foot, or with a horse or other beast of burden, or with a wagon, or motor vehicle, or other conveyance whatsoever, upon the streets or highways in the County selling, bartering or trading or offering to sell, barter or trade, or from any roadside stand or roadside market upon any street or highway in the County, any items except those expressly permitted by Section 5-193.01(b)(1) who operates in violation of this Subtitle, or who knowingly directs or authorizes another person as an agent to do so, shall, upon citation issued by the Director of Permitting, Inspections, and Enforcement or police officer, be deemed to have committed a violation of this Subtitle and shall pay the County a monetary fine of Two Hundred Dollars ($200.00) for each violation. Each separate day the violation remains uncorrected is a separate and distinct violation subject to an additional citation and fine. Fines for violations within the NFL Stadium Event Zone on the day of an approved event or the twenty-four (24) hour period preceding same shall be subject to a monetary fine of Two Hundred Dollars ($200.00) for each violation. The Department of Permitting, Inspections, and Enforcement shall deliver or mail a citation to the responsible party(ies). The citation shall serve as the notification to the person that he has committed a civil violation and that he has been assessed a monetary fine, the nonpayment of which, in the absence of a successful appeal, shall result, where applicable, in the immediate revocation of the person's license. A person who receives a citation may file with the Director a written notice of request for a hearing on the citation within five (5) days of the issuance of the citation. The Director shall render a decision within thirty (30) days of the hearing based upon the record compiled.

Any person selling or displaying goods in violation of this Division shall immediately desist from such sale or display and remove the goods and all equipment used for the sale, display, or storage of such goods from the right-of-way and surrounding vicinity upon the direction of a police officer or a representative of the Department of Permitting, Inspections, and Enforcement. If the person fails to obey said direction or thereafter sells or displays such goods in violation of this Division, the equipment and goods shall be removed by a police officer or department representative and taken to a designated County facility. A violator shall also be subject to applicable criminal sanctions for refusing to obey the lawful directions of a police officer. Goods and equipment removed pursuant to this provision may be claimed by their owner on the next business day or within 15 days thereafter upon payment of any assessed storage fees and any fine which has not been appealed pursuant to this Division. Any goods or equipment not claimed by the owner within 15 days shall be deemed abandoned and shall become the property of the County to be disposed of in accordance with law. The County shall have no responsibility to preserve or protect any equipment or goods removed under this Section.

No person shall hold any picnic, dance, soiree, or other entertainment out of doors in the County, to which the general public are admitted, without having first obtained a permit or license from the Department of Permitting, Inspections, and Enforcement.

The Department of Permitting, Inspections, and Enforcement shall, subject to the approval of the County Council, issue licenses and prescribe reasonable rules and regulations in connection with any license issued under Section 5-194 as may seem right and proper and require the payment of reasonable fees therefor.

Any person, who shall violate any of the provisions of this Division shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than Twenty-five Dollars ($25.00) for each offense.

The purpose and intent of this legislation is to regulate dance hall premises, licensee, owner, lessor, operator, manager, promoter and patron by establishing license requirements and penalties for violators by repealing and reenacting with amendments relevant provisions of the County Code to establish reasonable and uniform laws to promote the health, safety, and welfare of the citizens and residents of the County and to prevent or control detrimental effects upon neighboring properties and existing and proposed land uses in the general area. The provisions of this law are in response to violent crimes taking place in or in close proximity to adult dance halls or teen dance halls throughout the County. The provisions of the Prince George's County Code have neither the purpose nor effect of imposing a limitation or restriction on legal conduct. Banquet hall and catering establishment business uses that were: (1) validly operating as of June 1, 2017; (2) is located on a site with a total land area of at least eight (8) acres and is split-zoned with a partial zoning classification within the C-M (Commercial Miscellaneous) Zone, or IS LOCATED on property consisting of at least fifty (50) acres in the R-A (Residential Agricultural) Zone where the use was developed as part of a phased, planned development of a religious institution campus; and (3) with a valid, current Class B ("BCE") license issued by the Board of License Commissioners for Prince George's County pursuant to Title 26 of the Alcoholic Beverages Article, Annotated Code of Maryland, shall be exempt from the licensing requirements set forth in this Division.

The following words, as used in this Division, shall for the purpose of this Division, have the meanings respectively ascribed to them in this Section: Administrative Board shall mean the entity that conducts an administrative hearing comprised of the Director of Permitting, Inspections, and Enforcement or their designee, the Chief of Police or their designee, and the Chief of the Fire/EMS Department or their designee. Adult dance hall shall be construed to mean any road house, restaurant, lunchroom, cafe, inn, hotel, nightclub, club or any establishment or premises for persons twenty-one years of age or older where public dancing is permitted for profit. An owner, lessor, operator, manager, promoter or licensee of an adult dance hall may not allow an individual who is under the age of twenty-one years on the premises for which the permit is issued, unless the individual is employed by or is an immediate family member of the owner, lessor, operator, manager, promoter or licensee. Director shall mean the Director of Permitting, Inspections, and Enforcement or the Director's designee, unless otherwise specified. Police Department shall mean the Prince George's County Police Department. Police Chief shall mean the Chief of the Prince George's County Police Department. Police Officer shall mean a sworn member of the Prince George's County Police Department. Private club shall mean an establishment providing facilities for entertainment or recreation for only bona fide members and guests, and not operated for profit nor generally open to the public. Promoter shall mean a person or a business that makes arrangements for events for or not for profit. Public dance shall mean an event to which the general public is invited, with or without an admission fee, at which live or recorded music is played; attendees are allowed or encouraged to dance; and the purpose or goal of the event is to make a profit for the lessee, operator, manager, licensee, holder, owner, promoter, person in charge or person in apparent charge of the event. A public dance is not a benefit performance as defined under Subtitle 5, Division 2, of this Code. Public nuisance shall be construed to mean anything that endangers life or health, obstructs the quiet enjoyment and reasonable use of the property of persons in a particular area. Teen Dance Hall shall be construed to mean any road house, restaurant, lunchroom, cafe, inn, hotel, nightclub, club or any establishment or premises for persons under twenty-one years of age where public dancing is permitted for profit. An owner, lessor, operator, manager, promoter or licensee of a teen dance hall may not allow an individual who is under the age of eighteen years on the premises for which the permit is issued, unless the individual is employed by or is an immediate family member of the owner, lessor, operator, manager, promoter or licensee. A teen dance hall may not serve alcohol nor allow persons to bring alcohol onto the premises or into the venue.

It is unlawful for any person to maintain or operate a dance hall without first obtaining a license from the Department of Permitting, Inspections, and Enforcement. It is unlawful to operate a public dance in any place other than a licensed adult dance hall or teen dance hall. The nonrefundable annual license fee for adult dance halls shall be as prescribed in the Table of Fees, section 2-253.63, Attachment A. The nonrefundable annual license fee for teen dance halls shall be as prescribed in the Table of Fees, section 2-253.63, Attachment A. The County Council finds that the license fee established for adult dance halls and teen dance halls in this ordinance is based on the estimated cost of implementation, administration, and enforcement of the licensing program. The adult dance hall and teen dance hall license shall be applied for annually. The County Police Department shall conduct background investigations of all persons seeking to obtain an initial license or renewal license to maintain or operate an adult dance hall or teen dance hall. An application shall be denied if persons seeking to obtain a license have been convicted of a felony, violating any Federal or State laws relating to offenses involving moral turpitude, or crimes involving financial misrepresentations. No license issued under this Division shall be transferred or assigned to any person other than the person and or establishment to whom it was issued. The Director of the Department of Permitting, Inspections, and Enforcement, before issuing or renewing a license, shall require documentation of bodily injury liability insurance, property damage liability insurance, or the equivalent self-insurance. The applicant shall provide proof of insurance prior to the issuance of a license. Said bodily injury liability insurance, property damage liability insurance, or the equivalent self-insurance, shall be commensurate with the mandatory minimum required by law for the establishment. If, during the period for which a license is issued, there is any change in the factual information furnished by the licensee to the Department of Permitting, Inspections, and Enforcement under Section 5-198 or Section 5-199 of this Division, such change shall be fully, truly, and promptly communicated by the licensee to the Director of Permitting, Inspections, and Enforcement in writing, within 30 calendar days of the change, upon a form provided by the Director of Permitting, Inspections, and Enforcement for that purpose.

Before any license shall be granted under the provisions of this Division, applications shall be made in writing to the Department of Permitting, Inspections, and Enforcement on forms provided by the Department of Permitting, Inspections, and Enforcement. Copies shall be transmitted by the Department of Permitting, Inspections, and Enforcement to the Police Department and the Fire/EMS Department. Before any application for an initial license or renewal shall be granted for a proposed adult dance hall or teen dance hall to be located inside of or within one-half mile of the boundaries of an incorporated municipality, the Director of the Department of Permitting, Inspections, and Enforcement or their designee shall notify the governing body of the municipality of the pending application within fourteen (14) days of receipt of the application. The municipality shall have forty-five (45) calendar days for review, comment, and to hold a public hearing at the option of the municipality. If the proposed adult dance hall or teen dance hall lies within a municipality and is also within one-half mile of one or more other municipalities, the public hearing may only be held by the municipality within which the proposed adult dance hall or teen dance hall is located, with notice given to any affected municipality. If the proposed adult dance hall or teen dance hall is to be located within an unincorporated area, but is within one-half mile of two or more municipalities, the affected municipalities may hold a joint public hearing at their option. The municipality(ies) may recommend denial of the license after conducting a public hearing, upon a finding that the grant of the license would pose a threat to the peace and safety of the surrounding area or adversely affect the public health, safety, or welfare. If the municipality(ies) recommends denial, such license shall not be granted. The cost of any public hearing held by a municipality shall be borne by the applicant. Before any application for an initial license or renewal shall be granted for a proposed adult dance hall or teen dance hall, the applicant shall not be in violation of any licensing provision of the Prince George's County Code. Before any application for an initial license or renewal shall be granted for a proposed adult dance hall or teen dance hall, a security plan shall be submitted for review and approval of the Department of Permitting, Inspections, and Enforcement, the Police Department and the Fire/EMS Department. A security plan shall be employed on the property owned or in control of by the licensee, owner, lessor, operator, promoter, person in charge or a person in apparent charge of the establishment and/or the property. The County approved security plan shall be employed at all times when the premises are used as an adult dance hall or teen dance hall. Security Plan shall mean a document prepared under the direction of the applicant which minimally includes but is not limited to: A plan for operable and recordable, indoor and outdoor, security surveillance cameras. A parking plan. A vehicular traffic flow management plan. A lighting plan for the establishment and premises to include the parking lot(s) and all other portions of the premises within 1,000 feet of an adult dance hall or teen dance hall. A life safety and evacuation plan prepared by a certified fire protection engineer, if the calculated occupant load exceeds two hundred and fifty persons. A staffing plan for services provided which includes security staffing levels and responsibilities. Such property includes, but is not limited to parking lots and areas within 1,000 feet of the adult dance hall or a teen dance hall. State or County certified private security officers wearing uniforms and bearing an identification card or sworn off duty police officers shall patrol the premises to include the outer perimeter of an adult dance hall and teen dance hall covering areas such as parking lots and areas within 1,000 feet of the establishment. Public safety officers shall be granted a right of entry anytime during an event to ensure Code compliance. Any party, including owners, lessors, operators, promoters, or persons in charge of or having apparent authority of an adult dance hall or teen dance hall, upon being issued a violation, shall have the right to request an administrative hearing comprised of the Director of the Department of Permitting, Inspections, and Enforcement or their designee, the Chief of the Police Department or their designee, and the Fire/EMS Department or their designee, the Administrative Board, within 72 hours of the violation issuance. The Department of Permitting, Inspections, and Enforcement, the Police Department, and the Fire/EMS Department shall be authorized to temporarily or permanently suspend or revoke a license upon issuance of a violation pending an administrative hearing and any judicial appeal. Any party aggrieved by the suspension or revocation of a license by the Administrative Board shall have the right to appeal to the Circuit Court. The enforcement action shall continue or terminate according to the determination of the Administrative Board. The Department of Environmental Services, the Police Department and the Fire/EMS Department shall establish policies, rules, and procedures to implement this ordinance. Notwithstanding Sections 5-200(b)(c) (d) and (e) and 5-200.01, when the Department of Permitting, Inspections, and Enforcement, the Police Department or the Fire/EMS Department determines that a violation of Section 5-200 or Section 5-200.01 has occurred with respect to the use of any building, structure, or land, or there is a failure to obtain a use and occupancy permit, or when a use and occupancy permit has been issued, or it is being used for another purpose or when this ordinance has been violated, the Director of the Department of Permitting, Inspections, and Enforcement or their designee, the Chief of the Police Department or their designee, or the Chief of the Fire/EMS Department or their designee is authorized to suspend or revoke a license. The Director of the Department of Permitting, Inspections, and Enforcement or their designee, the Chief of the Police Department or their designee and the Chief of the Fire/EMS Department or their designee are authorized to direct the Department of Permitting, Inspections, and Enforcement, the Police Department or the Fire/Emergency Medical Services Department, respectively, to issue a written violation notice directing that the violation cease and that all activities in the building, structure, and on the land cease pending a hearing before the Administrative Board in accordance with Section 5-200 and 5-200.01. The Director of Permitting, Inspections, and Enforcement or their designee, the Chief of the Police Department or their designee, or the Chief of the Fire/EMS Department or their designee shall provide the written violation notice, issued pursuant to Section 5-200 and/or 5-200.01, to one or more of the following: the licensee, owner, lessor, operators, promoters, or persons in charge of or in apparent charge of an adult dance hall or teen dance hall. In the event that no person or no person representing entities set forth in this Section are present or any person or any person representing entities set forth in this Section flees when the activity or activities take place and the written violation notice is being issued, the written violation notice shall be posted on the building, structure or on the land in which or upon which the activity or activities took place, directing that the violation cease and that all activities in the building, structure, or on the land cease pending a hearing before the Administrative Board. Posting of the issued written notice shall be deemed to be constructive notice to the licensee, owner, lessor, operators, promoters, or persons in charge of an adult dance hall or teen dance hall. For violations of Section 5-200 and/or 5-200.01, the licensee, owner, lessor, operators, promoters, or persons in charge or in apparent charge of an adult dance hall or teen dance hall may request an administrative hearing in writing within 72 hours of the violation notice before the Administrative Board. The Administrative Board shall commence an administrative hearing within two days following receipt of the request for a hearing. The Administrative Board shall provide a hearing on the record. The enforcement action of the Department of Permitting, Inspections, and Enforcement, the Police Department or the Fire/EMS Department shall not be stayed during the pendency of the administrative hearing. The Administrative Board shall render a decision on the enforcement action within two days after the conclusion of the hearing on the record. The decision shall include findings of fact, whether there is a use and occupancy permit; whether there was a use and occupancy permit that was used for another purpose; whether there is a threat to the public health, safety and welfare; and whether the activity constitutes a continuing threat to the public health, safety and welfare. The Administrative Board may reverse, modify or remand the decision of the Department of Permitting, Inspections, and Enforcement, Police Department or the Fire/EMS Department, respectively, only if the decision of the Department of Permitting, Inspections, and Enforcement, the Police Department or the Fire/Emergency Medical Services Department, respectively, is clearly erroneous, or arbitrary and capricious, or unsupported by any substantial evidence. The enforcement action of the Department of Permitting, Inspections, and Enforcement, the Police Department or the Fire/EMS Department, respectively, shall terminate or continue according to the determination of the Administrative Board. Any party aggrieved by a decision of the Administrative Board may appeal the decision to the Circuit Court for Prince George's County, Maryland. The appeal shall proceed in accordance with the provisions of Title 7 of the Maryland Rules of Procedure.

The Director of Permitting, Inspections, and Enforcement in consultation with the Police Department and the Fire/EMS Department, as appropriate, shall have the authority to deny, suspend, or revoke any application or license under the provisions of this Division and upon a violation of this Division. The Director of Permitting, Inspections, and Enforcement or their designee, in consultation with the Chief of the Police Department or their designee, and the Chief of the Fire/EMS Department or their designee, as appropriate, shall notify in writing, the applicant or licensee, and providing the reasons for said denial, suspension, or revocation. The written notice shall be served by delivery of said notice to all parties by registered or certified mail. Any party aggrieved by a decision or action of the Director of Permitting, Inspections, and Enforcement with respect to approval, denial, suspension, or revocation of an application or license shall have the right to appeal any such decision to the Board of Appeals for Prince George's County within ten (10) calendar days after the date of such decision. If the license is for, or exists on, premises located inside or within one-half mile of a municipality, the municipality shall automatically be a party to any related proceeding and administrative hearing and have the right to appeal therefrom. Additionally, the Board of Appeals for Prince George's County shall notify, in writing, all adjacent property owners and any person who has filed a written complaint against the applicant or licensee. In addition to the provisions of Section 5-200.01, the Director of Permitting, Inspections, and Enforcement, in consultation with the Police Department and Fire/EMS Department, as appropriate, shall have the authority to deny, suspend, or revoke a license if it is determined that exercise of the license proximately causes, gives rise, or substantially contributes to a situation wherein the quiet enjoyment or use of property of persons in the vicinity of the adult dance hall or teen dance hall is unreasonably obstructed or interfered with by arriving or departing patrons of the adult dance hall or teen dance hall so as to constitute a continuing public nuisance or a repeated disturbance to the public peace. Notwithstanding Sections 5-200(b), (c) and (d), the Department of Permitting, Inspections, and Enforcement, the Police Department, and the Fire/EMS Department shall have the right to take all immediate and necessary action to cease and desist the operation of an adult dance hall and a teen dance hall when an activity is found to pose a threat to the peace and health, safety, and welfare of the public. Immediate and necessary action by the Department of Permitting, Inspections, and Enforcement, the Police Department, the Fire/EMS Department shall include, but is not limited to: entering the building, structure, and land; securing the building, structure, and land; removing the occupants of the building, structure, and land; and padlocking the building, structure, and land. The Department of Permitting, Inspections, and Enforcement, the Police Department, and the Fire/EMS Department shall be authorized to temporarily or permanently close an establishment pursuant to Section 5-200(e) pending an administrative hearing by the Administrative Board and any judicial appeal.

It shall be considered to be a violation of this Division if: Dancing is permitted between the hours of 2 A.M. and 11 A.M., or in violation of Section 5-198. The Prince George's Health Department finds that noise levels emanating from a dance hall are in excess of 50 dBA at the property line between the adult dance hall or teen dance hall and adjoining residential zone, or 62 dBA at the property line between the dance hall and adjoining commercial zone, using a Type 2 or better sound level meter in accordance with the definitions and measurement procedures as prescribed by the Maryland State Environmental Health Administration Regulation 10.03.45, titled "Rules and Regulations Governing the Control of Noise Pollution in the State of Maryland," provided that measurements may be conducted on properties adjoining dance halls as well as at the property line. A licensee, owner, lessor, operator, promoter, person in charge, or person in apparent charge of an adult dance hall or a teen dance hall permits any disorderly conduct or allows a public nuisance to exist on his property. A private club holds public dances as evidenced by advertising to attract the general public for an admission fee and the private club is not a nonprofit organization in possession of a valid County benefit performance permit issued under the requirements of Subtitle 5, Division 2, of this Code. A licensee, owner, lessor, operator, promoter, person in charge, or a person in apparent charge of an adult dance hall or a teen dance hall that permits an activity prohibited by the security plan. A licensee, owner, lessor, operator, promoter, person in charge, or a person in apparent charge of an adult dance hall or a teen dance hall that permits an activity that poses a threat to the health, safety and welfare of the public. A licensee, owner, lessor, operator, promoter, a person in charge, or a person in apparent charge of an adult dance hall or a teen dance hall operates an adult dance hall or teen dance hall without the required license.

No license shall be issued or renewed for an adult dance hall or a teen dance hall until applicable sanitary, building code, housing code, fire prevention, zoning, business licensing, security plan and safety regulations of Prince George's County are met.

The Department of Permitting, Inspections, and Enforcement, the Police Department and the Fire/EMS Department may hereby establish any additional rules and regulations in order to enforce the provisions of this Division.

Any person who is a licensee, and/or owns, leases, operates, is in charge of or in apparent charge of an adult dance hall or teen dance hall, or promotes a facility or event required to be licensed under this Division without first having obtained a public dance license shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00) or incarceration up to six (6) months in jail, or both such fine and imprisonment. In lieu of a violation notice, the Director of the Department of Permitting, Inspections, and Enforcement, his designees, or any sworn County police officer or Fire/EMS officer may issue a citation pursuant to Subtitle 28, Division 3, to any person who is a licensee, and/or owns, leases, operates, is in charge or in apparent charge or promotes any event or facility in violation of this Division. The citation shall serve as notification to the person that he has committed a civil violation and must pay to the County a monetary fine, subject to the decision of the Administrative Board and his right to trial under Section 28-257 of the County Code. The person issued the civil citation shall be subject to a monetary fine of Five Hundred Dollars ($500.00) for each violation of this Division. Each day a violation continues is deemed a separate offense and is subject to an additional citation and fine. A licensee, owner, lessor, operator, promoter, a person in charge, or a person in apparent charge of an adult dance hall or a teen dance hall found to have violated any provision of this Act shall be fined up to $1,000.00 or may be sentenced to not more than six (6) months of imprisonment, or both such fine and imprisonment. In addition to the other remedies provided herein, the County Attorney, on behalf of the County, may institute an injunction, mandamus, or other appropriate action or proceeding to enforce the provisions of this Division.

For purposes of this Division, the following words shall have the meanings respectively ascribed to them by this Section, except where the context clearly requires otherwise: Commercial establishment shall include integrated shopping centers, shopping centers and shopping center parking lots. Director means the Director of Permitting, Inspections, and Enforcement or the Director's duly authorized representative. High-risk industry means any industry involved in: heating, ventilation, and air conditioning (HVAC), roofing, solar installation, any industry the Director designates as a high-risk industry. Senior means any person aged sixty-five (65) or older Solicitor of a commercial establishment means any person who goes from place-to-place or door-to-door visiting any commercial establishment for the purpose of: Selling or accepting subscriptions or orders for any goods, wares, merchandise, or services for the personal use, benefit, or pleasure of the owner or employees and not related to the business of the commercial establishment; or accepting or requesting donations for any charitable purpose. Solicitor of a residential dwelling means any person who goes from place-to-place, house-to-house, or door-to-door visiting any residential dwelling for the purpose of: Selling or accepting subscriptions or orders for any goods, wares, merchandise, or services for the personal use, benefit or pleasure of the owner or residents; or Accepting or requesting donations for any charitable purpose.

Any person who intends to act in the capacity of a solicitor shall, prior to entering into or upon any residential dwelling or commercial establishment within the County to act in such capacity, obtain a license therefor from the Director, except those persons, partnerships, or corporations specifically exempted under Sections 5-207.06 and 5-207.07 of this Division.

Application for a solicitor's license shall be made upon a form prescribed by the Director. In addition to such other information as the Director may reasonably deem necessary for purposes of the implementation, administration and enforcement of this Division, the application shall state or be accompanied by the following: The name, local and permanent address, age, weight, height, color of hair and eyes, and any other distinguishing physical characteristics of the applicant; The nature or purpose for which solicitations will be made and the nature of the goods, wares, service, and/or merchandise offered for sale; The name and address of the applicant's employer and/or organization represented; and if the organization is a "charitable organization," as defined by Title 6, Business Regulation Article, Annotated Code of Maryland, a statement that the organization has complied with the requirements of Title 6, Business Regulation Article, Annotated Code of Maryland; Two prints of a recent and clear photograph, 2" × 2" in size, showing the head and shoulders of the applicant; If a vehicle is to be used in connection with soliciting, a description of the same, together with the license tag number and the State in which the vehicle is registered; A statement as to whether the applicant has ever been convicted of a felony or misdemeanor, and; if so, the nature of the offense, when and where convicted, and the penalty or punishment imposed therefor; The names of at least two (2) references, unrelated to the applicant, who will certify as to the applicant's good character and business responsibility; and, The name and address of a person resident in the County designated by the applicant as authorized to accept all lawful processes in any action or proceeding instituted, filed, or pending against the applicant with respect to the application of any provision of this Division. The applicant, at the discretion of the Director, shall be required to supply the credentials of the business to be represented and evidence of the applicant's authorization to represent such business. Said credentials shall include evidence that said business has complied with all State and local laws applicable to or governing the operations and conduct of said business, including, but not limited to, the requirements of Article 23 of the Annotated Code of Maryland. The applicant, at the discretion of the Director, shall be required to furnish a copy of the receipt or contract to be used in the course of solicitation to assure compliance with Section 5-207.04 of this Division. Any applicant engaged in a high-risk industry will be subject to: A criminal background check and fingerprinting through the Maryland Department of Public Safety and Correctional Services (DPSCS). The applicant is responsible for all costs of services. Mandatory consumer protection and elder fraud awareness training, administered by the Department of Family Services or through a course approved by the Department of Family Services. Every application shall be signed and certified that the information given thereon is true and correct. The signature shall be that of the applicant.

The Director, upon receipt of a completed application accompanied by the proper fee and delivery by the applicant of the bond required under Section 5-206 of this Division, shall issue a license to the applicant, unless the Director finds after reasonable investigation, that the applicant is not in compliance with the provisions of this Division or is not of good moral character. In determining good moral character, the reputation of the applicant, his original record, if any, and license history in this and/or other jurisdictions shall be considered by the Director. Emphasis in reaching a decision on moral character shall be given to any convictions for crimes of violence, sex offenses, violations of gaming, narcotics, alcoholic beverage laws, and fraud. No person shall be denied a license solely on the grounds of previous convictions or penal servitude, if, in fact, his record, conduct, and habits for a period of three (3) years after conviction or release, whichever is later, indicate that he is a proper person to be licensed under the standards of this Division. In determining qualifications for the issuance of a license, the Director shall consider past violations of this Division and other State and local laws by the business to be represented, including, but not limited to, compliance with cease and desist orders, orders for restitution, and other appropriate relief ordered against said business. Unless sooner suspended or revoked, a license issued under this Section shall expire one (1) calendar year from the date of issuance and may be renewed in accordance with the provisions of Section 5-207.03 of this Division. No license issued under this Division shall be transferred or assigned to any person other than the person to whom it was issued. If, during the period for which a license is issued, there is any change in the factual information furnished by the licensee to the Director under Section 5-203(b), (1) through (8) inclusive of this Division, such change shall be fully, truly, and promptly communicated by the licensee to the Director in writing, upon a form provided by the Director for that purpose.

A license issued pursuant to this Division shall show the name and address of the solicitor, the name and address of the business to be represented, the date of issuance and expiration of the license, and one (1) of the photographs submitted by the licensee shall be attached to the license. Every licensee shall carry his license with him at all times while engaged in soliciting and shall display said license to the prospective buyer prior to making any solicitation. Every licensee shall permit any person, upon request, to personally inspect his license, including any police officer or County inspector of licenses who makes such request. It shall be within the discretion of the Director to allow a person, partnership or corporation soliciting within the County to design its own badge to be worn by all its employees and agents located in the County; provided, that: All such badges are first submitted to and approved by the Director. One design is used for all such employees and agents. The badge contains such information as required by the Director, including, but not limited to, the name of the licensee, the name of principal, expiration date, and a disclaimer stating that possession does not constitute endorsement by the County. The said principal thereby immediately assumes responsibility to secure proper distribution of the license and its return upon expiration. Any unauthorized use thereof, or fraud or misrepresentation perpetuated by the use thereof in any unauthorized manner, is actionable against the person undertaking such distribution. No license shall be valid unless it bears the signature of the Director or his lawful designate and has his official seal affixed thereto.

As a condition precedent to the issuance of a license under this Division, every person required to be licensed under this Division shall deliver to the Director a receipt for a cash bond received from the County Director of Finance or a corporate bond executed by a surety company qualified to do business in the State of Maryland in the amount of Two Thousand Dollars ($2,000.00) or Five Thousand Dollars ($5,000) if the licensee is engaged in a high-risk industry. In lieu of the individual bond specified in subsection (a), above, the Director may accept a bond filed by a person, partnership, or corporation which shall cover one (1) or more employees or agents of such person, partnership, or corporation soliciting in the County, and which fulfills the requirements of Subsection (a), above. That cash or corporate bond shall run to the County and shall be conditioned that the licensee shall: Pay any judgment rendered against him by a court of competent jurisdiction as a result of services rendered or not rendered, or materials supplied in connection with the contract of solicitation; and, Comply fully with all provisions of the laws and ordinances of the County and such statutes of the State regulating and concerning the business of soliciting and guaranteeing to any citizen of the County doing business with such solicitor that the property or goods purchased shall be delivered according to the representations of the solicitor. Any person who has been awarded a final judgment from any court of competent jurisdiction as a result of services rendered by a person required to be licensed under this Division shall have a right of action against such bond for the recovery of money, damages, or both, in any court of competent jurisdiction. In the event that the judgment is not satisfied after the judgment holder has made reasonable efforts to execute on the judgment, the County, on behalf of the judgment holder, may make demand on the surety company for the maximum amount of the bond or the amount of the judgment obtained plus interest and costs, whichever is less. Cash bonds shall be deposited with the County Director of Finance and he shall issue duplicate receipts therefor. Such cash bonds shall be maintained by the County Director of Finance in a special interest bearing account for three (3) years after the date of expiration of the license or the date of the expiration of any renewal period for which such bond was deposited by the licensee. If the County Director of Finance is notified in writing that a suit has been filed against any such licensee as a result of which a judgment may be payable out of such cash bond, the County Director of Finance shall retain such cash bond until such time as such suit has been reduced to judgment and the period for filing an appeal from such judgment has expired or the judgment debtor has waived in writing his right to take an appeal or until such time as such suit has otherwise been disposed of. Every person required to be licensed under this Division who has deposited a cash bond with the County Director of Finance shall be entitled to a return of reasonable interest earned on such cash bond by the County in an amount not to exceed four percent (4%) simple interest per annum. The failure of any person licensed under the provisions of this Division to maintain at all times the cash or corporate bond in the amount required by this Section shall constitute grounds for revocation of such person's license by the Director in accordance with the procedures set forth in Section 5-207.01 of this Division. In the case of both cash and corporate bonds, a total amount of not less than Two Thousand Dollars ($2,000.00) for the aggregate of all claims shall be sufficient to satisfy the bonding requirements of this Section, except that any person engaged in a high-risk industry shall maintain a total amount of not less than Five Thousand Dollars ($5,000) for the aggregate of all claims.

A fee as prescribed in the Table of Fees, section 2-253.63, Attachment A shall be paid by an applicant when the initial application for a license is filed pursuant to Section 5-203 of this Division, and such fee shall be nonrefundable.

The Director is hereby authorized to deny, suspend, or revoke any license issued under this Division if he finds that: The applicant for a license or the licensee has willfully and deliberately engaged in a course of conduct which is in violation of any provision of this Division; The applicant for a license or the licensee has repeatedly demonstrated a disregard for compliance with any provision or provisions of this Division; A court of competent jurisdiction has made a final determination against the applicant for a license or the licensee of guilt of criminal activity with respect to any of the crimes identified in Section 5-204 of this Division; The applicant for a license or the licensee has been denied a solicitor's license or had such a license suspended or revoked by another jurisdiction which regulates solicitors; The applicant for the license or the licensee has willfully and deliberately engaged in a course of conduct which is in violation of any provision of the Consumer Protection Ordinance or the consumer protection laws of the State; or The applicant for a license or the licensee has demonstrated a repeated disregard or failure to comply with any provision of the Consumer Protection Ordinance or the consumer protection laws of the State. No license shall be denied, suspended, or revoked hereunder without the Director first affording the applicant for the license or the licensee an opportunity for a hearing thereon. At least fifteen (15) calendar days prior to the date set for the hearing, the Director shall notify all parties to the proceedings in writing of the date, time, and place set for the hearing and the charge made, and afford all parties the opportunity to be heard in person and by counsel in reference thereto. The written notice shall be served by delivery of the notice to all parties by registered or certified mail. Within ten (10) working days following the hearing, the Director shall render a decision and the reasons therefor in writing and shall forward a copy of the same to all parties by certified or registered mail. The Director may deny, suspend, or revoke any license issued under this Division for a period of time determined by the Director to be just and reasonable in relation to the severity of the violations found to exist under Section 5-207.01, Subsection (a), paragraphs (1) through (6) inclusive, of this Division. However, if a license has been denied or revoked, the applicant shall not be eligible to apply for another license for a period of six (6) months after the date on which the Director rendered a denial or revocation decision. Any licensee seeking renewal of a license shall be entitled to the same rights as are set forth in Subsections (b) and (c), above, regarding denial, suspension, or revocation. Upon revocation or suspension, the licensee shall immediately return his license to the Director personally or through the Police Department or other authorized agent; and, upon failure to do so, the Director may request and direct that the license be confiscated and held pending final disposition.

Any party aggrieved by a decision of the Director with respect to the denial, suspension, or revocation of a license shall have the right to appeal any such decision to the Board of Appeals for Prince George's County, Maryland, within ten (10) calendar days after receipt of a denial, suspension, or revocation decision rendered by the Director. Appeals to the Board of Appeals from denial, suspension, or revocation decisions of the Director shall be on the record of the hearing before the Director.

The holder of any expiring license under this Division who desires a new license to be effective on the expiration of the existing license, shall, not less than thirty (30) nor more than sixty (60) days before the expiration of the license, file a written application for renewal with the Director, giving the information set forth in Section 5-203 of this Division and maintaining the bond required under Section 5-206 of this Division, except, that, at the discretion of the Director, new photographs shall not be required if the existing photograph is a good likeness. There shall be filed with the application, a renewal fee of Twenty-five Dollars ($25.00). The renewal period shall be one (1) year. The Director, in determining whether or not to renew a license, shall be guided by the provisions relating to issuance as set forth in Section 5-204 of this Division. The holder of a license which is lost or mutilated shall report such a loss or mutilation to the Director immediately and shall pay a Five Dollar ($5.00) fee for the issuance of a duplicate license.

The licensee shall furnish the buyer with a fully completed receipt or copy of any contract pertaining to any sale at the time of execution. It shall include a space for indicating the date of the transaction, the name and address of the licensee, and in immediate proximity to the space reserved in the contract for the signature of the buyer or on the front page of the contract, a statement informing the buyer of his right to cancel the transaction at any time prior to midnight of the third (3rd) business day after the date of the transaction. The notice of cancellation shall be by writing or telegram at the licensee's place of business and shall be signed and dated by the buyer. The licensee shall furnish the buyer with a senior consumer rights disclosure form that shall be created by the Department of Family Services. The Department of Family Services shall make these forms available to all licensees. The Department of Family Services' senior consumer rights disclosure shall contain but not limited to: The right for seniors to cancel within seven (7) business days. A checklist of suggested safeguards for seniors. A signature line confirming receipt and understanding by the senior.

No licensee shall: Remain in a private residence or commercial establishment or on the premises thereof after the owner or occupant has requested the licensee to leave; or, Enter into or upon the premises of a private residence or commercial establishment for soliciting, when the owner or occupant thereof has displayed a "No Soliciting" sign on such premises; or, Enter upon residential premises for soliciting during nighttime. Nighttime is defined in Section 1-102(a)(18) of this Code.

The provisions of this Division shall not apply to the following: Solicitors representing a civic or charitable organization who receive no compensation for soliciting either by way of salary or commission, subject to the following conditions: No later than thirty (30) calendar days prior to the commencement of any period of solicitation, the organization has filed a completed application with the Director in order to be granted an exemption from the provisions of this Division on an application form prescribed by the Director for that purpose. In addition to such additional information as the Director may reasonably deem necessary for purposes of the implementation, administration and enforcement of this Division, the application shall state or be accompanied by the following: The name, address, and telephone number of the applicant organization; for purposes of this Section, the Director is authorized to require the applicant organization to submit written evidence verifying its civic or charitable status, including a copy of a written ruling by the United States Internal Revenue Service establishing the nonprofit nature or status of the applicant organization; The nature or purpose for which solicitations will be made and, if applicable, the nature of the goods, wares, service, and/or merchandise offered for sale; The dates during which solicitations will be made and an identification of the area or areas of the County within which solicitations will be made; and Five (5) current copies of the identification card to be used by each solicitor representing the applicant organization within the County; the identification card of each applicant organization shall include the name of the applicant organization and adequate space for the recording of the County exemption number issued to the applicant organization by the Director and the name of the solicitor to whom the identification card is issued by the applicant organization. Upon receipt of a completed application form as required in subparagraph (A), above, the Director shall issue to the applicant organization a County exemption number exempting said organization from the provisions of this Division and authorizing said organization to solicit within the County for a specified period not to exceed ninety (90) calendar days. Each organization which is granted an exemption from the provisions of this Division as authorized under this section, shall be responsible for issuing the identification card described in subparagraph (A)(iv), above, to each solicitor representing the organization within the County. Each organization shall be responsible for insuring that the name of the solicitor and the County exemption number are clearly recorded on each identification card. The organization shall maintain a current list of the names and addresses of all solicitors to whom the applicant has issued identification cards, and shall permit the Director, upon request, to inspect said list. Each solicitor representing an organization which is granted an exemption under this paragraph shall carry his identification card with him at all times while engaged in soliciting and shall display said identification card to the prospective buyer or donor prior to making any solicitation. Each such solicitor shall permit any person, upon request, to personally inspect his identification card, including any police officer or County inspector of licenses who makes such request. Notwithstanding any other provision of this Division, the provisions of Sections 5-207.05 and 5-207.08 shall apply in their entirety to solicitors representing organizations which have been granted an exemption under this Section. Newsboys soliciting subscriptions to any newspapers published in the County, the State, or the District of Columbia. Route deliverymen who make deliveries at least once a week to regular customers and whose solicitation is only incidental to their regular deliveries. Any person holding a valid license as a real estate broker, an associate real estate broker, or a real estate salesman as issued by the Real Estate Commission of the State of Maryland pursuant to the provisions of Title 17, Business Occupations and Professions Article, Annotated Code of Maryland. Any employee of a retail business establishment operating at a fixed location, where the employee visits a consumer's home in response to the unsolicited request of the consumer for the purpose of installing or servicing merchandise or equipment purchased from said business by the consumer or for the purpose of displaying to the consumer merchandise or equipment being offered for retail sale by said business and/or accepting purchase orders for any such merchandise or equipment.

The provisions of this Division shall not apply to solicitors representing companies, firms, corporations, or partnerships which: Subscribe to and are bound by a policy statement, code or regulation established either by the company, firm, corporation or partnership individually or subscribe to the policy statement, code or regulation of a recognized trade association of which the applicant company, firm, corporation or partnership is a member in good standing and which policy statement, code or regulation requires: That the offer of products or services for sale, either through oral representation or advertising literature, shall be truthful and accurate as to price, grade, quality, make, value, performance, quantity, currency of model, and availability; That the terms of any guarantee offered by the solicitor in connection with the sale shall be furnished to the buyer in writing and shall clearly state the nature and extent of such guarantee; and, That the policy statement, code or regulation prohibits the initiation or continuation of any deceptive or unlawful trade practices as defined by any statute or ordinance in force and effect within Prince George's County, Maryland. Recognize a responsibility to consumers for violations of either its policy statement, code or regulation or deceptive and/or unlawful trade practice statutes by its solicitors or representatives, even if the company had no knowledge of such violations when such lack of knowledge is a result of failure by the company to establish procedures whereby it would be kept informed of the activity of its solicitors and representatives. Have established a procedure for processing consumer complaints within a reasonable time and providing consumer redress if, after the fact finding is completed, it is determined that the consumer was aggrieved by a violation of the policy statement, code regulation or a statutory deceptive or unlawful trade practice; and, Have fully complied with any order finding the company, firm, corporation, or partnership in violation of the consumer protection laws of the State, after any such order becomes final because of the expiration of the appeal period or the termination of judicial review. Application for the exemption provided in Subsection (a) of this Section shall be completed by filing the following information with the Director: Five (5) current copies of the policy statement, code, or regulation which meets the requirements as specified in paragraph (a), above; The name of the company, firm, corporation, or partnership subscribing thereto, complete with the address, telephone number and the name of the executive within the company, firm, corporation, or partnership, designated to administer the policy statement, code, or regulation. In the case of a trade association policy statement, code, or regulation, the association may submit the above required information on behalf of a member company which declares an exemption under Subsection (a), hereof, along with the name of the person, officer, agent, or employee in charge of administering the trade association's policy statement, code or regulation program. All applications shall include a listing of the company, firm, corporation, or partnership seeking the exemption program, and shall be notarized and signed by the Chief Executive Officer of the company, firm, corporation or partnership seeking the exemption; and, The applicant shall designate, on a form provided by the Director, the Director as resident agent for the purpose of accepting service of process in any action or proceeding instituted, filed or pending against the applicant with respect to the application of any provision of this Division. The Director shall forward, by certified mail, a copy of any such process to the person designated by the applicant as authorized to receive such process. The Director shall issue to the applicant a County identification card for use by each representative and solicitor representing the applicant within the County. Each such identification card shall include the name of the County, the name of the applicant, a generalized statement of the product or service to be sold, an identification number, a disclaimer stating that possession does not constitute endorsement by the County, and adequate space for the recording of the name of the representative or solicitor to whom the identification card is issued by the applicant. The applicant shall be responsible for requiring each solicitor to clearly record the solicitor's name on the identification card issued to the solicitor by the applicant. The applicant shall maintain a current list, by identification number, of the names and addresses of all solicitors to whom the applicant has issued identification cards, and shall permit the Director, upon request, to inspect said list. The applicant shall be responsible for each identification card issued to the applicant by the Director and shall promptly return to the Director the identification cards of solicitors who cease to represent the applicant within the County. Each applicant shall pay to the Director a fee for the identification cards issued to the applicant by the Director. The fee shall be in the amount of Ten Dollars ($10.00) for each such identification card and Five Dollars ($5.00) for each duplicate identification card. The identification card shall expire one (1) year from the date of issue. The Director, upon receipt of the information stipulated in Subsection (b) of this Section, shall grant an exemption to the company, firm, corporation, or partnership making application therefor, unless the Director finds that the applicant is not in full compliance with all of the conditions stipulated in Subsection (a) of this Section. The provisions of Section 5-207.08 of this Division shall be applicable to any solicitor representing a company, firm, corporation, or partnership which is granted an exemption under this Section. Each solicitor representing a company, firm, corporation, or partnership which is granted an exemption under this Section shall carry the required County identification card at all times while engaged in soliciting and shall display said identification card to the prospective buyer prior to making any solicitation. Each such solicitor shall permit any person, upon request, to personally inspect the County identification card, including any police officer or County inspector of licenses who makes such request. The following procedures shall apply to the processing of any consumer complaint against a company, firm, corporation, or partnership granted an exemption under this Section. Upon receipt of a consumer complaint against a company, firm, corporation, or partnership granted an exemption under this Section, the Director shall forward the information surrounding the complaint to the person, officer, agent or employee designated by the company, firm, corporation, or partnership or trade association on its exemption application to receive such complaints. The complaint information thus forwarded shall contain the following: The name and address of the consumer; The name or trade name of product purchased; The name of the company, firm, corporation, or partnership which manufactures and/or distributes the product, if such name differs from the trade name of the product itself; The name of the sales representative involved in the transaction, if known; The purchase date (if known); and, The identifying contract or receipt numbers, if available. Upon receipt of a consumer complaint or an official complaint against a company, firm, corporation, or partnership granted an exemption under this Section, where such complaint alleges a violation of a deceptive or unlawful trade practice statute in force and effect within Prince George's County, Maryland, the Director shall forward the information surrounding the allegation to the person, officer, agent or employee designated by the company, firm, corporation, partnership, or trade association on its exemption application to receive such complaints. Each company, firm, corporation, or partnership or trade association authorized to act for such company, firm, corporation or partnership, granted an exemption under this Section, shall file a written statement with the Director containing the disposition of any written complaints against such company forwarded to it by the Director. The statement shall include the findings of fact upon which the action taken is based. It shall be filed with the Director within a reasonable time which, for purposes of this Section, shall be defined as twenty (20) business days from the date of receipt of such written complaint by the person, officer, agent or employee designated by the company, firm, corporation, partnership, or trade association to receive such material. The following shall be grounds for the revocation of the exempt status provided in this Section. Any company, firm, corporation, or partnership granted an exemption under this Section which fails to honor the provisions of the policy statement, code or regulation upon which such exemption was granted or which violates any of the other requirements for obtaining and maintaining such exemption shall constitute grounds for the revocation of the exempt status of that company, firm, corporation, or partnership. The authority to revoke the exempt status shall be in the discretion of the Director who shall consider the following criteria in making such determination: Failure by the company, firm, corporation, or partnership to file any satisfactory response with the Director concerning a consumer complaint(s) forwarded by the Director to the person, officer, agent or employee designated by that company, firm, corporation, or partnership to receive such information; Failure to return money or replace products which were received by the consumer in a defective condition; Failure to deliver products ordered by the consumer; Failure to correct or adequately explain repeated allegations of violations of statutory deceptive or unlawful trade practices in force and effect within Prince George's County, Maryland, by the company, firm, corporation, partnership or trade association or violation of the policy statement, code or regulation filed with the Director as part of the exemption application, even where a sale did not result, when such allegations have been forwarded by the Director to the person, officer, agent or employee designated by that company, firm, corporation or partnership to receive such material; An order finding the company, firm, corporation, or partnership in violation of the Consumer Protection Ordinance or the consumer protection laws of the State, after any such order becomes final because of the expiration of the appeal period or the termination of judicial review; or, The voluntary or involuntary termination of membership in a trade association, where the exemption provided under this Section was granted on the basis of adherence to the trade association code of ethics. The following procedures shall apply to the revocation of the exempt status provided in this Section. Prior to a revocation of exemption becoming final, the Director shall first afford the company, firm, corporation, or partnership an opportunity for a hearing thereon. At least fifteen (15) calendar days prior to the date set for the hearing, the Director shall notify all parties to the proceedings in writing of the date, time, and place set for the hearing and the charge made, and afford all parties the opportunity to be heard in person and by counsel in reference thereto. The written notice shall be served by delivery of notice to all parties by registered or certified mail. Within ten (10) working days following the hearing, the Director shall render a decision and the reasons therefor in writing, and shall forward a copy of the same to all parties by certified or registered mail. Where the Director renders a decision revoking the exemption of a company, firm, corporation, or partnership, and when such decision becomes final because of the expiration of the appeal period or the termination of administrative and/or judicial review, all representatives or solicitors representing such company, firm, corporation, or partnership within the County shall immediately make application to the Director for the door-to-door solicitor's license required under this Division, where said solicitors and representatives intend to continue to solicit within the County. Any company, firm, corporation, or partnership whose exempt status, as provided under this Section, is revoked by the Director shall not be eligible to reapply for another exemption for a period of three (3) calendar years from the date said revocation order by the Director becomes final because of the expiration of the appeal period or the termination of judicial review. Any company, firm, corporation, or partnership aggrieved by a decision of the Director to revoke the exempt status provided in this Section shall have the right to appeal such decision to the Board of Appeals for Prince George's County, Maryland, within ten (10) calendar days after the date of receipt of a revocation decision by the Director. Any such appeal shall be on the record of the hearing before the Director. Nothing in this Section shall be construed to restrict or abridge the Director from exercising jurisdiction over any company, firm, corporation, or partnership which has been granted an exemption under this Section.

No solicitation shall be conducted except between the hours of 9:00 A.M. and 9:00 P.M. each day; provided, that solicitations may be made where the person solicited has agreed by previously arranged appointment for a time other than the prescribed hours.

Any person required to be licensed under this Division who acts in the capacity of a door-to-door solicitor without first having obtained a license, or continues to act after a license has been denied, suspended, or revoked, shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine not exceeding One Thousand Dollars ($1,000.00) or incarceration up to six (6) months in jail, or both such fine and imprisonment. Any person in violation of Section 5-207.04 shall be subject to: One Thousand Dollars $1,000 for a first offense Three Thousand Dollars $3,000 for a second offense. Five Thousand Dollars $5,000 for a third offense, revocation of license, and imprisonment not to exceed six (6) months. Any person in violation of Section 5-207.05 shall be subject to a fine of: One Thousand Dollars $1,000 for a first offense Three Thousand Dollars $3,000 for a second offense. Five Thousand Dollars $5,000 for a third offense, revocation of license, and imprisonment not to exceed six (6) months. Any person found to have deceived or defrauded a senior through door-to-door solicitation shall be subject to a Five Thousand Dollar $5,000 fine and imprisonment not to exceed six (6) months.

The Director shall establish a Solicitation Protection Rapid Response Force to investigate reports of potential violations of Division 15. The Director shall maintain records documenting the response time for each report and the outcome of the investigation. The Department of Family Services shall also direct the Solicitation Protection Rapid Response Force to establish a public outreach initiative on consumer protections. The Department of Family Services shall create the guidelines and partner with senior-serving organizations for the public outreach initiative.

The Maryland State Department of Health and Mental Hygiene Regulations Governing public swimming pools and public spas as set out in the Code of Maryland Regulations (COMAR 10.17.01), and as they may be amended from time to time, are hereby adopted by reference as the County regulations governing public swimming pools and public spas and made a part of this Subtitle, with the additions, insertions and changes prescribed in this Division. The Clerk of the Council shall at all times maintain and keep a current set of such State regulations for public inspection.

The following additions, insertions and changes are hereby made to the Maryland State Department of Health and Mental Hygiene Regulations governing public swimming pools adopted by reference herein as the County regulations governing public swimming pools.

It shall be unlawful for any person to operate or permit to be operated within the County a public swimming pool without first obtaining from the County Health Officer a license for the pool.

Application for a public swimming pool license shall be made on forms provided by the County Health Officer. The owner of the swimming pool, the lessor of the swimming pool or the property management company shall be the responsible party and must sign as the applicant for the license.

The fees for the issuance of public swimming pool licenses shall be proposed and recommended by the County Executive, adopted by resolution of the County Council after notice and public hearing; and included in the Table of Fees, section 2-253.63, Attachment A.

No person shall construct or substantially alter any public swimming pool or its appurtenances, until plans and specifications have been submitted to and approved by the Prince George's County Health Department. At the time of submitting plans to the Health Department for new or remodeled swimming pools, a fee for new pools or remodeled pools shall be paid as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website. A fee as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website, shall be paid for each resubmittal of plans after the first resubmittal. An additional fee as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website shall be paid for each reinspection after the first reinspection required prior to approval to operate. A fee as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website shall be paid for prospective inspections, consultations, and equipment evaluations.

Public swimming pool licenses issued pursuant to this Subdivision shall be issued for a period not to exceed one year, and shall terminate on December 31 of each year.

Public swimming pool licenses issued pursuant to this Subdivision shall be subject to temporary suspension by the County Health Officer for reasons of turbidity, improper chlorination, insufficient supervision, improper water pH, excess cyanuric acid, or if there are reasonable grounds to believe that a real health or safety hazard exists. The pool may reopen after suspension upon correction of the violation. The Health Department must be notified of the correction by the next working day. Upon reinspection by the Health Department, if the initial violation has not been corrected, the pool will be closed and written permission from the Health Department must be obtained and a fee as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website must be paid before reopening.

It shall be unlawful for any person to act as a public swimming pool operator unless duly licensed by the County Health Officer.

Application for a pool operator's license must be made to the Department by submitting the following: A completed application along with the appropriate fee and a recent photograph clearly showing the applicant's facial features when trimmed to a size of two inches by two inches; Documentation that applicant is sixteen (16) years of age or older; and Original written evidence of successful completion of an approved pool operators course; or A valid pool operator's license from a local jurisdiction with a reciprocal agreement on licensure with the Department; or When previous experience/training is documented, a passing grade of seventy-five percent (75%) on a challenge exam offered by the Health Officer. License renewals will be issued upon receipt of the following: A completed application along with the appropriate fee; and Proof of having completed an approved four-hour refresher course or the equivalent in continuing education. To reinstate a revoked license, an operator must pass the Department's challenge exam. The Health Department may offer its own four-hour refresher course for applicants for license renewal, but applicants are not required to take the Department's version of the course in order to qualify for license renewal.

The fees for the issuance of a public swimming pool operator's license shall be proposed and recommended by the County Executive and adopted by resolution of the County Council. A fee for the challenge exam offered in accordance with Section 5-218 of this Subtitle shall be proposed and recommended by the County Executive and adopted by resolution of the County Council. A fee for the four-hour refresher course for applicants for the pool operator's license renewal, which is required in accordance with Section 5-218 of this Subtitle, shall be proposed and recommended by the County Executive and adopted by resolution of the County Council.

Public swimming pool operators' licenses issued pursuant to this Section shall be issued for a three-year period.

Any public swimming pool license required by this Subdivision shall be on public display at all times at the pool office. All licenses required by this Subdivision shall be available for presentation by the licensee at all times.

A preopening inspection of all seasonal pools shall be made by the Health Department to determine compliance with all provisions of this Division prior to issuing the yearly operating license required in Section 5-213. A fee of One Hundred Fifty Dollars ($150.00) shall be paid for each preopening reinspection.

For serious or repeated violations of this Division, or for interference with the County Health Officer in the performance of his duties, any license required by this Subdivision may be revoked after an opportunity for a hearing has been provided by the County Health Officer. A written notice of such revocation and written notice of the hearing shall be given to the licensee.

Public swimming pool lifeguards must be fifteen (15) years of age or older, and hold a valid certificate approved by the County Health Officer. Lifeguard certificates required by this Section shall be available for presentation at all times.

Except as provided in subsections (b) and (c), it shall be unlawful for any person to operate or permit to be operated within the County a public swimming pool unless such pool is under the prompt supervision of duly licensed swimming pool operator and under the actual and direct supervision of that number of qualified public swimming pool lifeguards as indicated below. 1—50 persons in water—One lifeguard; 51—100 persons in water—Two lifeguards; 101—150 persons in water—Three lifeguards; For each additional 75 persons in water—One lifeguard. The provisions of subsection 5-224(a) do not apply to a pool with a water surface area of under 2,500 square feet located within or outside a building that has a permit issued by Prince George's County to operate as a hotel or motel, or that is registered as a seller of health club services pursuant to the Annotated Code of Maryland, Commercial Law Article, Title 14, Subtitle 12B, and that meets all State regulations, including COMAR10.17.01.40F and the following provisions: The size, color, design, application, symbol, and visual layout of a safety sign is in compliance with the ANSI Z-535 series of standards for Safety Signs and Colors as referenced in American National Standard for Public Spas; A spa safety sign is posted in a permanent location adjacent to a spa in compliance with the American National Standard for Public Spas; The spa safety sign includes the user load of the spa; A chemical warning sign is posted at the entrance door to a chemical storage area and includes the text "Caution! Chemical Storage Area"; A chemical vat, feeder, pump, and line is labeled to identify the chemical in use; A chlorine gas warning sign reading "Danger—Chlorine Gas" is posted at the entrance to a chlorine gas feed room and storage area; Other warning, health advisory, and safety signs are posted if necessary to protect the public health and safety, for example, "Danger! No Diving In Shallow Water"; A semipublic pool or public spa that does not have a lifeguard on duty has a conspicuous sign posted adjacent to entrances to the pool or spa reading "WARNING; NO LIFEGUARD ON DUTY. SWIM AT YOUR OWN RISK. DO NOT SWIM ALONE. CHILDREN UNDER 15 SHOULD NOT USE THE POOL WITHOUT ADULT SUPERVISION."; and In addition to meeting the above requirements and the provisions of COMAR 10.17.01.40F, a pool with a water surface area of under 2,500 square feet that is located in or outside a building that has a use and occupancy permit to operate as a hotel or motel, or that is registered as a seller of health club services pursuant to the Annotated Code of Maryland, Commercial Law Article, Title 14, Subtitle 12B, and that meets a description of the provisions set forth in subsection 5-224(b) must have a conspicuous sign posted adjacent to entrances to the pool or spa reading: "CHILDREN UNDER THE AGE OF 15 ARE NOT PERMITTED TO USE THE POOL WITHOUT ADULT SUPERVISION." The County Health Officer has the authority to make adjustments in the foregoing schedule when deemed necessary and practicable and when such adjustment will not present a hazard to the public health or safety of persons using a pool. Swimming pools shall be maintained in a clean, sanitary and safe manner at all times. All bathhouse supplies such as paper towels and toilet paper shall be available at all times. All structures and equipment at swimming pools shall be maintained in good repair at all times. For every pool a daily operating record shall be kept including pH, chlorine residual, number of bathers, time of recording, pressure differential (if applicable), and flow rate which shall be made available for checking by the County Health Officer during each inspection. A data sheet containing all operational data, particularly the pool volume, rate of flow, turnover rate, backwashing procedure, and for DE pools, pre-coat procedure shall be posted at the pool for all pools included in the operation. All valves shall be tagged or otherwise marked to follow the data sheets. At no time shall there be more swimmers in the pool than the number the pool was designed for. No person shall be permitted in the pool who has an obvious or known infection, cut, abrasion, or open blister.

Each swimming pool shall be provided with an approved first-aid kit which fulfills the minimum requirements of the American Red Cross and the following additional safety equipment: A rescue tube for lifesaving for each lifeguard on duty; A reaching pole of adequate length as determined by pool size; A backboard designed for medical emergency use that is equipped with straps and a head immobilizer; A cot with blankets; A whistle (one per guard); and A dust pan and brush for glass removal. Each swimming pool shall be provided with a telephone within the pool enclosure with all emergency numbers listed. All swimming pools using gas chlorine for disinfecting pool water shall have available a gas mask currently approved by the National Institute of Occupational Safety and Health (NIOSH). This mask must not be stored in the gas chlorine room. All chemicals kept on the pool premises shall be stored in a safe manner. No glass containers shall be allowed within the pool enclosure. No situation considered by the County Health Officer to be a safety hazard shall be permitted to exist at any swimming pool.

All water supplies to a swimming pool must meet all applicable regulations of Prince George's County and the Secretary of Health and Mental Hygiene of the State of Maryland. All pools shall maintain a minimum concentration of free residual chlorine in the water in all parts of the swimming pool between 1.5 ppm and 10 ppm and between 3.0 ppm and 10 ppm for wading and therapy pools; if bromine is used, the total concentration shall be between 3.0 ppm and 10 ppm and 4.0 ppm and 8.0 ppm for wading and therapy pools. If cyanuric acid is used, the concentration shall not exceed 100 ppm. The pH of the pool shall be maintained between 7.2 and 7.8. When any swimming pool is in use, the water shall be of sufficient clarity that the main drain can be clearly seen from all sides of the pool. All chemicals added to the swimming pool water shall be fed by a mechanical feeder, or in a manner approved by the County Health Officer. All broken mechanical feeders must be repaired within twenty-four (24) hours. Chemicals added during this period must be in a manner approved by the County Health Officer. Approved water-testing kits shall be provided at each pool for determining pH, free chlorine residual, using D.P.D. method of determination, and if used in the pool water, cyanuric acid. Free chlorine and pH readings must be taken and recorded a minimum of every two (2) hours when the pool is in operation. The ranges of test kit readings must be approved by the County Health Officer to determine that the kit is capable of monitoring the water chemistry adequately. All chemicals added to the pool water must be approved by the County Health Officer. Any guidelines issued by the County Health Officer regarding the use of a particular chemical must be adhered to.

The purpose and intent of this Division is to protect and promote the public health and safety of the users of public swimming pools in Prince George's County. Therefore, variances from provisions of this Division may be approved when, in the opinion of the County Health Officer, such variances will not adversely affect the users' health and safety. If such variances are permitted, they shall be made in strict compliance with the restrictions, limitations, or conditions which the County Health Officer may demand.

The County Health Officer shall recommend to the County Council any necessary regulations which need to be promulgated for the orderly administration of this Division. Such regulations shall take effect only after approval by the County Council.

The purpose of this Division is to promote the safety and welfare of the citizens of Prince George's County by prescribing procedures which will significantly curtail the disposition of certain stolen property by thieves and which will assist in identifying that stolen property so that it may be returned to the owners thereof.

The term "secondhand dealer" means any person, corporation, or other business entity in this County engaged regularly in the business of receiving, in exchange for money, trade, barter, or other valuable consideration, items of tangible personal property. The term "tangible personal property" includes the following used items: Binoculars; Cameras; Firearms; Furs; Household appliances; Musical instruments; Office machines or equipment (excluding furniture and similar furnishings); Radios, television sets, video disc machines, video cassette recorders, stereo equipment; Personal computers, tape and disc recorders; Watches; Bicycles; Typewriters; Tangible personal property pledged as collateral (pawned items); Power tools; Any item serialized, marked for identification purposes, or engraved; Precious metals and gems; Wheels and rims; and General use prepaid cards, gift certificates, store gift cards. Tangible personal property does not include new unopened merchandise in the original sealed packaging, cosmetics, devices, drugs or medications, food or food additives for human consumption as defined in Title 21 Section 101(e), (f), (g), and (i) Health General Article, Annotated Code of Maryland. This section does not apply to entities operating as a licensed Automotive Dismantler and Recycler as defined by Title 15 Section 501(b) of the Transportation Article of the Annotated Code of Maryland. Licensed Automotive Dismantler and Recycler entities are not secondhand dealers. The term "pawn dealer" means any person, corporation, or other business entity in the County, including a secondhand dealer, engaged in the business of lending money on the deposit or pledge of tangible personal property or in the business of purchasing tangible personal property on the condition of reselling the same to the seller at a stipulated price.

It shall be unlawful for any person, corporation, or other business entity in Prince George's County to operate as, or act as agent for, a secondhand dealer or pawn dealer unless in possession of a valid and unsuspended Secondhand Dealer or Pawn Dealer's License issued by the Director of Permitting, Inspections, and Enforcement. The license shall be valid for one (1) year, and each license or renewal shall be subject to an annual fee as prescribed in the Table of Fees, section 2-253.63, Attachment A. An applicant for a secondhand dealer or pawn dealer's license shall pay an annual fee as prescribed in the Table of Fees, section 2-253.63, Attachment A for each employee of the applicant. A secondhand dealer or pawn dealer shall pay an additional fee as prescribed in the Table of Fees, section 2-253.63, Attachment A for each employee when the employee is initially employed to cover the cost of conducting a criminal background check. Each employee of a secondhand dealer or pawn dealer shall submit a complete application for an employee license at least five (5) business days prior to working in the business of a secondhand dealer or pawn dealer. The Director of Permitting, Inspections, and Enforcement may revoke or suspend the license described in this Section upon a finding that the licensee has been convicted of a theft offense, has operated for a period of more than thirty (30) days without a valid license, a licensed employee working in the establishment of the Secondhand Dealer and Pawn Dealer or the Dealer licensee is engaged regularly in the business of receiving, in exchange for money, trade, barter, or other valuable consideration, items prohibited in Section 5-233(b), or a licensed employee working in the establishment of the Secondhand Dealer and Pawn Dealer or the Dealer licensee has failed to comply with the provisions of this Division. The Director may deny an application for license if the applicant's license has been revoked or if the applicant is not of good moral character pursuant to the criteria set out in Section 5-204. The Director may deny an application for license if the applicant has not obtained a valid use and occupancy permit for the proposed location within two hundred and seventy (270) days from the date of the application. The Director's decision following a hearing shall be in writing; shall be sent to all parties at the hearing; and may be appealed within thirty (30) days after the decision by an aggrieved party to the Board of Appeals. The number of pawn dealer licenses shall be limited to thirty-one (31). Except as provided in this Section, pawn dealer licenses may not be leased, sold, assigned, or otherwise transferred, or held and operated where the controlling interest of the licensee's pawn shop business has been leased, sold, assigned or transferred to another individual or business. Such provision would not preclude the capital stock of publicly traded companies, trading on a public stock exchange and registered with the Securities and Exchange Commission (the "SEC"), from being bought and sold. Notwithstanding the restriction on the number of licenses contained in this Section, the Director shall not reissue a secondhand dealer or pawn dealer's license that has been revoked or otherwise surrendered even if the total number of issued licenses falls below the number authorized pursuant to this Section. Notwithstanding the restriction on the number of licenses contained in this Section, the Director may transfer a valid and unsuspended pawn dealer license to the parent, sibling, or child of the person to whom the licensed was issued, upon the payment of the fee as prescribed in the Table of Fees, section 2-253.63, Attachment A, provided the person is otherwise qualified to obtain the license. A license which has been revoked shall not be transferred. Any person who operates as a pawn dealer or secondhand dealer without possessing a valid unexpired pawn dealer license or secondhand dealer license and who subsequently obtains a pawn dealer license or secondhand dealer license shall have the license suspended for two business days for each day the person operated without a license. If the person operates more than thirty (30) calendar days without a license, the Director shall not issue a license for a period of one year after the violation was determined by the Director in accordance with this Section. Prior to issuing a secondhand dealer license or pawn dealer license, the Director shall ascertain that the applicant has a valid use and occupancy permit for the proposed location. Any person who operates as a pawn dealer or secondhand dealer must notify the Director and Chief of Police, in writing, on a form to be supplied by the Department of Permitting, Inspections, and Enforcement of the lease, sale, assignment, or transfer of the controlling interest of the licensee's pawn shop business within ten (10) days of the execution of the transaction.

Each license issued under this Division shall be conspicuously displayed at all times in the licensee's place of business. A copy of the secondhand and pawn dealers ordinance, consisting of Division 19 of Subtitle 5 of the Prince George's County Code, shall be displayed in a conspicuous place in the licensee's place of business so that it may be readily seen and read by persons entering the premises and employees of the licensee's place of business. A sign shall be posted in a conspicuous place visible from the main entrance of the licensee's place of business containing the following message in letters of at least one and one-half (1½) inches in height and a corresponding width: "RECEIVING, IN EXCHANGE FOR MONEY, TRADE, BARTER, OR OTHER VALUABLE CONSIDERATION COSMETICS, DEVICES, DRUGS OR MEDICATIONS, FOOD OR FOOD ADDITIVES FOR HUMAN CONSUMPTION IS PROHIBITED".

This Division shall have no application to the exchange of an item described in Section 5-233 if: The exchange is incident to the activities of a club or similar organization meeting, church, church-sponsored group, charitable organization, antique show, trade show, convention, or auction; or The item received by a secondhand dealer is used tangible personal property transmitted directly from an established, reputable manufacturer or wholesaler with a fixed business address and provided that the secondhand dealer retains as a part of his records an invoice or other customary proof of origin of such merchandise; or The item received by a pawn or secondhand dealer is traded in for the purchase of another item equal or greater in value. This Division shall have no application to the sale or exchange of books, periodicals or other written materials.

No secondhand dealer or pawn dealer shall purchase, barter, exchange, or otherwise receive any item described in Section 5-233 from a person under the age of eighteen (18).

Each secondhand dealer or pawn dealer shall record or cause to be recorded the purchase, barter, exchange, pledge, or other receipt by him of any item described in Section 5-233 and also any subsequent disposition of that item from his possession. This Section does not apply to entities operating as a licensed Automotive Dismantler and Recycler as defined by Title 15 Section 501(b) of the Transportation Article of the Annotated Code of Maryland. Licensed Automotive Dismantler and Recycler entities are not secondhand dealers. Information shall be recorded on electronic data storage media in a format specified by the County Police Department and shall include: The date, time, and place of the transaction; The name and address of the principal, if the transaction is by an agent; A comprehensive description of the items, including any visible identification marks such as initials, name of manufacturer, model and serial numbers, and owner applied identification numbers, and whether the item appears to be new or unused or in its original box or packaging; Consideration received; The name, address, telephone number, date of birth, and physical description, including the sex, race, distinguishing features, approximate age, height, weight, hair and eye color of the person or persons from whom the item is received and to whom it is disposed. The secondhand dealer or pawn dealer shall require two forms of identification of those persons by a driver's license or similar credentials. The record shall be signed by the dealer or dealer's agent, where applicable, and the seller; and The secondhand dealer or pawn dealer shall retain a copy of the above records for three (3) years after the date of the transaction. The requirements imposed upon a secondhand dealer or pawn dealer by this Section shall also be binding upon any employee or other person acting for the secondhand dealer or pawn dealer. The completed County Police Department form shall be submitted by the secondhand dealer or pawn dealer to the County Police Department by: Delivering or electronically transmitting the copy by 10:00 A.M. on the next business day after the record is made; or Mailing the copy at the end of the business day when the record is made, by first class mail, from a post office or mailbox in Prince George's County. All licensed secondhand dealers and pawn dealers shall be required to electronically report in the Regional Automated Property Information Database (RAPID) or other designated database. Fees relating to licenses and permits for secondhand dealers shall be exempt from the requirements of Section 813 of the County Charter. The County Police Department shall designate a business entity to collect an electronic reporting fee from secondhand dealers. The secondhand dealers shall pay the RAPID fee or other designated database fee directly to the business entity designated by the County Police Department for reporting and payment.

A fee for a RAPID license as prescribed in the Table of Fees shall be paid by an applicant when the initial application for a license is filed; thereafter, unless the license is denied, suspended, revoked, or otherwise terminated, the license shall be renewed annually upon the payment of the license fee prescribed in the Table of Fees.

No secondhand dealer or pawn dealer and no employee or other person acting for that dealer shall dispose of any item described in Section 5-233 and received by the dealer until a period of thirty (30) days shall have elapsed after the date of submission or electronic transmission of the report required by Section 5-237, or the item is inspected by the County Police Department, whichever shall occur first. Where the dealer finds that the thirty (30) day waiting period constitutes a burden, he may contact the Police Department by letter stating his need for early action and requesting an expedited inspection. Within 96 hours after receiving the request, the Police Department shall approve or deny the request. The dealer shall retain, for an additional period of twelve (12) days, any item described in Section 5-233 if the County Police Department requests that the dealer retain the item and the County Police Department has reasonable cause to believe the item has been stolen. Items which are required to be retained by the provisions of this Section shall be tagged in compliance with regulations of the County Police Department and shall be securely stored in a separate location within the business, apart from other items of property. In any case, no item shall be sold or otherwise be removed from the location of the licensed business of the secondhand dealer or pawn dealer during the period of prescribed retention. The thirty (30) day holding period required by this Section shall not apply to pawned items which are redeemed with the original ticket.

A dealer shall hold for, and release to, an authorized member of the County Police Department any item of personal property listed in Section 5-233 located at the place of business of the secondhand dealer if: The item is established to have been stolen; The owner of the item or victim of the theft has: Positively identified the item; or Provided an affidavit of ownership; and The stolen property report describes the item. When the County Police Department no longer needs an item for evidence, the County Police Department shall give the item to its owner. A secondhand dealer or pawn dealer who is required to release an item under this Subdivision is not entitled to reimbursement for any pledge or purchase price paid for the item from: The County Police Department to which the secondhand dealer or pawn dealer released the item; The owner of the item; or The victim of the theft.

Any authorized member of the County Police Department may, during normal business hours and in the presence of the secondhand dealer or pawn dealer or his representative, inspect at the dealer's place of business the records required to be kept by this Division and any item of property listed in Section 5-233. If the secondhand dealer or pawn dealer refuses to permit such an inspection, a search warrant shall be obtained and the Secondhand Dealer of Pawn Dealer's License for the refusing dealer shall automatically be suspended pending the outcome of the inspection and until the suspension is terminated by the Director of Permitting, Inspections, and Enforcement. It shall be unlawful for a secondhand dealer or pawn dealer to operate as such while his license is suspended.

The Chief of Police of the County Police Department is authorized to issue regulations to implement this Division. A pawn dealer or a secondhand dealer may be open to the public between the hours of 7:00 A.M. and 10:00 P.M. and shall not conduct any business with the public at any other time. The use of a drive-up window or other practice, service, or device that enables a patron to conduct business from a motor vehicle without leaving the motor vehicle is prohibited. The Department of Permitting, Inspections, and Enforcement shall not issue a Pawn Dealer license to any person who has been issued a business license by the Department in accordance with Subtitle 5 of the Prince George's County Code, or been issued a license for the retailing of spirituous liquors.

Any person may be liable for a civil fine as provided for in Subtitle 28 for a violation of the provisions of this Division. If the violation is of a continuing nature, each and every day during which the violation continues is a separate violation. Any person or corporation who violates or fails to comply with any provision of this Division or who makes any false statement in connection therewith or who gives false identification shall, upon conviction, be guilty of a misdemeanor and subject to a fine not exceeding One Thousand Dollars ($1,000.00) or imprisonment not exceeding six (6) months, or both such fine and imprisonment.

Automated purchasing machine means a self-service device that is designed to dispense money in exchange for personal property and is also known as a reverse vending machine. This section does not apply to an automated purchasing machine that is used exclusively for collecting recyclable materials, including paper, glass, metals, plastics, and cardboard, in accordance with a recycling program approved by the Maryland Department of the Environment. Personal property means private property that is moveable. Personal property includes property that is serialized or normally has a unique identifier and gift cards or vouchers that have monetary value.

The installation or operation of automated purchasing machines is prohibited within Prince George's County.

A violation of Section 5-243 shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment for not more than six (6) months.

No person shall establish, conduct, maintain or operate in Prince George's County a nursing home, domiciliary care home, long term intermediate care facility, or personal care intermediate care facility, subject to the rules and regulations contained in Sections 10.07.02, 10.07.03, 10.07.05 and 10.07.06 of the Code of Maryland Regulations (COMAR), without obtaining a license issued by the County Health Officer.

Applications for licenses shall be filed with the Prince George's County Health Department on forms supplied by the County Health Officer reasonably requiring information identifying the licensee, the location of the operation of the facility and the licensee's ability to carry out the operation pursuant to the regulations.

The annual license fee for each facility shall be Four Dollars ($4.00) per bed for domiciliary care beds and Twenty Dollars ($20.00) per bed for all other classifications with a minimum fee of Twenty-five Dollars ($25.00) for each facility, renewable annually upon payment of the fee. A duplicate license will be issued, on request, at a charge of Fifteen Dollars ($15.00).

No person shall construct or substantially alter any nursing home or related facility until plans and specifications have been submitted to and approved by the Prince George's County Health Department. At the time of submitting plans to the Health Department for new or remodeled nursing homes or related facilities, a fee of Two Hundred Dollars ($200.00) for new facilities or a fee of One Hundred Fifty Dollars ($150.00) for remodeled facilities shall be paid. A fee of Twenty-five Dollars ($25.00) shall be paid for each resubmittal of plans after the first resubmittal. An additional fee of Twenty-five ($25.00) shall be paid for each reinspection after the first reinspection required prior to approval to operate. A fee of Twenty-five Dollars ($25.00) shall be paid for prospective inspections, consultations, and equipment evaluations.

The County Health Officer shall upon satisfactory proof of the prospective compliance with County and State laws issue a County license for a nursing home, domiciliary care home, long term intermediate care facility, or personal care intermediate care facility, subject to the rules and regulations contained in Sections 10.07.02, 10.07.03, 10.07.05 and 10.07.06 of the Code of Maryland Regulations (COMAR), as the case may be. Upon a refusal to issue a license the County Health Officer shall state in writing to the applicant the specific reasons for denial.

The County Health Officer shall periodically, but no less than four (4) times a year, three (3) of which shall be unannounced, check with each licensed facility for compliance with State and County standards where applicable. Periodic inspections shall to the extent feasible be in lieu of and not in duplication of inspections by the State Department of Health and Mental Hygiene.

Prior to any legal enforcement under the provisions of this Division all licensees shall be given a written notice of violation and a reasonable opportunity not to exceed three (3) months unless waived upon good cause shown, to correct the violation. Such notice shall advise the licensee of those violations which are considered by the County Health Officer to be of such a nature that if not corrected may result in action to suspend or revoke the license for operation of the facility.

The County Health Officer may for failure to remedy serious violations, or for the repeated failure to remedy minor violations of State and County laws and rules and regulations, revoke any license issued by it after granting the licensee an opportunity for a hearing. The hearing shall be held not less than ten (10) days after notice to the licensee. The licensee shall have an opportunity to be represented by counsel at the hearing. Prior to giving notice to the licensee, the County Health Officer shall notify the Secretary of the Department of Health and Mental Hygiene of his intention to suspend or revoke the license and the reasons therefor. The County Health Officer may proceed with the proposed suspension or revocation unless the Secretary shall have disapproved such action within fourteen (14) days of the mailing of the notice.

The County Health Officer may for failure to remedy serious violations of State and County laws, rules and regulations, restrict new admissions to any institution licensed under this Division. The licensee shall be given an opportunity to appeal the action by the County Health Officer to the County Council sitting as the Board of Health. The hearing shall be held not less than thirty (30) days after the action of the County Health Officer. The licensee shall have an opportunity to be represented by counsel at the hearing. The County Health Officer shall notify the Secretary of the Department of Health and Mental Hygiene of his intention to restrict new admissions as far in advance of the actions as practicable. The Secretary of Health and Mental Hygiene shall have the opportunity to participate as a party in the hearing to consider such restrictions.

Where the County Health Officer issues a corrective order, it shall contain a notice that if the County Health Officer determines that the person complained against has not, within the time specified in the order, corrected the violation and complied with the order, the County Health Officer will transmit the matter to the Office of Law for enforcement. If no appeal is pending before the County Council sitting as the Board of Health, the County Attorney is authorized to bring, in the name of the County, a body politic, any civil action necessary to enforce the orders of the County Health Officer.

Any party aggrieved by a decision of the County Health Officer with respect to the revocation of a license shall have the right to a hearing before the County Council sitting as the Board of Health. The hearing shall be held not less than thirty (30) days after notice to the license. Any party aggrieved by a final decision of the County Council sitting as the Board of Health shall be entitled to file an appeal within thirty (30) days to the Circuit Court for Prince George's County, Maryland. Such appeals shall be governed by the provision of the Maryland rules pertaining to administrative appeals.

The County Health Officer shall periodically review the State Regulations on nursing homes, domiciliary care homes, long term intermediate care facilities or personal care intermediate care facilities, subject to the rules and regulations contained in Sections 10.07.02, 10.07.03, 10.07.05 and 10.07.06 of the Code of Maryland Regulations (COMAR), and shall recommend to the County Board of Health where deemed necessary or desirable the adoption of additional or more stringent regulations.

Generally. The County Council, sitting as the Board of Health, by resolution, is hereby authorized and empowered to adopt and enforce from time to time all needful standards and regulations for the health, safety, welfare and physical requirements of the patients in institutions and for the implementation and enforcement of this Division and such rules and regulations may be in addition to, inclusive of and not in conflict with any rules and regulations of the State Board of Health applicable to such institutions; provided, however, that, before finally adopting or enforcing such regulations or before substantially revising such rules and regulations, the Board of Health shall give at least fifteen (15) days notice by publication, circular or otherwise as it may deem appropriate, informing all persons who may be interested in the enforcement of such rules and regulations that the Board of Health will hear such persons on a certain day named in such notice for the purpose of receiving and considering suggestions before the adoption or revision of such rules. Publication, etc. After adoption or revision of such regulations, the Board may, within a reasonable time thereafter, publish the regulations in such form as it may determine, and make copies of the regulations available at the County Health Department to all interested persons at a nominal fee as established by the County Health Officer.

Any person who shall establish, conduct, maintain or operate a nursing home, domiciliary care home, long term intermediate care facility, or personal care intermediate care facility subject to the rules and regulations contained in Sections 10.07.02, 10.07.03, 10.07.05 and 10.07.06 of the Code of Maryland Regulations (COMAR), without a license from the Prince George's County Health Department, or anyone who shall operate on a revoked license, shall be guilty of a misdemeanor and subject to a fine of One Thousand Dollars ($1,000.00) or up to six (6) months in confinement or both. Each day of operation shall constitute a separate offense.

It is the intent of this Division to protect the general welfare and public interests of the residents of the community, to safeguard the public interests against fraud, discrimination, deception, and similar abuses, and to eliminate unnecessary street congestion, delays, and traffic hazards caused by accident, mechanical failure, or any violation of law.

For the purpose of this Division the following words and phrases shall have the meanings respectively ascribed to them by this Section. Department means the Department of the Environment. Director means the Director of the Environment, or the Director's designee. License means the license to engage in the business of towing vehicles within the boundaries of Prince George's County, Maryland, and issued pursuant to this Division. License number means the number of the license issued by the Department. Motor Vehicle means any vehicle which is self-propelled or propelled by electric power obtained from overhead trolley wires, but not operated upon rails and shall include motorcycles which means a vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including a motor scooter, mopeds, and a bicycle with motor attached, but excluding a tractor. Person means a natural person or a firm, partnership, association or corporation. Police Department includes all law enforcement agencies authorized to enforce laws within the geographical boundaries of Prince George's County, Maryland, and those special police who have been appointed pursuant to the provisions of Title 4, Subtitle 9, Article 41, Annotated Code of Maryland. Storage means the holding, accommodation and protection of all motor vehicles. Towing means the moving or removing of a vehicle by a tow truck. Towing Company means a person or entity that provides towing services. Towing Service means the operation of removing or towing motor vehicles. Tow Truck means a vehicle capable of lifting or transportation a motor vehicle. Tow Truck Medallion Number means the number assigned by the Department to each tow truck operating under a license. Tow Truck Operator means any person who is the operator of a tow truck.

Except as provided in Section 5-266 of this Division, it shall be unlawful for any person to provide a towing service in Prince George's County, Maryland, without first having obtained a license from the Department. Each license shall be renewed on an annual basis. A person who provides a towing service in Prince George's County without a license is guilty of a misdemeanor and on conviction is subject to a fine not exceeding Five Thousand Dollars ($5,000.00) or imprisonment not to exceed six (6) months, or both. Any tow truck providing towing services without a license shall be subject to impoundment in accordance with regulations issued by the Director and may only be retrieved upon presentation to the Department of proof of license and/or payment of a fine of Five Thousand Dollars ($5,000.00).

The provisions of this Division shall not apply to the following: Persons towing their own motor vehicles; A towing company that tows without any charge, fees, or dues connected therewith and with permission of the owner or operator of a motor vehicle; A towing company that tows a motor vehicle into or through Prince George's County, Maryland, from a point outside the County; The transportation of motor vehicles for sale to and from licensed automobile dealers; A towing company licensed in another jurisdiction responding to a call from the owner or operator for the removal of a motor vehicle from the County into such other jurisdiction; A towing company owned or operated by the government of the United States, State of Maryland, Prince George's County, or any municipality within Prince George's County.

Application for a towing service license shall be made upon a form prescribed by the Director. In addition to such other information as the Director may reasonably deem necessary for purposes of the implementation, administration, and enforcement of this Subtitle, the application shall state the following: The name, address and telephone number of the applicant; and if the applicant is a partnership, the name, address and telephone number of each partner, or if the applicant is a corporation, the names, addresses and telephone numbers of the principal officers of the corporation and the state in which incorporated; the name and address of the authorized designated representative in the State of Maryland and the state in which incorporated; the tow truck's Vehicle Identification Number (VIN); proof of state registration and tag number; United States or Maryland Department of Transportation identification number and proof of insurance; and The business location from which towing services shall be provided and the location of any storage facilities. It shall be the duty of every licensee to inform the Department of any changes in business location or storage facility prior to the relocation from the business location listed on the application. Every application shall be signed and certified that the information given thereon is true and correct. The signature shall be that of the applicant if the applicant is an individual; or if the applicant is a partnership or corporation, the signature shall be that of an officer or partner or designated agent thereof.

The Director shall issue regulations specifying the prerequisites, qualifications and procedure for the issuance of two categories of license to provide towing services in the County. Level 1: Consensual Towing, the towing of a motor vehicle at the request of the owner or the owner's agent, insurer, primary lienholder or law enforcement officer; Level 2: Non-Consensual Towing, the towing of a motor vehicle from private property at the request of the owner of the property, the owner's designee, or law enforcement officer, and Consensual Towing. The annual license fee for each category of license shall be as follows: Level 1: Consensual Towing: $1,000.00; Level 2: Non-Consensual and Consensual Towing: $2,000.00. Each licensee shall be assigned a license number which shall be displayed on each licensed tow truck in accordance with subsection (g) of this section or the regulations issued by the Director. Each tow truck operating under a license shall be assigned a tow truck medallion number, which must be displayed on the tow truck in accordance with subsection (g) of this section or the regulations issued by the Director. A licensee shall be subject to a truck fee of twenty-five dollars ($25.00) per tow truck medallion issued by the Director. The Department is authorized to conduct an investigation prior to issuing a towing license as it deems necessary to determine the applicant's qualifications for each license, ability to engage in the licensed activity without detriment to the public and compliance with the regulations issued by the Director. The investigation shall include a determination of whether there is adequate storage and/or repair facilities at the locations specified on the application. Each storage facility listed on the application shall be in a place that is properly zoned for that use, allow entry and exit in a fashion not to jeopardize the safety of any operator or vehicle, and be readily available for the recovery of towed motor vehicles in a safe manner. The Director shall also provide for the inspection of licensed tow trucks to determine whether the towing apparatus is safe and capable of providing towing services. The license issued under this Division shall be prominently displayed at the licensee's established place of business. In case of loss, mutilation or destruction of a license, a duplicate may be issued at a cost of twenty-five dollars ($25.00) per license. Each tow truck shall have permanent signs or markings on both sides of the vehicle, in a color that contrasts with the color of the body paint and in letters not less than three (3) inches in height, the name, telephone number, and license number of the licensee for that tow truck. Each tow truck shall also display on the driver side fender a tow truck medallion number issued by the Department that contains the license number of the licensee for that tow truck. The licensee shall file with the Director a towing service price list. The licensee shall not make any changes in the towing service price list without first submitting revised price lists with the Director. Before providing any consensual towing service, each tow truck operator shall inform the owner or operator of the motor vehicle or the owner's representative of the towing service charges and provide an itemized Towing Service Work Order Statement, except no Towing Service Work Order Statement shall be required where the owner or operator of the motor vehicle or the owner's representative is not reasonably available or otherwise consents to the tow. In addition to such items as the Director deems appropriate by regulation, each Towing Service Work Order Statement shall contain the following: The name, business address, license number, and telephone number of the towing company, and the License Number and Tow Truck Medallion Number assigned to the tow truck; A brief description of the motor vehicle including the Vehicle Identification Number (VIN) and the motor vehicle license plate number; The location from which the vehicle is being towed and the location where the vehicle will be towed; The towing charge except in those cases where it is impractical under the circumstances to give a fixed charge, the Towing Service Work Order Statement shall describe the basis for such charge and provide an estimate of the anticipated cost; If appropriate, the rate chargeable per day for storage where the motor vehicle is to be stored. Upon payment of any fees for towing services, the tow truck operator shall sign and deliver a receipt for any payment to the owner and/or operator of the motor vehicle. The receipt shall be signed in a legible manner and be accompanied with a printed signature or a tow company issued employee identification number, as well as the license number of the towing company and the tow truck medallion number of the tow truck providing the towing service. The motor vehicle shall be moved to the licensee's storage or repair facility within Prince George's County unless directed otherwise by the Police Department or the owner of the vehicle, or the owner's authorized agent. The storage or repair facility shall not under any circumstances be any area other than his established place of business as designated in the license issued by the Department of Environmental Resources. Supplementary or overflow storage shall require separate offices, must be within Prince George's County and comply with all applicable zoning requirements. Any motor vehicle so moved shall only be stored and no work shall be done on such motor vehicle without the consent of the owner or operator. Storage charges may only commence eighteen (18) hours after the motor vehicle is towed. Each towing company licensed under the provisions of this Division shall be required to maintain a daily towing log. Such daily towing log shall be maintained by the licensee for one (1) year. The daily towing log shall include the following: The license plate number of the motor vehicle towed; The location the motor vehicle was towed to and from; The reasons for towing; The name and telephone number of the person authorizing the towing of the motor vehicle; The year, make and model of the vehicle towed; Copy of each notification letter, return receipt, and notice of publication for each motor vehicle towed; Additional pertinent information, other than financial, as required by the Director. Each towing company licensed under the provisions of this Division shall be required to make available for inspection by the Department of Environmental Resources or the Police Department such daily towing log as provided for in Subsection (l), above, and shall make available for inspection by the Police Department those motor vehicles so listed in the daily towing log which have been impounded or stored upon the storage or repair facility of the towing company. Each towing company licensed under the provisions of this Division which provides towing services shall have personnel present at its storage yard at all times when towing services are available for the purpose of releasing vehicles impounded pursuant to State or County law.

As a condition of issuance of a towing service license, each applicant shall furnish a surety bond in the sum of Ten Thousand Dollars ($10,000.00) payable to the County and executed by the applicant and a surety approved by the Director. Such bond shall be conditioned upon the applicant's compliance with the provisions of this Division and Subtitle 26, Division 10, and upon the condition that the applicant will pay any penalty or other obligation within thirty (30) days of its imposition, including but not limited to orders for reimbursement, issued by a hearing officer under Section 26-142.10. In lieu of a surety bond, the Director may allow a cash deposit equal to Ten Thousand Dollars ($10,000.00).

The Director is hereby authorized to promulgate and issue regulations regarding licensing which are necessary to implement the express provisions of this Division and its purpose and intent. Such regulations shall be adopted only after written notice to all licensees and after a public hearing, duly advertised, in the County newspapers of record, giving at least fifteen (15) working days notice, at which time all interested persons shall be afforded an opportunity to be heard.

Each person obtaining a towing license under the provisions of this Division shall forthwith file with the Department of Environmental Resources a copy of his insurance policy or a certificate of insurance demonstrating coverage for losses sustained by the owner of any motor vehicle due to negligence occurring during the time that the vehicle is in the custody of the towing service. Each person who registers a tow truck under Section 13-920 of the Transportation Article of the Maryland Annotated Code shall obtain commercial liability insurance in the amount of at least One Hundred Thousand Dollars ($100,000.00) per person, Three Hundred Thousand Dollars ($300,000.00) per occurrence of bodily injury liability, and One Hundred Thousand Dollars ($100,000.00) per occurrence property damage liability. In addition, each person shall provide proof of insurance for cargo, unhook and garageman operations as required by State law. Each person obtaining a towing license under the provisions of this Division shall also list Prince George's County as an additional insured. Each licensee shall also maintain worker's compensation coverage for the operators of it tow trucks.

The licensing requirement as to adequate storage and/or repair facilities within Prince George's County and capability of towing apparatus, insurance and maintenance of daily towing log shall be a continuing obligation of the licensee.

It shall be unlawful for any towing company or tow truck operator licensed under the provisions of this Division to move, tow, or store any motor vehicle to a place more than fifteen (15) miles from the place of removal or to a location outside of Prince George's County without the consent of the owner, operator, insurer or primary lienholder. It shall be unlawful for any towing company or tow truck operator by any statement or action, to make any false representation to the effect that such person conducting the towing service represents or is approved by any organization which provides emergency road service for motor vehicles, or to make false representation as to the name of the towing company. It shall be unlawful for any towing company or tow truck operator at the scene of an accident or breakdown to require the execution of an agreement to have repair work performed as a condition to providing towing service. It shall be unlawful for any towing company or tow truck operator to use any public space for the accommodation of a motor vehicle removed from the scene of an accident or breakdown, or impoundment, except as the use of any such space may be directed by a member of the Police Department. Notwithstanding Section 5-272(d)(1), it shall be unlawful for any tow truck operator to leave any abandoned vehicle at any place within the County in violation of Section 26-162(a) of Division 26 Vehicles and Traffic. It shall be unlawful for any tow truck operator to furnish any towing service at the scene of an accident or breakdown unless he has been authorized or called to such scene by the owner or operator of the motor vehicle or by a member of the Police Department. The Police Department shall only contract and use towing companies licensed by the Department. If the tow is at the request of the Police Department, the motor vehicle shall be removed by the towing company so called by the Police Department. In all cases of Police Department requested tows, the Police Officer requesting the towing service shall affix a sticker to the upper left-hand corner, rear window, of the motor vehicle designating the name of the towing service called to the scene of the accident or breakdown. Any violation of this Section by the towing company or tow truck operator shall be guilty of a misdemeanor and on conviction is subject to a fine not exceeding Five Thousand Dollars ($5,000) or imprisonment not to exceed six (6) months, or both for each offense.

The Director is hereby authorized to deny, suspend, revoke, or refuse to renew any licenses issued under this Division if the Director finds that: The applicant or licensee has failed to comply with any provision contained in the Prince George's County Code. The applicant or licensee furnished or made misleading or false statements on reports, certifications and written documents required by this Division. A court of competent jurisdiction has found an applicant for a license or a licensee guilty of criminal activity during the preceding three (3) years directly relating to the operation or business of towing or for a crime involving theft or a related crime involving dishonesty or theft of property or constitutes a series of crimes which include receiving or the sale of stolen motor vehicles. A plea of nolo contendere shall be deemed to be the equivalent of a conviction of guilty plea for purposes of this Division. A court of competent jurisdiction has found any tow truck operator guilty of a criminal act authorized by the licensee. A motor vehicle has been towed by a towing company without the consent of the owner or operator of the motor vehicle or without the direction of the Police Department or authorized under some authority of law. A tow truck operator has knowingly failed to comply with the specific requirement of any laws regulating the towing of motor vehicles. The licensee has failed to make available for inspection by the Director or the Police Department such daily towing log as required by Section 5-268 (m). The licensee has failed to allow the Police Department reasonable access to inspect any motor vehicle listed in the daily log that has been impounded or stored upon the storage facility of the towing company. The licensee has willfully and deliberately engaged in a course of conduct which is in violation of any provision of Division 8 of Subtitle 2 of the Prince George's County Code or the consumer protection laws of the State, or has repeatedly demonstrated a disregard for compliance with any provision or provisions of Division 8 of Subtitle 2 of the Prince George's County Code or the consumer protection laws of the State. The licensee has failed to comply with an order to reimburse the owner of a motor vehicle that was deemed improperly towed within fifteen (15) days of the order or failed to comply with any other order of a hearing officer resulting from a proceeding under this Code or such regulations as the Director may issue. The licensee has failed to accept a credit card for payment at its business location or storage facility more than five (5) times in a year. The licensee has failed to appear at a hearing three (3) times in a three (3) month period. The licensee has abandoned a vehicle in violation of Section 5-272(d)(2). No license shall be denied, suspended, revoked, or not renewed hereunder without the Director first notifying, in writing, the licensee and its resident agent, and providing the reasons for said denial, suspension, revocation or refusal to renew a license. The written notice shall be served by delivery of said notice to all parties by registered or certified mail. Any party aggrieved by a decision or action of the Director shall have the right to request a hearing within ten (10) calendar days after the date of such decision or action. At least fifteen (15) calendar days prior to the date set for the hearing, the Director shall notify the licensee to the proceeding and its resident agent in writing of the date, time and place set for the hearing and the charge made, and afford all parties the opportunity to be heard in person and by counsel in reference thereto. The written notice shall be served by the delivery of the notice to all parties by registered or certified mail. Within ten (10) working days following the hearing, the Director shall render a final decision and the reasons therefor in writing and shall forward a copy of the same to all parties by certified or registered mail. The Director may deny, suspend, revoke, or refuse to renew any license issued under this Division for a period of time determined by the Director to be just and reasonable in relation to the severity of the violations found to exist under this Section. If a license has been denied, revoked, or not renewed, the applicant shall not be eligible to apply for another license for a period of twelve (12) months after the date on which the Director rendered a denial, revocation or refusal to renew decision.

Any party aggrieved by a final decision of the Director with respect to the denial, suspension, revocation, or refusal to renew a license shall have the right to appeal any such decision to the Board of Appeals for Prince George's County, Maryland, within ten (10) calendar days after receipt of a denial, suspension, revocation or refusal to renew decision rendered by the Director. Appeals to the Board of Appeals from denial, suspension, revocation, or refusal to renew decision of the Director shall be on the record of the hearing before the Director. The Board may only reverse, modify, or remand the decision of the Director only if the decision of the Director is clearly erroneous, illegal, arbitrary or capricious, or unsupported by any substantial evidence. The Board shall not have the authority to issue an order which is in conflict with a lawful order of the Director, the requirements and provisions of this Division, federal or State law. The Board of Appeals shall render a final decision within forty (40) calendar days after receiving the notice of appeal. Any party aggrieved by a final decision by the Board of Appeals, including the Director, shall be entitled to file an appeal within thirty (30) days to the Circuit Court for Prince George's County, Maryland. Such appeals shall be governed by the provisions of the Maryland Rules pertaining to administrative appeals.

Except as provided otherwise in this Division, a violation by a person of any of the provisions of this Division is guilty of a misdemeanor and on conviction is subject to a fine not exceeding One Thousand Dollars ($1,000.00) or imprisonment not to exceed six (6) months, or both.

The Prince George's County Council finds and declares that discarded shopping carts constitute a nuisance, creating potential hazards to the health and safety of the public. These discarded carts create conditions of blight in the community, obstructing free access to sidewalks, streets and other public rights-of-way, impede emergency services as well as promote deterioration of County communities thereby reducing property values. It is the purpose of this Division to ensure that retail business owners take reasonable steps to prevent the removal of shopping carts from business premises, and when removed, to provide for prompt retrieval of such shopping carts.

The definitions set forth in this section shall govern the application and interpretation of this Division. County means the Prince George's County Government. Owner means any person or entity, who in connection with the conduct of a retail business, owns, leases, possesses, or makes a shopping cart available to customers or the public. For the purposes of this Division, owner shall also include store owner, manager, on-site manager, on-duty manager or other designated agent of the retail business. Premises means the entire area owned and utilized by the retail business that provides carts for use by customers, including any parking lot or other property provided by the cart owner for customer parking. Retail Business means any business located in Prince George's County which offers or provides twenty (20) or more shopping carts for the use of the customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the public, is a private club or business, or is a membership store. Retail business does not include a business operated by either a cooperative organized under the laws of the State of Maryland or a nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. Shopping Cart means a basket mounted on wheels or a similar device which is generally used in a retail business by a customer to transport goods of any kind.

Required Identification. Every shopping cart made available for use by customers of a retail business in Prince George's County must have a durable, weatherproof, and legible sign or marking that identifies the following information: the name of the retail business; the address of the retail business; working telephone number that may be used to return the shopping cart removed from the premises to the owner or retail business. Authority to Inspect. The County shall have the authority to inspect shopping carts provided by retail businesses in the County to determine compliance with this Division. Compliance Date and Certification. Each retail business shall comply with the requirements of this section by August 1, 2025. Each such business shall provide written self-certification of compliance to the County in a manner set forth in regulations implementing this Division.

Preventative Measures Required. Each retail business owner or manager shall implement one or more of the following measures to prevent the removal of shopping carts from the premises: Placing electronic or other disabling devices on all shopping carts; Requiring coin deposits (for example, twenty-five cents) for shopping cart use; Posting a security guard to prevent customers from removing shopping carts from the premises; Utilizing a cart control and retrieval company; Utilizing an in-house cart retrieval system; Other measures deemed appropriate and effective by the County as set forth in published regulations. Penalty for Non-Compliance. The County shall have the authority to fine retail businesses that fail to comply with the requirements of this section two thousand dollars ($2,000) per day after an initial written warning of non-compliance. Compliance Date and Certification. Each retail business shall comply with the requirements of this section by August 1, 2025. Each such business shall provide written self-certification of compliance to the County in a manner set forth in regulations implementing this Division.

Unlawful Discardment. It is unlawful to discard upon any public or private property other than the premises of the retail business from which the shopping cart was removed, regardless of whether such cart was removed from the premises with permission of the shopping cart owner. Presumption Upon Locating Shopping Carts. For the purposes of this Division, any shopping cart located on any public or private property other than the premises of the retail business from which such shopping cart was removed shall be presumed lost, stolen, or discarded. Presumed Ownership Based on Geography. Discarded shopping carts will be assumed to be the property of the retail business geographically closest to the cart's collection point based on logos, branding, retailer's name, or other identifying features.

Authority to Promulgate Regulations. The County is authorized to develop regulations to carry out the requirements of this Division. Publishing Regulations. Regulations developed to carry out the requirements of this Division shall be published.

Any notice of violation issued pursuant to this Division may be appealed in writing to the Board of Appeals of the County within ten (10) days of the date of the violation notice or such period as may be specified in the violation notice.

It is hereby declared that the County Council of Prince George's County, Maryland, has found that a number of establishments have been opened in Prince George's County for the purpose of offering live models for posing, sketching, photographing, and other purposes for paying customers, and that the unregulated proliferation of model studios and similar businesses disrupts the areas where they exist and facilitates the use of the premises for lewd displays and purposes. The Council further finds and declares that the licensing and regulation of model studios is required to protect and promote the public health, safety and general welfare.

For the purposes of this Division, the following words and phrases have the meanings assigned below, except in those instances in which the context clearly indicates a different meaning: Director. The Director of Permitting, Inspections, and Enforcement or the Director's duly authorized designee or agent. Erogenous areas. The pubic area, breasts, penis, scrotum, vulva, perineum, or anus. Figure model. Any person who poses to be photographed, sketched, observed, posed, viewed, painted, drawn, sculptured, or otherwise similarly depicted. Model studio. Any premises where a customer or patron, for a fee, is permitted to photograph, sketch, observe, view, paint, draw, sketch, sculpt or otherwise depict, or direct the poses of a live figure model in the nude or semi-nude. This definition shall not be construed to include a theatre, an accredited school or educational institution, or any similar type of cultural or educational use. Nude or seminude. Exposure of genitals, vulva, anus, pubic hair or cleft of the buttocks; or the exposure of any device which is intended to simulate the genitals, vulva, anus, pubic hair or cleft of the buttocks; or the exposure of any portion of the female breast at or below the areola.

It shall be unlawful for any person to engage in, conduct, carry on or operate or permit to be operated within the County a model studio unless an application therefor has been approved and a license issued by the Department of Permitting, Inspections, and Enforcement in compliance with this Division. Each application for a model studio shall be accompanied by an investigation fee of Two Hundred Fifty Dollars ($250.00), no part of which shall be refundable. Said fee shall not be in lieu of, and shall be in addition to, any license fee required by this Division. Upon receipt of said application, the Director shall refer the application to the Department of Permitting, Inspections, and Enforcement, Fire Department, Police Department, Health Department and the Prince George's County Planning Board of the Maryland-National Capital Park and Planning Commission, each of whom, within a period of thirty (30) days from the date of application, shall review records and make an inspection of the premises proposed to be used as a model studio and shall make a written recommendation to the Director concerning compliance with the law.

Every person conducting or engaging in business as a model studio shall pay an annual license fee of Five Thousand Dollars ($5,000.00). The license must be renewed one (1) year from the date of issue. The fee shall not be in lieu of, and shall be in addition to, any business license tax required to be paid.

Each application for a model studio license shall be upon a form provided by the Department of Permitting, Inspections, and Enforcement. Each such form shall contain the following information: A description of the facilities and services to be available on the premises of the proposed establishment. The location and mailing address of each applicant. The name, residence address, and home and business telephone numbers of each applicant. If the applicant is an association or a partnership, the names and resident addresses and home and business telephone numbers of each of the associates or partners. If the applicant is a corporation it shall state the names, home and business telephone numbers and residence address of each of the officers and directors of said corporation and of each stockholder, and provide a copy of the documents establishing the corporation. If one or more of the stockholders is itself a corporation, the names and residence addresses of each of the officers and directors of that corporation and of each stockholder of that corporation holding ten percent (10%) or more of the stock of that corporation. If the applicant is an individual, all other residences of the applicant for the three (3) year period immediately prior to the application. If the applicant is an association or a partnership, the names and residence of each associate or partner for the three (3) year period immediately prior to the application. If the applicant is a corporation, all the residences for a three (3) year period of each of the officers and directors of said corporation, and of each stockholder owning more than ten percent (10%) of the stock of the corporation. If the applicant is an individual, written proof that the applicant is eighteen (18) years of age or older. If the applicant is a partnership, written proof that each partner is eighteen (18) years of age or older. If the applicant is a corporation, written proof that each of the officers and directors of said corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation is eighteen (18) years of age or older. It shall be a prerequisite to the issuance of any license that the applicant or any affiliated person be eighteen (18) years of age or older. If the applicant is an individual, a complete set of the applicant's fingerprints. If the applicant is an association or partnership, a complete set of each associate's or partner's fingerprints. If the applicant is a corporation, a complete set of fingerprints of each of the officers and directors of the corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation. If one or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation, and owns thirty-three percent (33%) of the stock of the applicant corporation, a complete set of fingerprints of each of the officers and directors of said corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation. The fingerprints shall be taken by the Chief of Police, or his designee. If the applicant is an individual, the business, occupation, or employment of the applicant for the three (3) year period immediately preceding the date of the application. If the applicant is an association or partnership, the business, occupation, or employment of each associate or partner for the three (3) year period immediately prior to the date of the application. If the applicant is a corporation, the business, occupation, or employment of each officer and director of the corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation for the three (3) year period immediately preceding the date of the application. The history of the applicant in the operation of model studios or any similar business or occupation, including, but not limited to, whether or not such person, in previously operating in this or another city or state under permit or license, has had such permit or license revoked or suspended and the reason therefor, and the business activity or occupation of the applicant subsequent to such action or suspension or revocation. The criminal record, if any, other than misdemeanor traffic violations, of the applicant. If the applicant is an association or partnership, the criminal record of each associate or partner. If the applicant is a corporation, the criminal record of each officer or director of the corporation and each of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation and owns thirty-three percent (33%) of the stock of the applicant corporation, the criminal record of each stockholder owning more than ten percent (10%) of the stock of the corporation. The name of the operator or manager of the model studio. If the operator or manager of the model studio is not an applicant, then the operator or manager must provide the information required in paragraphs (1) through (9) of this Section and will be considered as an applicant for the purpose of Section 5-320 and as a licensee for the purposes of Section 5-327. Every applicant for a model studio license and every licensee shall be subject to a continuing duty to supply to the Director current information with respect to the items set forth in Subsection (a) of this Section, such report to be made within fourteen (14) days of learning of any change. Failure to report a change in that information after learn of it shall be grounds for revocation of the license.

It shall be unlawful for any person to operate or manage a model studio without a valid, nonsuspended license issued pursuant to this Division.

Every person operating or managing a model studio shall pay an annual license fee of One Hundred Dollars ($100.00). The license shall be renewed one year from date of issue. The fee shall not be in lieu of, and shall be in addition, to, any business license tax required to be paid.

Each application for a model studio operator's or manager's license shall be upon a form provided by the Department of Permitting, Inspections, and Enforcement. Each such form shall contain the following information: The applicant's full name, residence address, and residence telephone number. The name and address of the model studio where the applicant is to be employed and the name of the owner of same. The criminal record, if any, other than misdemeanor traffic violations, of the applicant. A complete set of the applicant's fingerprints which shall be taken by the Chief of Police or his designee. Written proof that the applicant is eighteen (18) years of age or older. Three (3) color photographs of the applicant, not greater than two inches square as determined by the Department of Permitting, Inspections, and Enforcement. One photograph shall be sealed on the license issued to a successful applicant. One photograph shall be retained in the files of the Department of Permitting, Inspections, and Enforcement and the other photograph shall be forwarded to the Police Department, which shall maintain files for operator or manager license applicants and licensees. Every applicant or holder of a model studio operator or manager's license shall be subject to a continuing duty to supply to the Director current information with respect to the items set forth in paragraph (a) of this Section, such report to be made within fourteen (14) days of learning of any change. Failure to report a change in that information after learning of it shall be grounds for revocation of the license.

Upon receipt of the application and fee as provided for in the preceding Sections, the Director or his designee shall make or cause to be made a thorough investigation of the applicant and corporate officers, directors, and shareholders owning more than ten percent (10%) of the capital stock, and general partners, of the applicant. The Director shall forward a copy of every application for a license under this Division to the Chief of Police, who shall make or cause to be made a complete criminal history and personal background investigation of every applicant and all associated persons identified in the application. The Chief of Police shall report the findings of the investigation to the Director with the recommendations of the Police Department as to licensure of the applicants. The Director shall deny any application for a model studio license or a model studio operator or manager's license under this Division if the Director finds: That the applicant, or if the applicant is a partnership or association, any partner or members thereof, or if the applicant is a corporation, any officers, directors, or shareholders owning ten percent (10%) or more of the capital stock or if one or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation and owns thirty-three percent (33%) or more of the stock of the applicant corporation, any officer or director of that corporation or shareholder owning ten percent (10%) or more of the capital stock of that corporation within the preceding ten (10) years have been convicted of or with respect to whom a court has accepted a plea of nolo contendere to or suffered a forfeiture or who has had the benefit of a disposition under Section 292 or Section 641, Article 27, Maryland Annotated Code, on a charge of violating any provision included in Sections 12, 15, 36, 36B, 41, 121, 122, 125, 237 through 246, 286, 286A, 287, 287A, 290, 335, 335A, 342, 384, 385, 386, 387, 407 through 411, 416A through 416G, 418, 419A, 426 through 432, 461 through 465, 486, 488, 553 or 554, Article 27, Maryland Annotated Code (1976 Repl. Vol.), or any one or more of those provisions, as the same may be amended, or on a charge of violation of a similar law in any other jurisdiction, or any felony; or That the applicant, or if the applicant is a partnership or association, any partners or members thereof, or if the applicant is a corporation, any officers, directors, or shareholders owning ten percent (10%) or more of the capital stock, or if one or more of the stockholders owning more than ten percent (10%) of the applicant corporation, is itself a corporation and owns thirty-three percent (33%) or more of the stock of the applicant corporation, any officer or director of that corporation or any shareholder owning ten percent (10%) or more of the capital stock of that corporation has been convicted, or with respect to whom a court has accepted a plea of nolo contendere, or suffered a forfeiture or has had the benefit of a disposition under Section 292 or Section 641, Article 27, Maryland Annotated Code on a charge of violating any Section of this Division relating to model studios, or on a charge of violation or a similar law in any other jurisdiction; or That the applicant, or if the applicant is an association or partnership, any associate or partner thereof, or if the applicant is a corporation, any officer, director, or shareholder owning ten percent (10%) or more of the capital stock is under the age of eighteen (18) years; or That the applicant, or if the applicant is a partnership or association, any partner or associate thereof, or if the applicant is a corporation, any officers, directors, or shareholders owning ten percent (10%) or more of the capital stock or if one or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation and owns thirty-three (33%) or more of the stock of the applicant corporation, any officer or director of that corporation, or shareholder owning ten percent (10%) or more of the capital stock of that corporation made a false statement on the application. That the granting of the license is not necessary for the accommodation of the public in the community proposed as the location of the model studio. That the premises for which a model studio license is sought has not the minimum facilities required by this Division, or does not comply with the Building Code, Electrical Code, Plumbing Code, Zoning Ordinance or any other law, ordinance or regulation of the United States, the State of Maryland, Prince George's County or any municipality applicable to the premises. Before the Director shall act upon the application, the Director shall schedule and give notice of the time and place of a public hearing to consider the application. The hearing shall be conducted by a hearing examiner, who may be an attorney on the staff of the Office of Law. The Director shall notify the applicant in writing of the time and place of the hearing, not less than 14 days prior to the scheduled date. The Director shall cause a notice of the hearing to be published in two newspapers of record at least two times in two successive weeks, the last publication of which shall be not less than seven (7) nor more than thirty (30) days prior to the scheduled date of the hearing. The published notice shall specify the name of all applicants, the kind of license for which application is made, the location of the place for the model studio proposed to be licensed, and the time and place fixed by the Director for the hearing. The applicant shall bear the expense of publication of the notice and shall deposit with the application, either in cash or by a certified, treasurer's or cashier's check or money order made payable to Prince George's County, Maryland, the sum of $500.00 to cover publication costs. At the public hearing, the hearing examiner shall first hear the applicant in support of the application. The hearing examiner shall then hear any other person supporting the application. The hearing examiner shall then hear any person opposing the application. After the close of all evidence, the hearing examiner shall make a written report to the Director of his findings of fact and recommended action with respect to the application. The Director shall act upon the application within one hundred twenty (120) days after the public hearing. The Director shall give notice of his decision to the applicant in writing.

No license issued under this Division shall be transferable from one person or establishment to another.

A change of location of a licensed model studio may be approved by the Director; provided however, that all applicable provisions of the Code, including this Division are complied with and a change of location fee of Five Hundred Dollars ($500.00) has been paid. A public hearing pursuant to Section 5-321(c) shall be required before the change of location may be approved or disapproved.

Model studio facilities shall be located in a proper zoning district as specified in the Zoning Ordinance, Subtitle 27, Prince George's County Code. Model studio facilities shall comply with all requirements of the Building Code, Subtitle 4, Prince George's County Code, as amended. A recognizable and legible sign shall be posted at the main entrance identifying the premises as a model studio. Any sign shall comply with the requirements of the Zoning Ordinance, Subtitle 27, Prince George's County Code.

Every person to whom a model studio license shall have been granted shall display said license in a conspicuous place in the model studio so that it may be readily seen by persons entering the premises. Every person to whom a manager's or operator's license shall have been granted shall, while in the model studio, display in a conspicuous place in the model studio said operator's or manager's license. A copy of the model studio ordinance, consisting of Division 23 of Subtitle 5 of the Prince George's County Code, shall be displayed in a conspicuous place in the model studio so that it may be readily seen and read by persons entering the premises and employees of the model studio. A sign shall be posted in a conspicuous place visible from the main entrance of the model studio containing the following message in letters of at least one and one-half (1 1/2) inches in height and a corresponding width: "PATRONS ARE PROHIBITED FROM DISROBING ON PREMISES."

The designees of the Fire Department, the Chief of Police, and the Department of Permitting, Inspections, and Enforcement are hereby authorized to enter, examine and survey during the business hours any premises in the County for which a model studio license has been issued pursuant to this Division for the purpose of enforcing the provisions of this Division, and for other official purposes. This Section shall not restrict or limit the right of entry vested in any law enforcement agency.

It shall be unlawful for anyone to engage in, operate, manage, conduct, or carry on a model studio without a valid, nonsuspended license issued pursuant to this Division. It shall be unlawful for any person, in a model studio, to place his or her hands upon, to touch with any part of his or her body, or to fondle in any manner, an erogenous area of any other person. It shall be unlawful for any patron or customer to disrobe or to expose his or her erogenous area, or any portion thereof, to any other person while on the premises of a model studio. It shall be unlawful for any person owning, operating or managing a model studio to cause, allow, or permit in or about such model studio, any agent, employee, or any other person permitted or invited upon the premises to perform any act prohibited in Subsections (a), (b), or (c) of this Section.

Any person violating the provisions of this Division shall be punished as provided in Section 1-123 of this Code.

Any model studio license or operator or manager license granted under this Division shall be denied or revoked by the Director after notice and hearing if the licensee, or if the licensee is a partnership or association, any partner or member thereof, or if the licensee is a corporation, any officer, director, or shareholder owning ten percent (10%) or more of its capital stock: Has been convicted of or with respect to whom a court has accepted a plea of nolo contendere to or has had the benefit of a disposition under Section 292 or Section 641, Article 27, Maryland Annotated Code or similar legislation in another jurisdiction or suffered a forfeiture, on a charge of violating any provision included in Sections 15, 286, 286A, 287, 287A, 290, 335, 335A, 416A through 416G, 418, 419A, 426 through 432, 461 through 465, 553, or 554, Article 27, Maryland Annotated Code (1976 Repl. Vol.), or any one or more of those provisions as the same may be amended, or on a charge of violation of a similar law in any other jurisdiction, or any felony; or Has been convicted, or with respect to whom a court has accepted a plea of nolo contendere or has had the benefit of a disposition under Section 641, Article 27, Maryland Annotated Code or similar legislation in another jurisdiction, or suffered a forfeiture, on a charge of violating any provision of this Division relating to model studios, or on a charge of violating a similar law in any other jurisdiction; or Made a false statement on the application; or Has failed to report a change in any of the information required by Section 5-317(a) or Section 5-320(a) within fourteen (14) days of learning of said change; or Has violated any provision of Section 5-327 relating to unlawful acts, as determined by the Director, upon the evidence adduced at a hearing before the Director or his designee to consider any proposed revocation of a model studio license under this Section. Notice of the hearing before the Director or his designee for revocation of the license shall be given in writing, setting forth the grounds of the complaint and the time and place of hearing. Such notice shall be mailed by certified mail to the licensee's last known address at least ten (10) days prior to the date set for hearing. If the Director finds that the model studio for which the model studio license was issued or the model studio operator or manager to whom the model studio operator or manager license was issued does not conform to the standards set forth in Subdivision 3 of this Division, or that the licensee has refused the Director or other authorized person the right to enter the premises to enforce the provisions of this Division, the Director may enter an order for the immediate suspension of the model studio license or the model studio operator or manager license until such time as he finds that the reason for such suspension no longer exists. A copy of the order shall be sent to the licensee at his place of business by certified mail, which order shall set forth the reasons for said suspension. The licensee shall be afforded an opportunity to be heard by the Director or his designee within fourteen (14) days after the suspension. Notice of the hearing shall be mailed by certified mail to the licensee's business at least ten (10) days prior to the date set for hearing. No person shall operate a model studio when subject to an order of suspension. Any model studio license granted under this Division shall be suspended by the Director for six (6) months if more than two (2) incidents resulting in convictions of or pleas of nolo contendere to or dispositions under Section 292 or 641, Article 27, Maryland Annotated Code for, any violation of any provision of this Division or of any provision included in Sections 15, 286, 286A, 287, 287A, 290, 335, 335A, 416A through 416G, 418, 419A, 426 through 432, 461 through 465, 553, 554, 12, 36, 36B, 41, 121, 122, 125, 237 through 246, 342, 384, 385, 386, 387, 406 through 411, 486, or 488, Article 27, Maryland Annotated Code (1976 Repl. Vol.), or any one or more of those provisions, as the same may be amended, by any person or persons whosoever, shall have occurred on the premises of the model studio within one twelve (12) month period. The licensee shall receive notice of such suspension and shall be entitled to a hearing before the Director. The notice shall be given in writing, shall set forth the grounds for the suspension, and shall state the time and place of the hearing. Such notice shall be mailed by certified mail to the licensee's last known address at least ten (10) days prior to the date set for the hearing. In addition to and not in lieu of the penalties prescribed in Section 5-328 and the enforcement measures provided in Subsections (a), (b), (c), (d), (f), (g), or (h) of this Section, the County, by the Office of Law may enforce this Division by actions for appropriate legal and equitable relief in the Circuit Court for Prince George's County, Maryland, including, but not limited to, actions for mandatory or prohibitory injunctions to require compliance with this Division. In addition to or in lieu of the enforcement measures prescribed in Subsections (a), (b), (c), (d), and (e) of this Section, the Director may assess and require the payment of a civil penalty not to exceed the amount of Five Hundred Dollars ($500.00) for each violation of this Division. The Director or his designee, with the assistance of the Police Department, if necessary, is authorized and empowered to take any measures reasonably necessary to effect the closing or otherwise prevent the operation of any business or establishment which the Director finds to operate or conduct business in violation of this Division: When the Director, after notice and opportunity for hearing, has made an order suspending or revoking a model studio license; or When the Director determines that a business is a model studio required to be licensed, gives notice of that order or determination and directs the business to comply with this Division, and the business or its owners or principals fails to comply. The Director, without limitation, may take the following measures: Lock or secure the premises of the establishment or business or otherwise deny entry thereto; Seize the premises of the establishment and its furniture, equipment, books and records; Order the premises to be vacated and post therein and on the exterior thereof notices that the business is closed by order of the Director and that no person is to enter the premises without permission of the Director or the Chief of Police.

The Director or his designee shall at regular intervals inspect the premises of every model studio to determine that it is operated in compliance with this Division. If a properly identified inspector or officer is denied entry to any model studio at any reasonable time, the Director shall immediately suspend the license of the model studio or the use and occupancy permit of the business, given notice of the suspension, take steps to effect the closing of the establishment or business, and forthwith hold a hearing before the Director or his designee to determine whether the license or use and occupancy permit should be reinstated, permanently revoked, or continue to be suspended, as the Director may determine to be appropriate. The Director or his designee may request the Director of Finance or his designee to inspect and audit the financial books and records of all model studios to determine the continuing compliance with the provisions of this Division. The Director or his designee shall give written notice of the Department's intent to inspect books and records to the model studio. The notice shall state the date, time and place of the audit. The model studio shall produce its books and records at that time and place. If the model studio or its owners or principals unreasonably refuse or fail to produce the books and records after notice, the Director shall immediately suspend the license of the model studio or the use and occupancy permit of the business, give notice of the suspension, take steps to effect the closing of the establishment or business, and forthwith hold a hearing, upon due notice before the Director or his designee, to determine whether the license or use and occupancy permit should be reinstated, permanently revoked, or continue suspended, as the Director may determine to be appropriate. Every model studio licensee shall prepare and submit to the Director annually with his application for license renewal a certified financial statement, including a statement of income by sources and a statement of financial condition, with respect to the licensed establishment for the year prior to the date upon which the licensee submits his application for license renewal. Every model studio shall maintain complete and accurate books and records of the income of the establishment and the income of any persons who offer to render or render services within that establishment, setting out with specificity the items of services or goods which generate the income of the establishment or the income of persons associated with the establishment.

Any person aggrieved by an act or determination of the Director pursuant to this Division, including, but not limited to, suspension or revocation of any license, or a determination that a business is a model studio required to be licensed, may appeal such act or determination to the Prince George's County Board of Administrative Appeals within ten (10) calendar days after receipt of notice of the act or determination of the Director. When the Director has conducted a hearing and issued an order, the Board of Administrative Appeals shall review the record of the proceedings before the Director. The Board may reverse, modify or remand the decision of the Director only if the decision of the Director is clearly erroneous, or arbitrary and capricious, or unsupported by any substantial evidence.

Any party aggrieved by a decision of the Board of Appeals pursuant to Section 5-330 herein may appeal that decision to the Circuit Court for Prince George's County, Maryland. The appeal shall proceed in accordance with the provisions of Chapter 1100, Subtitle B, Maryland Rules of Procedure.

The County Council of Prince George's County, Maryland, declares that the operation of model studios in violation of this Division causes and threatens real and substantial injury to the public health, safety, welfare and morals and that the operation of model studios in violation of the provisions of this Division constitutes a public nuisance. In addition to the other remedies prescribed in this Division, the County, by the Office of Law may bring equitable actions to abate such public nuisances.

Massage Therapy means the manipulation of soft tissue and may include, but is not limited to, effleurage, petrissage, tapotement, compression, vibration, friction, nerve stroker, and other Swedish movements, either by hand or with mechanical or electrical apparatus, for the purpose of body massage. Massage therapy may include the use of oil, salt glows, hot and cold packs, and other externally applied materials. Massage therapy is not a health occupation and shall not include diagnosis or any service or procedure for which a license to practice medicine, chiropractic, podiatry, or any other occupation which requires licensure by the State. Massage Therapist means any individual who practices massage therapy. Massage therapist does not include athletic trainers, technicians, or physical therapists who act under the prescription or supervision of a person who holds a license to practice medicine or surgery.

No person shall engage in, conduct, or practice massage therapy without a valid, nonsuspended license issued by the Department of Permitting, Inspections, and Enforcement pursuant to this Division.

Every person engaging in, conducting, or practicing massage therapy shall pay an annual license fee of Seventy-five Dollars ($75.00), which shall defray the cost of regulation. Every person engaging in, conducting, or practicing massage therapy shall have either: Graduated from a school of massage therapy accredited by the American Massage Therapy Association; or Received a passing grade on the National Certification Examination for Therapeutic Massage and Body Work administered by the National Certifications Board for Therapeutic Massage and Body Work. A person who has not received a passing grade on the National Certification Examination for Therapeutic Massage and Body Work may apply for a provisional license for a period not to exceed one year. A person who desires to engage in, conduct, or practice massage therapy prior to receiving a passing grade on the National Certification Examination for Therapeutic Massage and Body Work shall have: Completed a course of 500 hours in a school of massage certified by a government agency or by a nationally recognized association of professionals trained in massage; or Obtained a license valid in another state. The Director shall refer the license application to the Chief of Police who shall review criminal justice records and report to the Director the results of the review. The cost of each background criminal records check shall be borne by the applicant.

It shall be unlawful for any person to engage in, conduct, or practice massage therapy without a valid, nonsuspended license issued pursuant to this Division.

Any person who violates the provisions of this Division shall be punished as provided in Section 1-123 of this Code.

Any person licensed in accordance with this Division shall be exempt from the licensing provisions of Subtitle 5, Division 9A, of this Code.

The purpose and intent of this legislation is to improve public safety and reduce commercial crime by strengthening safety standards at convenience stores and gas stations. This legislation establishes reasonable and uniform laws to promote the health, safety, and welfare of the citizens and residents of the County. The provisions of this law are in response to violent crimes taking place in or in close proximity to convenience stores and gas stations throughout the County.

The following words, as used in this Division, shall for the purpose of this Division, have the meanings respectively ascribed to them in this Section: Business Regulation Article shall mean the Business Regulation Article of the Annotated Code of Maryland. Convenience store shall mean any food or beverage store that is 15,000 square feet or less, that is open for business anytime from 11:00 p.m. to 6:00 a.m. that provides retail sales of food, beverages, and sundries primarily for home consumption, and may include food or beverage preparation. Convenience store does not include a Department or Variety Store that provides incidental sales of candy, gum and similar non-refrigerated items at a check-out counter, or in a standard vending machine. Credit Price shall mean the total amount, including any fees, payable to a gas station by a customer using a credit card or other non-cash form of payment, for one whole measurement unit of regular gasoline sold on the premises. Gas Station shall mean a building or lot having pumps and storage tanks, where the primary use is the retail sale of motor vehicle fuels. Vehicle related services may be offered incidental to the primary use. Police Department shall mean the Prince George's County Police Department. Police Chief shall mean the Chief of the Prince George's County Police Department. Police Officer shall mean a sworn member of the Prince George's County Police Department. This legislation applies to convenience stores and gas stations that are open for business anytime from 11:00 p.m. to 6:00 a.m.

A convenience store owner or gas station owner of a sole proprietorship shall register or designate a representative to register with the Department of Permitting, Inspections, and Enforcement. If a convenience store or gas station is privately owned by multiple individuals, each party shall register with the Department of Permitting, Inspections, and Enforcement or designate a representative to register with the Department of Permitting, Inspections, and Enforcement. If a convenience store or gas station is owned by a corporation, the registered agent of the owner shall register with the Department of Permitting, Inspections, and Enforcement. Any change in ownership shall be updated with the Department of Permitting, Inspections, and Enforcement by the end of the 30th day after the effective date of new ownership. All registration shall be completed by January 1, 2014. As a condition of a use and occupancy permit or continuation of a use and occupancy permit, all registration for a convenience store or gas station is required. A convenience store manager and gas station manager shall register with the Department of Permitting, Inspections, and Enforcement. If the store is managed by an agency, the agency must register with the Department of Permitting, Inspections, and Enforcement. Any change in management shall be updated with the Department of Permitting, Inspections, and Enforcement by the end of the 30th day after the date of hire by ownership. Each new employee shall complete a safety training program provided by their employer or a training video provided by the Police Department before their first workday. Employees hired prior to the effective date of this legislation shall complete safety training before the end of the 30th day after the effective date of this legislation. Training shall include, but not be limited to, drop safe, cash handling procedures, and what to do in the event of a robbery. The employer's safety training program shall be reviewed for adequacy by the Police Department. A convenience store owner or registered agent of the owner shall participate in a criminal trespass affidavit program as designated by the Director of the Department of Permitting, Inspections, and Enforcement. A copy of the trespass affidavit shall be posted in a highly visible location next to a public entrance.

A convenience store owner shall install a surveillance camera system with a minimum of three highly visible digital, high-resolution color cameras that produce a minimum of sixty (60) pixels per foot. The security cameras shall be able to retrieve an identifiable image of an offender. One camera shall be placed above the cash registers at an angle to identify persons, one camera shall be placed in view of the public entrance and one camera shall be placed to view the exterior parking lot. Stores shall record 24 hours a day and motion sensing cameras shall record when activated. Recordings shall be retained for at least 30 days, even if a store is closed. An exception shall be made for natural occurrences that would affect camera function. Security cameras shall have an annual test photo and maintenance log showing maintenance every four months. All security cameras shall be set to report the actual date and time. Only management shall have access to the cameras. A convenience store owner shall install a drop safe bolted to the floor behind the cash register or in an adjacent office. Both locations must be in view of a high resolution surveillance camera. A gas station owner without a convenience store shall install a drop safe or establish another mechanism to ensure that no more than one hundred fifty dollars ($150.00) is in the cash register on the premises anytime between the hours of 11:00 p.m. to 6:00 am. A gas station owner without a convenience store shall install a secured surveillance camera system with a minimum of three highly visible digital, high-resolution color cameras that produces a minimum of sixty (60) pixels per foot. One camera shall be placed above the cash registers at an angle to identify persons, one camera shall be placed in view of the public entrance and one camera shall be placed to view the exterior parking lot. Stores shall record 24 hours a day and motion sensing cameras shall record when activated. Recordings shall be retained for at least 30 days, even if a store is closed. An exception shall be made for natural occurrences that would affect camera function. Security cameras shall have an annual test photo and maintenance log showing maintenance every four months. All security cameras shall be set to report the actual date and time. Only management shall have access to the cameras. A gas station shall provide window only access if the gas station is open anytime between the hours of 11:00 p.m. to 6:00 a.m. and if the gas station currently has window only access on-site.

As a condition of their use and occupancy permit, convenience stores and gas stations cannot keep more than one hundred fifty dollars ($150.00) in any cash register on the premises at all times between 11:00 p.m. to 6:00 a.m. A written cash management policy that limits cash on hand in the convenience store or gas station from 11:00 p.m. to 6:00 a.m. shall be provided to all employees.

All convenience stores and gas stations shall maintain an unobstructed line of sight allowing a clear view of and from the cash register and sales area. Windows and doors shall be clear of all items that would obstruct a clear view from three feet above the ground to at least six feet above the ground. Convenience stores and gas stations shall post highly visible window signs in English and Spanish detailing: (1) There is a drop safe in the store; (2) Employees do not have access to the safe; (3) There is an active security system on the premises, if applicable; (4) 'No Loitering' and 'No Trespassing'; and (5) There is limited cash in cash registers at anytime between the hours of 11:00 p.m. and 6:00 a.m. All gas stations shall comply with Section 10-315 of the Business Regulation Article. If the gas station posts a sign under Section 10-315(e) of the Business Regulation Article, include within the sign, additional pricing information required under subsection (e) of this Section. A sign posted by a gas station under Section 10-315(e)(2) of the Business Regulation Article must also include, clearly and visibly, the highest credit price.

Convenience stores and gas stations that violate any provision of Division 25 shall be charged a civil monetary fine of One Hundred Dollars ($100.00) for the first offense, Two Hundred Fifty Dollars ($250.00) for the second offense, Five Hundred Dollars ($500.00) for the third offense, and One Thousand Dollars ($1,000.00) for every subsequent offense every calendar year. The Director of the Department of Permitting, Inspections, and Enforcement may suspend or revoke the use and occupancy permit of a convenience store or gas station for multiple violations after the fourth offense pursuant to Subsection (a) in two (2) or more consecutive calendar years. An appeal from any decision, ruling, or order issued under the provisions of this Division may be made to the Board of Appeals within ten (10) days after the decision, ruling or order. A notice of appeal shall be filed with the Director of Permitting, Inspections, and Enforcement, directed to the Board, specifying the grounds and relief sought.

Based on public testimony and other evidence before it, including information, studies and court decisions from other jurisdictions, the Prince George's County Council makes the following legislative findings and statement of policy: The County Council recognizes that some activities that occur in connection with adult-oriented businesses are protected as expressive speech and does not intend to suppress or infringe upon expressive activities protected by the First Amendment of the United States Constitution and by the Maryland Constitution, but instead desires to enact reasonable time, place and manner regulations that address the adverse secondary effects of adult-oriented businesses. The County Council further recognizes that First Amendment rights are among our most precious and highly protected rights, and wishes to act consistently with full protection of those rights. This ordinance is not intended to interfere with legitimate expression but to avoid and mitigate the secondary effects enumerated above. The County Council finds that adult oriented businesses may and do generate secondary effects which are detrimental to the public health, safety and welfare. Among those secondary effects are: Prostitution and other sex related offenses; Drug use and dealing; and Health risks through the spread of AIDS and other sexually transmitted diseases. The County Council finds that licensing of persons who operate and manage adult oriented businesses and persons who provide adult-oriented entertainment will further the goals of the ordinance by enabling the County to ascertain if an applicant is underage or has engaged in criminal or other behavior of the sort the ordinance is designed to limit. This information will enable the County to allocate law enforcement resources effectively and otherwise protect the community. The County Council finds that limiting proximity and contact between adult entertainment performers and patrons promotes the goal of reducing prostitution and other casual sexual conduct and the attendant risk of sexually transmitted diseases. The County Council finds that the harmful secondary effects of adult oriented businesses are more pronounced when conducted continuously or during late night hours. The County Council finds that Prince George's County continues to experience a high demand for public safety services at and adjacent to adult entertainment premises. The County Council finds that certain activities occurring on premises offering adult entertainment are disruptive to commercial and residential communities that they adjoin, and are otherwise detrimental to the public health, safety, and general welfare of the citizens and residents of the County. The Council also finds that it has substantial public interest in preserving societal order by the regulation of adult-oriented businesses. The fees established for licenses and permits in this ordinance are based on the estimated cost of implementation, administration and enforcement of the licensing program.

The following definitions apply in this Division: Adult Entertainment means any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance involves a person who: Is unclothed or in such attire, costume or clothing as to expose to view any portion of the breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals; or Touches, caresses or fondles the breasts, buttocks, anus, genitals or pubic region of another person, or permits the touching, caressing or fondling of his/her own breasts, buttocks, anus, genitals or pubic region by another person, with the intent to sexually arouse or excite another person. Adult entertainment premises means any premises to which the public, patrons or members are invited or admitted and wherein an entertainer provides adult entertainment to a member of the public, a patron, or a member. Chief means the Chief of Police or the Chief's designee. Department means the Prince George's County Police Department. Employee means any and all persons, including managers, entertainer and independent contractor, who work in or at or render any services directly related to, the operation of adult entertainment premises. Entertainer means any person who provides adult entertainment within an adult entertainment premises as defined in this Section, whether or not a fee is charged or accepted for entertainment. Entertainment means any exhibition or dance of any type, pantomime, modeling or any other performance. Manager means any person who manages, directs, administers, or is in charge of, the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment premises. Natural person means any individual. Operator means any person operating, conducting or maintaining an adult entertainment business. Person means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized. Public place means any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plaza, parks, driveways, parking lots, and automobiles whether moving or not. Reckless or recklessly means a person knows or should know of and disregards a substantial risk that a wrongful act may occur and his or her disregard of such substantial risk is a gross deviation from conduct that a reasonable person would exercise in the same situation.

Beginning October 16, 2006, it shall be unlawful for a person to operate or maintain an adult entertainment premises in Prince George's County unless the owner, operator or lessee thereof has obtained from the Chief a license to do so, to be designated an "adult entertainment premises". Beginning October 16, 2006, it shall be unlawful for any entertainer, employee or manager to knowingly work in or about, or to knowingly perform any service or entertainment directly related to the operation of, an unlicensed adult entertainment premises.

Beginning October 16, 2006, it shall be unlawful for any person to work as an entertainer or manager at an adult entertainment premises without having first obtained from the Chief a license to do so, to be designated as an "adult entertainer's license" or an "adult entertainment manager's license," respectively.

The license year for all fees required under this Division shall be from January 1st to December 31st. All license fees shall be payable on an annual basis, which fees shall be as follows: Adult entertainment premises license, Six Hundred Fifty Dollars ($650.00) per year; Adult entertainer's license, Two Hundred Dollars ($200.00) per year; Adult entertainment manager's license, Two Hundred Dollars ($200.00) per year.

Adult entertainment premises license. All applications for an adult entertainment premises license shall be submitted in the name of the person proposing to conduct such adult entertainment on the premises and shall be signed by such person. All applications shall be submitted on a form supplied by the Chief, and shall require the following information: The name, residence address, home telephone number, date and place of birth of the applicant; The business name, address and telephone number of the establishment; The names, residence addresses, residence telephone numbers, and dates of birth of any partners, corporate officers and directors; Addresses of the applicant for the five (5) calendar years immediately prior to the date of the application; A description of the adult entertainment or similar business history of the applicant; whether such person or entity, in previously operating in this or another city, county or state, has had a business license revoked or suspended, the reason therefor, and the activity or occupation subjected to such action, suspension or revocation; A description of the business, occupation, or employment of the applicant for the three (3) calendar years immediately preceding the date of the application; Such license application shall include the name of at least one (1) natural person whose name and mailing address, which shall be an address located within the State of Maryland, shall appear on the adult entertainment premises license and who shall receive notices from the Department. Any failure to provide the information required in this Subsection will constitute an incomplete application. An incomplete application will not be processed. The application and any fee paid with the application will be returned to the applicant within five (5) working days after submission. Manager's or Entertainer's License. All applications for an adult entertainment manager's license or adult entertainer's license shall be signed by the applicant. All applications shall be submitted on a form supplied by the Chief, and shall require the following information: The applicant's name, home address, home telephone number, date and place of birth and any stage or names or nicknames used in entertaining; The name and address of each business at which the applicant intends to work as a manager or entertainer; The applicant shall present documentation that he or she has attained the age of eighteen (18) years. Any of the following shall be accepted as documentation of age: A motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth; A state-issued identification card bearing the applicant's photograph and date of birth; An official passport issued by the United States of America; An immigration card issued by the United States of America; or Any other picture identification issued by a governmental agency bearing the applicant's photograph and date of birth. Failure to provide information required by this Subsection will constitute an incomplete application. An incomplete application will not be processed. The application and any fee paid with the application will be returned to the applicant within five (5) working days after submission.

At least fifteen (15) working days prior to submitting an application for an adult entertainment premises license, the applicant must also submit the following plans to the Chief for review and approval by the County: A proposed security plan; A proposed traffic management and parking plan; A proposed parking lot lighting plan; A proposed life safety evaluation of the space involved, prepared by a fire protection engineer, if the calculated occupant load exceeds two hundred fifty (250) persons; and A copy of the approved Use and Occupancy permit for the premises.

The Chief shall review each application for compliance with the requirements of Sections 5-2605 and 5-2606.

Within five (5) working days after a completed application is submitted, the Chief shall issue the applicable license or licenses authorized by this Division if the Chief finds: That the business for which a license is required herein will be conducted in a building, structure and location which complies with the requirements and meets the standards of the applicable health, zoning, building, fire and safety laws of the State and applicable County ordinances, as well as the requirements of this Division; That the applicant, his or her employees, agents, partners, directors, officers, stockholders or managers have not knowingly made any false, misleading or fraudulent statement of material fact in the application for a license, or in any report or record required to be filed with the Chief; and That all natural persons, including the applicant, all employees, agents, partners, directors, officers, or managers of the applicant have attained the age of eighteen (18) years. If the Chief denies an application, the Chief shall provide the reason(s) for denial in writing within five (5) working days after submission of a complete application. If the reason for denial is that the application is incomplete, the Chief shall identify the portions of the application that are incomplete. Upon request of an applicant for an entertainer or manager license, and upon the payment of an additional fee of Twenty-Five Dollars ($25.00) for each duplicate license, the Chief shall issue one (1) or more duplicate licenses for use at one (1) or more adult entertainment premises.

The following standards of conduct must be adhered to by employees of any adult entertainment premises: No employee or entertainer shall be unclothed, clothed in less than opaque attire, or shall move or remove such attire, or allow such attire to be moved or removed so as to expose to view any portion of the breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, except upon a stage at least eighteen inches (18") above the immediate floor level and removed at least six feet (6') from the nearest patron. No employee or entertainer shall perform acts of or acts which simulate: Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; The touching, caressing or fondling of the breasts, buttocks or genitals; or The displaying of the pubic region, anus, vulva or genitals; except as provided for in Subsection (a) of this Section. No employee or entertainer mingling with the patrons shall be unclothed or in less than opaque and complete attire, costume or clothing as described in Subsection (a) of this Section. No employee or entertainer shall knowingly: Touch, caress or fondle the breast, buttocks, anus, genitals or pubic region of another person; or Permit the touching, caressing or fondling of his or her own breasts, buttocks, anus, genitals or pubic region by another person; or Permit any person upon the premises to touch, caress, or fondle the breasts, buttocks, anus, genitals or pubic region of another person. No manager or operator shall knowingly permit any person upon the premises to touch, caress, or fondle the breasts, buttocks, anus, genitals or pubic region of another person. No employee or entertainer shall wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva or genitals, anus, buttocks, or any portion of the pubic region. No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this Section. No entertainer of any adult entertainment premises shall be visible from any public place during the hours of his or her employment, or apparent hours of his or her employment, on the premises. No entertainer shall solicit, demand or receive any payment or gratuity from any patron for any act prohibited by this chapter. No entertainer shall demand or collect any payment or gratuity from any patron for entertainment before its completion. A sign shall be conspicuously displayed in the common area of the premises, and shall read as follows: "THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY PRINCE GEORGE'S COUNTY, MARYLAND. ENTERTAINERS ARE: (1) Not permitted to engage in any type of sexual conduct; (2) No employee or entertainer shall be unclothed, clothed in less than opaque attire, or shall move or remove such attire, or allow such attire to be moved or removed so as to expose to view any portion of the breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, except upon a stage at least eighteen inches (18") above the immediate floor level and removed at least six feet (6') from the nearest patron. (3) Not permitted to demand or collect any payment or gratuity from any patron for entertainment before its completion."

At any adult entertainment premises, the following are required: Neither the performance nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any portion of the breasts below the top of the areola or any portion of the pubic hair, buttocks, genitals and/or anus may be visible outside of the adult entertainment premises. Sufficient lighting shall be provided in and about the parts of the premises which are open to and used by the public so that all objects are plainly visible at all times. No entertainment shall be provided in any areas from which any other person may be prevented from entering, whether by a locking door or in any other manner. Good order must be maintained within a perimeter established by the licensing authority not to exceed five hundred (500) feet from the establishment, including but not limited to litter cleanup within the designated perimeter. Each establishment shall provide private security during operating hours for the safety of the patrons of the establishment. The use of pyrotechnics in a licensed establishment is prohibited. Noise levels shall not exceed fifty (50) decibels at the closest part of any residential property that is adjacent to the facility between the hours of 10:00 P.M. and 7:00 A.M. The dance license requirements in Division 14 of this Subtitle shall apply if an establishment allows public dancing. This Division shall not be construed to prohibit protected expression, such as: Plays, operas, musicals, or other dramatic works that are not obscene; Classes, seminars and lectures held for serious scientific or educational purposes that are not obscene; or Exhibitions, performances, expressions or dances that are not obscene. For purposes of this Division, an activity is "obscene" if: Taken as a whole by an average person applying contemporary community standards the activity appeals to a prurient interest in sex; The activity depicts patently offensive representations, as measured against community standards, of: Ultimate sexual acts, normal or perverted, actual or simulated; or Masturbation, fellatio, cunnilingus, bestiality, excretory function, or lewd exhibition of the genitals or genital areas; or violent or destructive sexual acts, including but not limited to human or animal mutilation, dismemberment, rape or torture; and The activity taken as a whole lacks serious literary, artistic, political, or scientific value. No manager, owner, entertainer or employee shall operate or maintain any warning procedures or device, or any nature or kind, for the purposes of warning any other person that police officers or County health, fire, licensing or building inspectors are approaching or have entered the adult entertainment premises. It is unlawful for any person to violate any of the provisions of this Section.

Every adult entertainer shall post his or her license in his or her work area so it is readily available for inspection by County authorities responsible for enforcement of this Division. Every person, corporation, partnership, or association licensed under this Division as an adult entertainment premises or adult entertainment manager shall post such license in a conspicuous place and manner on the licensed premises. Each manager and/or operator shall be responsible for maintaining a daily log, on a form provided by the Chief, of all employees, entertainers, and managers working at the adult entertainment premises each day. The log shall list the employee's, entertainer's and manager's name as it is listed on his or her license, license number, stage name, if any, the time he or she arrived at the adult entertainment premises, and the time he or she left the adult entertainment premises. Each employee, entertainer and manager shall sign his or her name in the daily log each time he or she arrives and leaves the adult entertainment premises. It is unlawful for any person to violate any of the provisions of this Section.

A licensed manager shall be on duty at an adult entertainment premises during the adult entertainment premises' hours of operation. The name of the manager on duty shall be prominently posted during business hours. Any adult entertainment premises found to be operating without a manager on duty shall be closed immediately until a licensed manager arrives for duty at the adult entertainment premises pursuant to Subsection (a) of this Section. The manager shall verify that each entertainer performing while the manager is on duty possesses a current and valid entertainer's license, as required by this chapter. The manager shall verify that such adult entertainment license is posted in the manner required by Section 5-2610.

It is unlawful for any adult entertainment premises to be conducted, operated, or otherwise open to the public between the hours of one A.M. (1:00 A.M.) and ten A.M. (10:00 A.M.).

It is unlawful for any person under the age of eighteen (18) years to be in or upon any premises for which an adult entertainment premises license is required. Only the following types of identification will be accepted as proof of age: A motor vehicle operator's license issued by any state, bearing the applicant's photograph and date of birth; A state-issued identification card bearing the applicant's photograph and date of birth; An official passport issued by the United States of America; An immigration card issued by the United States of America; or Any other picture identification bearing the applicant's photograph and date of birth by a governmental agency. It is unlawful for any owner, operator, manager, or other person in charge of a premises for which an adult entertainment premises license is required, to knowingly permit or allow any person under the age of eighteen (18) years to be in or upon such premises.

In addition to the reasons set forth in this Division as now or hereinafter amended, an adult entertainment premises license may be suspended or revoked upon a finding by the Chief that: The licensee permitted or authorized his or her employees, agents, entertainers or managers to violate any of the provisions of this Division; or The adult entertainment manager permitted or authorized any violation of any of the provisions of this Division by any person.

Any person aggrieved by an act or determination of the Chief pursuant to this Division, including, but not limited to, suspension or revocation of any license, may appeal such act or determination to the Prince George's County Board of Administrative Appeals within ten (10) calendar days after receipt of notice of the act or determination of the Chief. If the Chief has conducted a hearing and issued an order, the Board of Administrative Appeals shall review the record of the proceedings before the Chief. The Board may reverse, modify or remand the decision of the Chief only if the decision of the Chief is clearly erroneous, or arbitrary and capricious, or unsupported by any substantial evidence.

Any party aggrieved by a decision of the Board of Appeals pursuant to Section 5-2615 herein may appeal that decision to the Circuit Court for Prince George's County, Maryland. The appeal shall proceed in accordance with the provisions of Title 7 Maryland Rules of Procedure.

Based on public testimony and other evidence before it, including information, court decisions from this jurisdiction and court decisions from other jurisdictions, the Prince George's County Council makes the following legislative findings and statement of policy: The County Council recognizes that some activities that occur in connection with adult-oriented businesses are protected as expressive speech and does not intend to suppress or infringe upon expressive activities protected by the First Amendment of the United States Constitution and by the Maryland Constitution, but instead desires to enact reasonable time, place and manner regulations that address the adverse secondary effects of adult-oriented businesses. The County Council recognizes that First Amendment rights are among our most precious and highly protected rights, and wishes to act consistently with full protection of those rights. This ordinance is not intended to interfere with legitimate expression but to avoid and mitigate the secondary effects enumerated below. The County Council recognizes that the United States Supreme Court upheld the Littleton adult business ordinance in Littleton, Colorado v. Z.J. Gifts D-4, L.L.C., a limited liability company, dba Christal's, 541 U.S. 774, 124 S.Ct. 2219 (2004). This legislation is patterned after and comports with the licensing statute upheld in Littleton v. Z.J. Gifts. The District Council has reviewed the decision in Littleton v. Z.J. Gifts wherein the Supreme Court upheld the statutory scheme for adult businesses for a Colorado city enacted adult business ordinance that (1) required businesses such as adult bookstores to (a) have "adult business" licenses, and (b) comply with local zoning rules; (2) listed specific circumstances under which the city would deny a license; (3) set forth time limits (typically amounting to 40 days) within which city officials were required to reach a final licensing decision; and (4) provided that the final decision could be appealed to a state court pursuant to the state's civil procedure rules. This legislation is patterned after the statutes upheld by the United States Supreme Court in Littleton. The County Council finds that adult oriented businesses may and do generate secondary effects which are detrimental to the public health, safety and welfare. Among those secondary effects are: Prostitution and other sex related offenses; Drug use and dealing; and Health risks through the spread of AIDS and other sexually transmitted diseases. The County Council finds that licensing of persons who own, operate and manage adult book stores and/or adult video stores will further the goals of the ordinance by enabling the County to ascertain critical information enabling the County to allocate law enforcement resources effectively and otherwise protect the community. The County Council finds that Prince George's County continues to experience an increased demand for public safety services at and adjacent to adult business premises. The County Council finds that certain activities occurring on premises of adult book stores and/or adult video stores are disruptive to commercial and residential communities that they adjoin, and are otherwise detrimental to the public health, safety, and general welfare of the citizens and residents of the County. The County Council finds that it has substantial public interest in preserving societal order by the regulation of adult book stores and/or adult video stores. The County Council finds that the fee established for a license in this ordinance is based on the estimated cost of implementation, administration and enforcement of the licensing program.

The purpose and intent of this Division is to establish reasonable and uniform regulations to regulate adult book stores and adult video stores and to promote the health, safety, morals and general welfare of the citizens and residents of the County. The provisions of the Prince George's County Code and the Prince George's County Zoning Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult materials. Similarly, it is not the intent nor effect of the Prince George's County Code or the Prince George's County Zoning Ordinance to restrict or deny access by adults to adult materials protected by the First Amendment or the Maryland Constitution, or to deny access by the distributors and exhibitors of adult entertainment to their intended market. Neither is it the intent nor effect of the Prince George's County Code or the Prince George's County Zoning Ordinance to condone or legitimize the distribution of obscene material.

No person shall operate an adult book store and/or an adult video store without first having obtained an adult book store and/or an adult video store license from the Department of Permitting, Inspections, and Enforcement. Each license shall expire three years from the date of issuance. A new license must be obtained by making an application pursuant to this Division.

All applicants for an adult book store and/or adult video store license shall file an application for such license on forms provided by the Department of Permitting, Inspections, and Enforcement. In addition, all applicants shall provide a photocopy of the use and occupancy permit for an adult book store and/or adult video store issued by the Department of Permitting, Inspections, and Enforcement. Each principal owner and all managers and employees shall be named in the application form. The completed application shall contain, but is not limited to, the following information and shall be accompanied by the following documents: If the applicant is: An individual, the individual shall state his or her legal name and any aliases, shall submit their mailing address and residential address, and shall submit satisfactory proof that he or she is eighteen (18) years of age; A partnership, the partnership shall state its complete name, the names of all partners, the mailing address and residential address of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any; A corporation, the corporation shall state its complete name, its mailing address and residential address, information regarding the resident agent, the date of its incorporation, evidence that the corporation is in good standing under the statutes of the State, or in the case of a foreign corporation, evidence that it is currently authorized to do business in the State, the names and capacity of all officers, directors and principal owners, and the name of the registered corporate agent and the address of the registered office for service of process; A limited liability company shall state its complete name, its mailing address and residential address, the date of filing of the articles of incorporation and operating agreement, the names of all managers and members. Whether the applicant or any individual listed under subsection (a) of this Section has worked under, or currently works under, an adult book store license and/or adult video store license under the County Code. Whether the applicant or any individual listed under subsection (a) of this Section has worked under, or currently works under, an adult book store license and/or adult video store license under an adult business ordinance from this State, another state, municipality or county which has been denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation. The location of the proposed adult book store and/or adult video store including the street address and telephone number(s), if any. Proof of the applicant's right to possession of the premises wherein the adult book store and/or adult video store is to be operated. A photocopy of the driver's license or other government issued identification card for the individuals listed in subsection (a) of this Section. A photocopy of the use and occupancy permit for an adult book store and/or adult video store issued by the Department of Permitting, Inspections, and Enforcement. If the applicant is an individual, he/she must sign the application for a license. If the applicant is a corporation it must be signed by the president or vice president and attested to by the secretary or assistant secretary. If the applicant is a general or limited partnership it must be signed by a general partner. If the applicant is a limited liability company it must be signed by the manager. If an omission or error is discovered by the Department of Permitting, Inspections, and Enforcement, the application will be returned to the applicant for completion or correction without further action by the Department of Permitting, Inspections, and Enforcement. Any application rejected due to an omission or error shall be accepted only when the omission or error has been remedied. For purposes of this Division, the date that the Department of Permitting, Inspections, and Enforcement accepts an application which is complete shall be the date the application is accepted by the Department of Permitting, Inspections, and Enforcement. In the event that the Department of Permitting, Inspections, and Enforcement determines that an applicant has improperly completed the application, it shall promptly notify the applicant and allow the applicant thirty (30) days to properly complete the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application. Applicants for a license under this Division and license holders shall have a continuing duty to promptly supplement application information required by this Section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change, by supplementing the application of file with the Department of Permitting, Inspections, and Enforcement, shall be grounds for the suspension or revocation of an adult book store or adult video store license.

The license application of any applicant shall be approved or denied by the Department of Permitting, Inspections, and Enforcement within fourteen (14) business days of the date the application is filed with the Department of Permitting, Inspections, and Enforcement. The Department of Permitting, Inspections, and Enforcement shall deny a license if: The applicant is under the age of eighteen (18) years; or The applicant has made a false statement upon the application or has given false information in connection with an application; or The applicant or any holder of any class of stock, or a director, officer, partner or principal of the applicant has had an adult book store or adult video store license revoked or suspended anywhere within the state within one year prior to the application; or A corporate applicant is not in good standing or authorized to do business in the State; or The applicant is overdue in the payment of County taxes, fees, fines or penalties assessed against him/her or imposed against him/her in relation to an adult book store or adult video store. The Department of Permitting, Inspections, and Enforcement may deny a license upon other legal grounds. In the event that the Department of Permitting, Inspections, and Enforcement denies a license application, the Department of Permitting, Inspections, and Enforcement shall, in writing, state the reasons for the denial, and a copy of such decision shall be sent to the applicant by first class mail to the address provided by the applicant. If the Department of Permitting, Inspections, and Enforcement fails to render a timely decision pursuant to the terms of this Division, then the Department of Permitting, Inspections, and Enforcement shall be deemed to have approved or consented to the approval of the adult book store and/or adult video store license.

The Department of Permitting, Inspections, and Enforcement may suspend a license for a period not to exceed six (6) months or revoke any license granted pursuant to this Division upon a finding of any of the following facts: The licensee or employees thereof have offered for sale or knowingly allowed to be consumed or possessed upon the licensed premises, or upon any parking areas, sidewalks, walkways, accessways or grounds immediately adjacent to the licensed premises, narcotics, dangerous drugs or fermented malt, malt, and vinous or spirituous beverages; The licensee, manager or employee has allowed or has done nothing to prevent patrons from engaging in public displays of indecency as set forth in State and County law or has allowed patrons or employees to engage in acts of prostitution or negotiation for acts of prostitution within the licensed establishment or upon any parking areas, sidewalks, accessways or grounds immediately adjacent to the licensed adult book store or adult video store, when the licensee, manager or employee knew or should have known such displays or acts were taking place; The licensee or manager made a false statement or gave false information in connection with an application for a license or a renewal of a license; The manager or employee of the licensed adult book store and/or the adult video store is under the age of eighteen (18) years; The licensee, in the case of a corporation, is not in good standing or authorized to do business in the State; The licensee or an employee knowingly operated any aspect or facilities of the adult book store and/or adult video store during a period of time when the adult book store or adult video store license was suspended; The licensee is delinquent in the payment of County taxes, fees, fines or penalties assessed against him/her or imposed against him/her in relation to an adult book store or adult video store; or The licensee, manager or employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation, to occur within the licensed premises. Nothing in this Division shall prohibit the County from taking any other enforcement action provided by the County Code, County Zoning Ordinance, and the laws of the State or of the United States. When the Department of Permitting, Inspections, and Enforcement revokes a license, the revocation shall continue for one year, and the licensee shall not be issued an adult book store or adult video store license for one year from the date the revocation became effective.

An applicant may appeal to the Board of Administrative Appeals from a final decision of the Department of Permitting, Inspections, and Enforcement for an adult book store and/or adult video store license pursuant to Section 4-121 of the County Code. Any party aggrieved by a decision of the Director with respect to the denial, suspension, revocation, or refusal to renew a license shall have the right to appeal any such decision to the Board of Administrative Appeals for Prince George's County, Maryland, within ten (10) calendar days after receipt of a denial, suspension, revocation or refusal to renew decision rendered by the Director. Appeals to the Board of Administrative Appeals from denial, suspension, revocation, or refusal to renew decision of the Director shall be on the record of the hearing before the Director. Any party aggrieved by a final decision by the Board of Administrative Appeals, shall be entitled to file an appeal within thirty (30) days to the Circuit Court for Prince George's County, Maryland. Such appeals shall be governed by the provisions of the Maryland Rules pertaining to administrative appeals.

It is the intent of this Act to regulate electric vehicle charging station safety for persons using this important environmentally sustainable energy option. Owners of electric vehicle charging stations shall be subject to the requirements set forth in this Subdivision. This Act applies to public and private parking garages and parking lots on multifamily and non-residential properties in Prince George's County as defined herein.

Owner shall mean the person in whom legal or equitable title rests. Owner means any part owner, joint owner, owner of a community or partnership interest, life tenant, tenant in common, tenant by the entirety, or joint tenant. Where the signature of an owner is required, the term owner includes anyone having clear written authority to act on behalf of the actual owner. A third-party guarantor shall act in the place of or in addition to an owner where legally required to do so. Parking Garage, Public shall mean a building (other than a motor vehicle sales room) used for parking passenger vehicles. A parking garage, public is used for the housing of six (6) or more passenger vehicles, where any service or repair facilities are incidental. Parking Garage, Private shall mean a parking garage used for housing passenger vehicles and such commercial vehicles as are allowed to be parked in the zone in which such garage is located. Not over fifty percent (50%) of the garage shall be used for vehicles not owned by the occupants of the premises associated with the private garage. Parking Lot shall mean an area of land, other than a vehicle sales lot, used for parking passenger vehicles.

Electric vehicle charging stations shall be located in an area with a minimum of 15 footcandle uniform lighting illumination surrounding the electric vehicle charging station during non-daylight hours. Lighting shall enable electric vehicle users to read signs and instructions and to operate the electric vehicle charging station easily. This will assist a driver in safe use of the charging station: (1) from the time of entry, (2) to the initiation of a charging session, (3) to the charging of a vehicle, and (4) to completing a charge.

Owners of a private garage, or public garage shall be responsible for providing security cameras, in close proximity to the charging stations, as a security measure to protect persons and property. Electric vehicle charging stations located in a parking lot shall have a security camera. Additional safety measures shall be provided if the electric vehicle charging station is within a multi-story parking garage including but not limited to security cameras and call boxes.

The following information shall be posted at all non-residential sites where individual parking spaces are reserved for electric vehicle charging stations: usage fees; voltage and amperage levels; hour of operations, if time limits or towaway provisions are to be enforced by the property owner; safety information; and contact information for reporting when the equipment is not operating or other problems. As appropriate, directional signs shall be provided to effectively guide driver (s) to the charging station space(s).

Electric vehicle charging stations shall be labeled for their intended use for electric vehicle charging. The spaces shall be painted green and contain the white EV stamp. The electric vehicle charging stations shall be located in a manner that provides maximum safety to consumers and in a manner less likely to adversely impact the surrounding properties.

The risk of vandalism shall be assessed by the owner and shall be mitigated by the use of preventive strategies, such as motion detectors, security lighting, tamper alarms, locked enclosures, anti-vandalism hardware, and graffiti resistant coatings.

No provision contained in this Act shall be construed to apply to an electric company or electric and gas company that installs electric charging stations within Prince George's County pursuant to an order or approval of the Maryland Public Service Commission.

Any violation of this Subdivision shall be subject to a fine of Two Hundred and Fifty Dollars ($250.00) for a first violation, a fine of Five Hundred Dollars ($500.00) for a second violation, and a fine of One Thousand Dollars ($1,000.00) for a third and any subsequent violation. The Department of Permitting, Inspections and Enforcement shall administer and enforce this Division.

This Subtitle shall be known and may be cited as the "Prince George's County Cable Communications Regulatory Code." Prince George's County, Maryland, finds that the further development of cable communications may result in great benefits for the people of the County. Cable technology is rapidly changing, and cable plays an essential role as part of the County's basic infrastructure. Cable television systems occupy and extensively make use of scarce and valuable public rights-of-way in a manner different from the way in which the general public uses them and in a manner reserved primarily for those who provide essential services to the public subject to special public interest obligations, such as utility companies. The County finds that public convenience, safety, and general welfare can best be served by establishing regulatory powers vested in the County or such persons as the County so designates to protect the public and to ensure that any franchise granted is operated in the public interest. The County further finds that cable systems have the capacity to provide not only entertainment and information services to County residents, but can provide a variety of broadband, interactive communications services to institutions and individuals. In light of the foregoing, the following goals, among others, underlie the provisions set forth in this Subtitle: Cable service should be available to as many County residents as possible. A cable system should be capable of accommodating both present and reasonably foreseeable future cable-related needs of the County. A cable system should be constructed and maintained during a franchise term so that changes in technology may be integrated to the maximum extent possible into existing system facilities. A cable system should be responsive to the needs and interests of the local community and should provide a diversity of information sources and services to the public. A cable operator should pay fair compensation to the County for the use of public rights-of-way. The County intends that all provisions set forth in this Subtitle shall be construed to serve the public interest and the public purposes set forth herein, and that any franchise issued pursuant to this Subtitle shall be construed to include the findings and public purposes set forth herein as integral parts thereof. The County may delegate the performance of any act, duty, or obligation, or the exercise of any power under this Subtitle or any franchise agreement to any employee, officer, department, or agency except where prohibited by applicable law.

For the purposes of this Subtitle, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number, and words in the singular number include the plural number; and the masculine gender includes the feminine gender. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated, words not defined herein shall be given the meaning set forth in Title 47 of the United States Code, as amended, and, if not defined therein, their common and ordinary meaning. Access Channel shall mean any channel on a cable system set aside by a franchisee for public, educational, or governmental ("PEG") use. Affiliate shall mean any person who owns or controls, is owned or controlled by, or is under common ownership or control with a franchisee. Basic Service shall mean any service tier that includes the retransmission of local television broadcast signals and/or PEG access signals. Cable Act shall mean the Cable Communications Policy Act of 1984, 47 U.S.C. Section 521 et seq., as amended from time to time. Cable Service shall mean: The one-way transmission to subscribers of video programming or other programming services; and Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. Cable System or System shall mean a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable television service which includes video programming and which is provided to multiple subscribers within the County, but such term does not include: A facility that serves only to retransmit the television signals of one or more television broadcast stations; A facility that serves subscribers without using any public rights-of-way; A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act, except that such facility shall be considered a cable system if such facility is used in the transmission of video programming directly to subscribers; An open video system that complies with 47 U.S.C. Section 573; or Any facilities of any electric utility used solely for operating its electric utility system. A reference to a cable system refers to any part thereof, including, without limitation, converters. This definition shall not be deemed to circumscribe or limit the valid authority of Prince George's County to regulate or franchise the activities of any other communications system or provider of communications services to the full extent permitted by law. Any franchise agreement shall define the services of any franchisee who is authorized to use the public rights-of-way to provide such services. Channel shall mean a six Megahertz (MHz) frequency band, or equivalent capacity, which is capable of carrying either one standard video signal, a number of audio, digital, or other nonvideo signals, or some combination of such signals. Commission or CATV Commission shall mean the Prince George's County Cable Television Commission established herein, or its designee. Converter shall mean an electronic device which may serve as an interface between a system and a subscriber's television receiver or other terminal equipment, and which may perform a variety of functions, including signal security, descrambling, electronic polling, frequency conversion and channel selection. Council shall mean the County Council of Prince George's County, Maryland. County shall mean Prince George's County, Maryland, and any agency, department, or agent thereof. County Executive mean the County Executive of Prince George's County, Maryland, or the County Executive's designee. Customer shall mean the same as "Subscriber," defined herein. Director shall mean the Director, or the Director's designee, of the Office of Information Technology. Educational Access Channel or Educational Channel shall mean any channel on a cable system set aside by a franchisee for educational use. Fair Market Value shall mean the price that a willing buyer would pay to a willing seller. FCC shall mean the Federal Communications Commission, its designee, or any successor governmental entity thereto. Force Majeure shall mean that the franchisee shall not be liable for delay in performance of, or failure to perform, in whole or in part, its obligations pursuant to the agreement due, directly or indirectly, to severe or unusual weather conditions, strike, labor disturbance, lockout, war or act of war (whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, action or inaction of any government instrumentality or public utility including condemnation, accidents for which franchisee is not primarily responsible, fire, flood or other act of God, sabotage or other events to the extent that such causes or other events are beyond the reasonable control of the franchisee. In the event that any such delay in performance or failure to perform affects only part of the franchisee's capacity to perform, the franchisee shall perform to the maximum extent it is able to perform and shall take all reasonable steps within its power to correct such cause(s) in as expeditious a manner as possible. Franchise shall mean a nonexclusive authorization granted pursuant to this Subtitle to construct, operate, and maintain a cable system along the public rights-of-way to provide cable service within all, or a specified area of, Prince George's County, Maryland. Any such authorization, in whatever form granted, shall not mean or include any general license or permit required for the privilege of transacting and carrying on a business within the County as required by the ordinances and laws of the County, or for attaching devices to poles or other structures, whether owned by the County or a private entity, or for excavating or performing other work in or along public rights-of-way. Franchise Agreement shall mean a contract entered into pursuant to this Subtitle between the County and a franchisee that sets forth, subject to this Subtitle, the terms and conditions under which a franchise will be granted and exercised. Franchise Area shall mean the area of the County that a franchisee is authorized to serve as provided for in its franchise agreement. Franchisee shall mean a natural person, partnership, domestic or foreign corporation, association, joint venture, or organization of any kind that has been granted a franchise by a natural person, partnership, domestic or foreign corporation, association, joint venture, or organization of any kind that has been granted a franchise by the County. Governmental Access Channel or Governmental Channel shall mean any channel on a cable system set aside by a franchisee for government use. Gross Revenues shall mean any and all cash, credits, property, or other consideration of any kind or nature that constitute revenue in accordance with generally accepted accounting principles and that arise from, or are attributable to, or in any way derived directly or indirectly by, a franchisee or its affiliates, or by any other entity that is a cable operator of the franchisee's system to provide cable services except as hereinafter specifically excluded. Consistent with the foregoing, the following, without limitation, shall be included in gross revenues to the extent derived from the operation of a franchisee's cable system to provide cable services in the County: Monthly fees collected from subscribers from any basic, optional, premium, per-channel, per-program services, or cable programming service; Installation, disconnection, reconnection, and change-in-service fees; Fees, payments, or other consideration received from programmers for carriage of programming on franchisee's cable system; Revenues from rentals or sales of converters or other equipment; Studio rental; Fees from third party unaffiliated programmers for leased access programming; Production equipment, rental fee and personal fees, advertising revenues, net of normal agency commissions; Revenues from the sale or carriage of other cable services; Revenues from leased channel fees; Late fees and administrative fees; Fees, payments, or other consideration received from programmers for carriage of programming on the system; Revenues from Internet access services; and Revenues from home shopping and bank-at-home channels. Gross revenues shall not include any taxes on services furnished by a franchisee which are imposed directly on any subscriber or user by the community or another governmental unit and which are collected by the franchisee on behalf of said governmental unit. A franchise fee is not such a tax. Gross revenues shall not include: Any consideration paid by the County to a franchisee for an institutional network ("I-NET"), or any expense reimbursement paid by the County or its agents, or by PEG users, to the franchisee; Any compensation awarded to a franchisee based on the County's condemnation of property of the franchisee; Any uncollected receipts (i.e., "bad debt"), provided, however, that all or any part of any such actual bad debt that is written off but subsequently collected shall be included in gross revenues in the period collected. Any amounts includable as gross revenues that are received by an affiliate or any other entity that is a cable operator of franchisee's cable system shall not be counted as gross revenues to the extent that such amounts are also received directly by the franchisee, to ensure that no such revenue is counted twice. Installation shall mean the connection of system services to subscribers' television receivers or other subscriber-owned or provided terminal equipment. Leased Access Channel or Commercial Access Channel shall mean any channel on a cable system designated or dedicated for use by a person unaffiliated with the franchisee. Net Profit shall mean the amount remaining after deducting from gross revenues all of the actual, direct and indirect, expenses associated with operating the cable system, including the franchise fee, interest, depreciation, and Federal or State income taxes. Normal Business Hours shall mean those hours during which most similar businesses in the community are open to serve customers, including some evening hours at least one night per week and/or some weekend hours. Normal Operating Conditions shall mean those service conditions that are within the control of a franchisee. Conditions that are not within the control of a franchisee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe weather conditions. Conditions that are ordinarily within the control of a franchisee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of a cable system. OVS shall mean an open video system that complies with 47 U.S.C. Section 653, as amended. PEG shall mean Public, Educational, and Governmental. Person shall mean an individual, partnership, association, joint stock company, organization, corporation, or any lawful successor thereto or transferee thereof, but such term does not include the County. Programmer shall mean any person or entity that produces or otherwise provides program material or information for transmission by video, audio, digital, or other signals, either live or from recorded traces or other storage media, to users or subscribers by means of a cable system. Public Access Channel shall mean any channel on a cable system set aside by a franchisee for use by the general public, including groups and individuals, and which is available for such use on a nondiscriminatory basis. Public Benefit Corporation shall mean any nonprofit, tax-exempt organization which has as its primary purpose the provision of services of education, health, civic, charitable, or similar nature on a County-wide basis. Public Rights-of-Way shall mean the surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkway, waterway, easement, or similar property within the County, which, consistent with the purposes for which it was dedicated, may be used for the purpose of installing and maintaining a cable system. No reference herein, or in any franchise agreement, to a "public Right-of-Way" shall be deemed to be a representation or guarantee by the County that its interest or other right to control the use of such property is sufficient to permit its use for such purposes, and a franchisee shall be deemed to gain only those rights to use as are properly in the County and as the County may have the undisputed right and power to give. Security Fund shall mean a performance bond, letter of credit, or cash deposit, or any or all of these, to the extent required by a franchise agreement. Service Interruption shall mean loss of picture or sound on one or more cable channels, as described in FCC regulations as of December 1, 1998. Subscriber shall mean any person who legally receives any service delivered over a cable system. User shall mean a person or organization using a channel or equipment and facilities for purposes of producing or transmitting material, as contrasted with the receipt thereof in the capacity of a subscriber.

The County may grant one or more cable franchises for the County or designated areas therein, and each such franchise shall be awarded in accordance with and subject to the provisions of this Subtitle. Franchises shall be granted by action of the Council pursuant to applicable law. No person may construct or operate a cable system without a franchise granted by the County. No person may be granted a franchise without having entered into a franchise agreement with the County pursuant to this Subtitle. No franchise shall be granted for a period of more than fifteen (15) years, except that a franchisee may apply for renewal or extension pursuant to applicable law. A franchise authorizes use of public rights-of-way for installing cables, wires, lines, optical fiber, underground conduit, and other devices necessary and appurtenant to the operation of a cable system to provide cable service within a franchise area, but does not expressly or implicitly authorize a franchisee to provide service to, or install a cable system on, private property without owner consent (except for use of compatible easements pursuant to Section 621 of the Cable Act, 47 U.S.C. Section 541(a)(2) and common law), or to use publicly or privately owned conduits without a separate agreement with the owners. A franchise shall constitute both a right and an obligation to provide the cable services regulated by the provisions of this Subtitle and the franchise agreement. A franchise is nonexclusive and will not explicitly or implicitly preclude the issuance of other franchises to operate cable systems within the County, affect the County's right to authorize use of public rights-of-way by other persons to operate cable systems or for other purposes as it determines appropriate, or affect the County's right to itself construct, operate, or maintain a cable system, with or without a franchise. All privileges prescribed by a franchise shall be subordinate to (without limitation) the County's use and any prior lawful occupancy of the public rights-of-way. The County reserves the right to designate where a franchisee's facilities are to be placed within the public rights-of-way and to resolve any disputes among users of the public rights-of-way. A franchisee shall at all times be subject to and shall comply with all applicable Federal, State, and local laws. A franchisee shall at all times be subject to all lawful exercise of the police power of the County, including all rights the County may have under 47 U.S.C. Section 552. Nothing in a franchise agreement shall be deemed to waive the requirements of the various codes and ordinances of the County regarding permits, fees to be paid, or manner of construction. No course of dealing between a franchisee and the County, or any delay on the part of the County in exercising any rights hereunder, or any acquiescence by the County in the actions of a franchisee that are in contravention of such rights (except to the extent such rights are expressly waived by the County) shall operate as a waiver of any such rights of the County. The County may, from time to time, issue such reasonable rules and regulations concerning cable systems as are consistent with applicable law. The provisions of this Subtitle and any franchise agreement will be liberally construed in favor of the County in order to effectuate their purposes and objectives and to promote the public interest. Subject to federal law or regulation, a franchise agreement will be governed by and construed in accordance with the laws of the State of Maryland. Any person who occupies the public rights-of-way of the County for the purpose of operating or constructing a cable system or an OVS and who does not hold a valid franchise (or other authority allowing such entity to be in the public rights-of-way to provide video services) from the County shall nonetheless, to the extent allowable by law, be subject to all provisions of this Subtitle including, but not limited to, its provisions regarding construction and technical standards and franchise fees. Such person shall apply for a franchise within thirty (30) days of receipt of a written notice by the County that a franchise agreement is required. The County may, in its discretion, require such person to remove its property and restore the area to a condition satisfactory to the County within a reasonable time period, as the County shall determine; remove the property itself and restore the area to a satisfactory condition and charge the person the costs therefor; and/or take any other action it is entitled to take under applicable law, including filing for and seeking damages for trespass. In no event shall a franchise be created unless it is issued by action of the County and subject to a written franchise agreement. Any act that a franchisee is or may be required to perform under this Subtitle, a franchise agreement, or applicable law including, but not limited to, removal, replacement, or modification of the installation of any of its facilities and restoration to County standards and specifications of any damage or disturbance caused to the public rights-of-way as a result of its operations or construction on its behalf, shall be performed at the franchisee's expense unless expressly provided to the contrary in this Subtitle, the franchise agreement, or applicable law. Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, the County's rights of eminent domain to the extent to which they may apply to any public utility or cable system.

A written application shall be filed with the County for grant of an initial franchise or modification of a franchise agreement pursuant to 47 U.S.C. Section 545. To be acceptable for filing, a signed original of the application shall be submitted together with twenty-five (25) copies. The application must be accompanied by any required application filing fee, conform to any applicable request for proposals, and contain all required information. All applications shall include the names and addresses of persons authorized to act on behalf of all applicants with respect to the application. All applications accepted for filing shall be made available by the County for public inspection. A person may apply for an initial franchise by submitting an application containing the information required in this Section. Upon receipt of such an application, the County may either evaluate the application pursuant to this Section, conducting such investigations as it deems necessary, or issue a Request for Proposals ("RFP") after conducting, if necessary, a proceeding to identify the future cable-related needs and interests of the community. Any such RFP shall be mailed to the person requesting its issuance and made available to any other interested party. The RFP may contain a proposed franchise agreement. An applicant shall respond to an RFP by filing an application within the time directed by the County, providing the information and material set forth in this Section. The procedures, instructions, and requirements set forth in the RFP shall be followed by each applicant. Any applicant that has already filed materials pursuant to this Section need not refile the same materials with its RFP response, but must amplify its application to include any additional or different materials required by the RFP. The County or its designee may seek additional information from any applicant and establish deadlines for the submission of such information. In evaluating an application for a franchise, the County shall consider, among other things, the following factors: The extent to which the applicant has substantially complied with the applicable law and the material terms of any existing cable franchise for the County; Whether the quality of the applicant's service under any existing franchise in the County, including signal quality, response to customer complaints, billing practices, and the like, has been reasonable in light of the needs and interests of the communities served; Whether the applicant has the financial, technical, and legal qualifications to provide cable service; Whether the application satisfies any minimum requirements established by the County and is otherwise reasonable to meet the future cable-related needs and interests of the community, taking into account the cost of meeting such needs and interests; Whether, to the extent not considered under Subsection 5A-104(b)(3)(D), the applicant will provide adequate PEG access channel capacity, facilities, or financial support; Whether issuance of a franchise is warranted in the public interest considering the immediate and future effect on the public rights-of-way and private property that would be used by the cable system, including the extent to which installation or maintenance as planned would require replacement of property or involve disruption of property, public services, or use of the public rights-of-way, the effect of granting a franchise on the ability of cable to meet the cable-related needs and interests of the community, and the comparative superiority or inferiority of competing applications; What effects a grant of the application may have on competition in the delivery of cable service in the County. If the County finds that it is in the public interest to issue a franchise considering, without limitation, the factors set forth above, and subject to the applicant's entry into an appropriate franchise agreement, it shall issue a franchise. If the County denies a franchise, it will issue a written decision explaining why the franchise was denied. Prior to deciding whether or not to issue a franchise, the County may hold one or more public hearings or implement other procedures under which comments from the public on an application may be received. The County also may grant or deny a request for a franchise based on its review of an application without further proceedings and may reject any application that is incomplete or fails to respond to an RFP. This Subtitle is not intended and shall not be interpreted to grant any party standing to challenge the denial of an application or the issuance of a franchise unless such standing is necessary to enforce a party's rights under its franchise agreement or applicable law. An RFP for the grant of an initial franchise shall require, and any such application shall contain, at a minimum, the following information: Name and address of the applicant and identification of the ownership and control of the applicant, including: the names and addresses of the ten (10) largest holders of an ownership interest in the applicant and affiliates of the applicant, and all persons with five percent (5%) or more ownership interest in the applicant and its affiliates; the persons who control the applicant and its affiliates; all officers and directors of the applicant and its affiliates; and any other business affiliation and cable system ownership interest of each named person; A demonstration of the applicant's technical ability to construct and/or operate the proposed cable system, including identification of key personnel; A demonstration of the applicant's legal qualifications to construct and/or operate the proposed cable system, including but not limited to the following factors: The County shall consider whether an applicant has had previous requests for a franchise denied by the County or other franchising authorities. The applicant must have the necessary authority under Maryland law to operate a cable system. The applicant must have the necessary authority under federal law to hold the franchise and operate a cable system. An applicant must have, or show that it is qualified to obtain, any necessary federal franchises or waivers required to operate the system proposed. The County shall consider whether, at any time during the ten (10) years preceding the submission of the application, the applicant was convicted of any act or omission of such character that the applicant cannot be relied upon to deal truthfully with the County and the subscribers of the cable system, or to substantially comply with its lawful obligations under applicable law, including obligations under consumer protection laws and laws prohibiting anticompetitive acts, fraud, racketeering, or other similar conduct. The County shall consider whether an applicant files materially misleading information in its application or intentionally withholds information that the applicant lawfully is required to provide. The County shall provide an opportunity to an applicant to show that it would be inappropriate to deny it a franchise by virtue of the particular circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing therefrom and prevent their recurrence, the lack of involvement of the applicant's principals, or the remoteness of the matter from the operation of cable systems. A demonstration of financial qualifications to complete the construction and operation of the cable system proposed; A description of any prior experience in cable system ownership, construction, and operation, and identification of communities in which the applicant or any of its principals have, or have had, a cable franchise or any interest therein; Identification of the area of the County to be served by the proposed cable system, including a description of the proposed franchise area's boundaries; A detailed description of the physical facilities proposed, including channel capacity, technical design, performance characteristics, headend, and access facilities; Where applicable, a description of the construction of the proposed system, including an estimate of plant mileage and its location, the proposed construction schedule, and a description, where appropriate, of how services will be converted from existing facilities to new facilities; A demonstration of how the applicant will reasonably meet the future cable-related needs and interests of the community, including PEG access channel capacity, facilities, or financial support to meet the community's needs and interests; If necessary at the County's discretion, pro forma financial projections for the proposed franchise term, including a statement of projected income, and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules; Any other information that may be necessary to demonstrate compliance with the requirements of this Subtitle; Any additional information that the County may request of the applicant that is relevant to the County's consideration of the application; An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments, and certifying that the application meets all Federal and State law requirements. The County may, at its discretion and upon request of an applicant, waive in writing the provision of any of the information required by this Section 5A-104(c). The renewal of any franchise to provide cable service shall be conducted in a manner consistent with Section 626 of the Cable Act, 47 U.S.C. Section 546, as from time to time amended. An application for modification of a franchise agreement shall include, at a minimum, the following information: The specific modification requested; The justification for the requested modification, including the impact of the requested modification on subscribers and others, and the financial impact on the applicant if the modification is approved or disapproved, demonstrated through, inter alia, submission of financial pro formas; A statement whether the modification is sought pursuant to Section 625 of the Cable Act, 47 U.S.C. Section 545, and, if so, a demonstration that the requested modification meets the standards set forth in 47 U.S.C. Section 545; Any other information that the applicant believes is necessary for the County to make an informed determination on the application for modification; and An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, and certifying that the application is consistent with all Federal and State law requirements. An applicant shall be notified of any public hearings held in connection with the evaluation of its application and shall be given an opportunity to be heard. In addition, prior to the issuance of a franchise, the County shall provide for the holding of a public hearing within the proposed franchise area, following reasonable notice to the public, at which every applicant and its applications shall be examined and the public and all interested parties afforded a reasonable opportunity to be heard. Following approval by the County, any franchise granted pursuant to this Subtitle, and the rights, privileges, and authority granted by a franchise agreement, shall take effect and be in force from and after the first date on which both the franchisee and the County have accepted and signed the franchise agreement and the bill granting County approval is effective.

To be acceptable for filing, any application of the type listed below, submitted after the effective date of this Subtitle, shall be accompanied by a nonrefundable filing fee of Five Thousand Dollars ($5,000), payable to the County, to cover costs incidental to the awarding or enforcement of the franchise, as appropriate: Application for an initial franchise or for issuance of an RFP; Application for renewal of a franchise; Application for modification of a franchise agreement; or Application for approval of a transfer. To the extent consistent with applicable law: The County may require the franchisee, or, where applicable, a transferor or transferee, to reimburse the County for its reasonable out-of-pocket expenses in considering the application, including consultants' fees; No payments made hereunder shall be considered a franchise fee, but fall within one or more of the exceptions in 47 U.S.C. Section 542(g)(2).

A franchisee shall construct and operate its system so as to provide service to all parts of its franchise area having a density of at least twenty (20) residences per mile of system. In addition, all areas which reach such density at any time during the franchise term shall be provided service upon reaching the minimum density. Except as federal law may otherwise require, and subject to the minimum density requirement specified above, a franchisee shall, upon request: Extend its trunk and distribution system to any subscriber located within two hundred fifty (250) feet of a main distribution cable located in the public rights-of-way at its standard installation charge, unless the franchisee demonstrates to the County's satisfaction that extraordinary circumstances exist; and Extend its trunk and distribution system to any potential subscriber outside the two hundred fifty (250) foot limit, provided that the franchisee may charge the potential subscriber for the cost of the actual length of the installed drop, or the shortest distance to the point where the franchisee would be required to extend its distribution system, whichever is shorter, except where the franchisee has demonstrated to the County's satisfaction that extraordinary circumstances exist. In areas where the minimum density requirement is not met, or where extraordinary circumstances exist, a franchisee shall, upon request, extend its cable system to a potential subscriber, provided that the subscriber shall pay the additional extension costs. "Additional extension costs" as used above shall mean a subscriber's pro rata share of: a franchisee's total construction costs at the actual density of affected potential subscribers, less the total construction costs that the franchisee would incur if it were extending its system to make service available to the same number of potential subscribers at a density of twenty (20) residences per mile. "Total construction costs" are defined for purposes of this Section as the actual turnkey cost to construct the entire extension including electronics, pole make-ready charges, and labor, but not the cost of the house drop. It is the right of all subscribers in the franchise area to receive all available services from a franchisee, as those services become available, as long as their financial and other obligations to the franchisee are satisfied. A franchisee shall ensure that all subscribers receive continuous uninterrupted service. At the County's request, a franchisee shall, as trustee for its successor in interest, operate its system for a temporary period (the "Transition Period") following the termination, sale, or transfer of its franchise as necessary to maintain service to subscribers, and shall cooperate with the County to assure an orderly transition to another franchisee. During such Transition Period, a franchisee shall not sell any of the system assets, nor make any physical, material, administrative, or operational change that would tend to reduce the quality of service to subscribers, decrease the system's income, or materially increase expenses without the express permission, in writing, of the County. The County may seek legal and/or equitable relief to enforce the provisions of this Section. The Transition Period shall be no longer than the period required to ensure that cable service will be available to subscribers, and shall not be longer than thirty-six (36) months, unless extended by the County for good cause. During the Transition Period, a franchisee will continue to be obligated to comply with the terms and conditions of the agreement and applicable laws and regulations. If a franchisee abandons its system during the franchise term, or fails to operate its system in accordance with the terms of its franchise agreement during any Transition Period, the County, at its option, may operate the system, designate another entity to operate the system temporarily until the franchisee restores service under conditions acceptable to the County, or until the franchise is revoked and a new franchisee selected by the County is providing service, or obtain an injunction requiring the franchisee to continue operations. If the County is required to operate or designate another entity to operate the cable system, the franchisee shall reimburse the County or its designee for all costs and damages incurred that are in excess of the revenues from the cable system. A franchisee shall forfeit its rights to notice and hearing, and the Council may, by resolution, declare its franchise immediately terminated, in addition to any other relief or remedies it may have under its franchise agreement, this Subtitle, or other applicable law, if: The franchisee fails to provide cable service in accordance with its franchise over a substantial portion of the franchise area for ninety-six (96) consecutive hours, unless the County authorizes a longer interruption of service or the failure is due to force majeure as characterized in its franchise agreement; or The franchisee, for any period, willfully and without cause refuses to provide cable service in accordance with its franchise over a substantial portion of the franchise area. The franchisee shall provide, without charge within the franchise territory, one service outlet to each fire station, public school building, police station, public library, and other such buildings used for municipal purposes as may be designated by the County; provided, however, that, if it is necessary to extend the franchisee's trunk or feeder lines more than one thousand (1,000) feet solely to provide service to any such school or public building, the County shall have the option either of paying the franchisee's direct costs for the portion in excess of one thousand (1,000) feet, or of releasing the franchisee from the obligation to provide service to such building. Furthermore, the franchisee shall be permitted to recover, from any public building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than two hundred fifty (250) feet of drop cable. No charge shall be made to the County or any board, bureau, or department of the County, or any municipal government for use of the government access channels. The franchisee shall be required to interconnect its cable television system with other cable television systems or other broadband communications facilities located in contiguous communities. Such interconnection shall be made within ninety (90) days of a request made by the Commission. Interconnection of systems shall occur when the County directs and may be done by direct cable connection, microwave link, satellite, or other appropriate method. Interconnection shall be required for origination and access channels that are determined by the franchisee and the County to be technically and economically feasible, unless provided otherwise in agreement. The franchisee shall make every reasonable effort to cooperate with cable television franchise holders in contiguous communities in order to provide cable service in areas within the County but outside the franchisee's service area.

Every franchise agreement shall specify the construction schedule that will apply to any required construction, upgrade, or rebuild of the cable system. A franchisee shall construct, operate, and maintain its cable system in strict compliance with all applicable laws, ordinances, rules and regulations, including but not limited to, the National Electrical Safety Code and the National Fire Protection Association National Electrical Code, as such may be amended from time to time. The system, and all parts thereof, shall be subject to the right of periodic inspection by the County. No construction, reconstruction, installation, or relocation of the system or any part thereof within the public rights-of-way shall be commenced until all applicable written permits have been obtained from the proper County officials. In any permit so issued, such officials may impose such conditions and regulations as a condition of the granting of the permit as are necessary for the purpose of protecting any structures in the public rights-of-way and for the proper restoration of such public rights-of-way and structures, and for the protection of the public and the continuity of pedestrian and vehicular traffic. A franchisee shall, by a time specified by the County, protect, support, temporarily disconnect, relocate, or remove any of its property when required by the County by reason of traffic conditions, public safety, public right-of-way construction, public right-of-way maintenance or repair (including resurfacing or widening), change of public right-of-way grade, construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of government-owned communications system, public work or improvement, or any government-owned utility; public right-of-way vacation; or for any other purpose where the convenience of the County would be served thereby; provided, however, that a franchisee shall, in all such cases, have the privilege of abandoning any property in place after obtaining permission from the County and at the sole discretion of the County. If any removal, relaying, or relocation is required to accommodate the construction, operation, or repair of the facilities of another person that is authorized to use the public rights-of-way, a franchisee shall, after reasonable advance written notice, take action to effect the necessary changes requested by the responsible entity. The County may resolve disputes as to responsibility for costs associated with the removal, relaying, or relocation of facilities as among entities authorized to install facilities in the public rights-of-way if the parties are unable to do so themselves, and if the matter is not governed by a valid contract between the parties or a State or Federal law or regulation. In the event of an emergency, or where a cable system creates or is contributing to an imminent danger to health, safety, or property, the County may remove, relay, or relocate any or all parts of that cable system without prior notice. A franchisee shall, on the request of any person holding a building moving permit issued by the County, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting same, and a franchisee shall have the authority to require such payment in advance, except in the case where the requesting person is the County, in which case no such payment shall be required. A franchisee shall be given not less than seventy-two (72) hours advance notice to arrange for such temporary wire changes. A franchisee shall participate in any "Miss Utility" program active in its franchise area with regard to giving and receiving notice of the location of facilities and excavations. Wherever all electrical and telephone utility wiring is located underground, either at the time of initial construction or subsequently, at the direction of the County, the television cable shall also be located underground at no expense to the County. If the facilities of either the electric or the telephone utility are aerial, the television facilities may be located underground at the request of a property owner, provided that the difference in cost of the installation shall be paid by the property owner making the request to the franchisee. The franchisee shall utilize existing poles, conduits, and other facilities whenever possible, and shall not construct or install any new, different, or additional poles, conduits, or other facilities whether on public property or on privately-owned property until the written approval of the County is obtained. However, no location of any pole or wire-holding structure of the franchisee shall be a vested interest, and such poles or structures shall be removed or modified by the franchisee at its own expense whenever the County Department of Public Works and Transportation determines that the public convenience would be enhanced thereby. The franchisee shall have the authority to trim trees on public property at its own expense as may be necessary to protect its wires and facilities, subject to the supervision and direction of the County. Trimming of trees on private property shall require written consent of the property owner. Any and all public rights-of-way, public property, or private property that is disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance, or construction of a cable system shall be repaired, replaced, and restored, as appropriate, in substantially the same condition and in a good workmanlike, timely manner, in accordance with the standards for such work set by the County. With respect to damage or disturbances to public rights-of-way or public property, all repairs and restoration shall be performed in accordance with Subtitle 23 of the Prince George's County Code or any successor provision. All repairs, replacements, and restoration shall be undertaken and completed within the timeframes specified by the County or, if none are specified, no more than thirty (30) days after the damage is incurred, and shall be completed as soon as reasonably possible thereafter. A franchisee shall guarantee and maintain such restoration for at least one year against defective materials or workmanship or for cuts in pavement surface until such time as pavement is overlaid, whichever is longer. Should the grades or lines of the public rights-of-way that the franchisee is authorized by a franchise to use and occupy be changed at any time during the term of a franchise, the franchisee shall, if necessary, relocate or change its system so as to conform with the new grades or lines at no expense to the County. Any alteration to the water mains, sewerage or drainage system, or to any County, State, or other public structures in the public rights-of-way required on account of the presence of a franchisee's system in the public rights-of-way shall be made at the sole cost and expense of the franchisee. During any work of constructing, operating, or maintaining of a system, the franchisee shall also protect any and all existing structures belonging to the County and any other person. All work performed by the franchisee shall be done in the manner prescribed by the County or other officials having jurisdiction therein. Nothing in this Subtitle or any franchise agreement shall be in preference or hindrance to the right of the County and any board, authority, commission, or public service corporation to perform or carry on any public works or public improvements of any description; and should a franchisee's system in any way interfere with the construction, maintenance, or repair of such public works or public improvements, the franchisee shall protect or relocate its system, or part thereof, as reasonably directed by any Prince George's County official, board, authority, commission, or public service corporation. The franchisee shall make every reasonable effort to cooperate with cable television franchise holders in contiguous communities in order to provide cable service in areas within the County but outside the franchisee's service area. A franchise shall address the cable system's two-way capacity and shall include provisions regarding nonvoice return communication. Franchisee shall maintain in constant readiness equipment capable of providing standby power for the cable television system. Said equipment shall be constructed so as to revert automatically to a standby mode when alternating current power returns. The franchisee shall comply with all utility and other safety regulations to prevent a standby generator from powering a "dead" utility line so as to cause injury to any person.

Unless otherwise provided in a cable operator's franchise agreement, the following provisions (1) through (5) shall apply: Not later than ninety (90) calendar days after any new or substantially rebuilt portion of the system is made available for service to subscribers, technical performance tests shall be conducted by the franchisee to demonstrate full compliance with the Technical Standards of the FCC. Such tests shall be performed by, or under the supervision of, a qualified registered professional engineer or an engineer with proper training and experience. A copy of the report shall be submitted to the County, describing test results, instrumentation, calibration, and test procedures, and the qualifications of the engineer responsible for the tests. System monitor test points shall be established at or near the output of the last amplifier in the longest feeder line, at or near the trunk line extremities, at not fewer than eight (8) widely scattered locations. Testing shall be carried out pursuant to FCC regulations. At any time after commencement of service to subscribers, the County may require additional tests, full or partial repeat tests, different test procedures, or tests involving a specific subscriber's terminal. Requests for such additional tests will be made on the basis of complaints received or other evidence indicating an unresolved controversy or significant noncompliance, and such tests will be limited to the particular matter in controversy. The County will endeavor to so arrange its requests for such special tests so as to minimize hardship or inconvenience to the franchisee or to the subscriber. A copy of the annual performance tests report required by the FCC shall be simultaneously submitted to the County. The County shall have the right to employ qualified consultants if necessary or desirable to assist in the administration of this or any other Section of this Subtitle.

The County may designate one (1) or more entities, including a nonprofit access management corporation, to perform any or all of the following functions: To manage any necessary scheduling or allocation of capacity on the Institutional Network; and On the County's behalf, to program any PEG access channel. Educational and public access channels shall not be managed by the same entity; provided, however, that until such entities have been designated, the County shall be responsible for these functions. For any public access channel, the entity managing such channel shall establish: Rules that prohibit the presentation of any advertising material designed to promote the sale of commercial products or services (including advertising by or on behalf of candidates for public office), lottery information, and obscene matter; Rules requiring first-come, nondiscriminatory access; and Rules permitting public inspection of the complete record of the names and addresses of all persons and groups requesting access time. Such a record shall be retained for a period of two (2) years. PEG Access Channel(s) shall be for the noncommercial use of the County and shall be available at no expense to the County and access users.

This Section sets forth customer service standards that a franchisee must satisfy. In addition, the franchisee shall at all times satisfy any additional or stricter requirements established by FCC regulations, or other applicable Federal, State, or local law or regulation, as the same may be amended from time to time. Nothing in this Subtitle may be construed to prevent or prohibit: The County and a franchisee from agreeing to customer service requirements that exceed the standards set forth in this Subtitle; The County from enforcing, through the end of a franchise term, preexisting customer service requirements that exceed the standards set forth in this Subtitle and are contained in current franchise agreements; The County from enacting or enforcing any customer service or consumer protection laws or regulations; or The County from waiving, for good cause, requirements established in this Section. Nothing in this Subtitle in any way relieves a franchisee of its obligation to comply with other applicable consumer protection laws and its franchise agreement. A subscriber's preference as to the point of entry into a residence shall be observed whenever feasible. Runs in building interiors shall be as unobtrusive as possible. A franchisee shall use due care in the process of installation and shall repair any damage to a subscriber's property caused by said installation. Such restoration shall be undertaken within thirty (30) days after the damage is incurred and shall be completed as soon as reasonably possible thereafter. In locations where a franchisee's system must be underground, drops must be placed underground as well. In all cases where new developments and subdivisions are to be constructed and to be served in whole or in part by underground power and telephone utilities, the owner or developer of such areas shall provide reasonable notice to the franchisee of the availability of trenches, backfill, and specifications of all necessary substructures in order that the franchisee may install all necessary cable facilities. In no event shall such undergrounding be at any cost or expense to the County. Where a franchisee is required under Section 5A-106 to provide service to a person that resides within two hundred fifty (250) feet from the franchisee's distribution system, the franchisee must provide such service within seven (7) business days of the person's request. If, however, the person resides less than two hundred fifty (250) feet, but more than one hundred twenty-five (125) feet, from the franchisee's distribution system, the County may waive this seven (7) day requirement upon a showing of good cause by the franchisee and provided the franchisee specifies the time period within which service will be provided. This standard shall be met ninety-five percent (95%) of the time, measured on a quarterly basis. A franchisee shall adhere to FCC regulations regarding antenna switches. A franchisee shall not, as a condition to providing cable service, require any subscriber or potential subscriber to remove any existing antenna structures for the receipt of over-the-air television signals. A franchisee shall use its best efforts to collect on delinquent subscriber accounts before terminating service. In all cases, the franchisee shall provide the customer with at least ten (10) working days written notice prior to disconnection. The franchisee shall notify the general public prior to commencing any proposed construction that will significantly disturb or disrupt public property or public rights-of-way, or have the potential to present a danger or affect the safety of the public generally. Where possible, the franchisee shall publicize proposed construction work at least one week prior to commencement of that work by notifying those residents and others in the immediate vicinity of where work is to be done and most likely to be affected by the work in at least one of the following ways: by telephone, in person, by mail, by distribution of door hangers or flyers to residences, by publication in local newspapers, or in any other manner reasonably calculated to provide adequate notice. Notice to affected persons must include the name and local telephone number of a franchisee representative who is qualified to answer questions concerning proposed construction. In addition, before entering any person's property for proposed construction work in connection with the rebuild for the system upgrade of franchisee's cable system, the franchisee must have permission of the property owner and shall contact the property owner or (in the case of residential property) the resident at least two (2) days in advance, when possible. Each franchisee shall maintain offices at convenient locations within County, as specified in its franchise agreement, that shall be open during normal business hours to allow subscribers to request service, pay bills, and conduct other business. Each franchisee will maintain at least one local, toll-free, or collect call telephone access line which will be available to subscribers twenty-four (24) hours a day, seven (7) days a week. Trained representatives of a franchisee shall be available to respond to subscriber telephone inquiries during normal business hours. Each franchisee shall be subject to the following standards, except that such franchisee shall not be subject to penalty as long as it meets such standards under normal operating conditions at least ninety percent (90%) of the time, measured quarterly. Telephone answering time shall not exceed thirty (30) seconds, and the time to transfer the call to a customer service representative (including hold time) shall not exceed an additional thirty (30) seconds. A customer will receive a busy signal less than three percent (3%) of the time. When the business office is closed, an answering service where a person receives and records service complaints and inquiries shall be employed. Inquiries received after hours must be responded to by a trained representative of a franchisee on the next business day. To the extent possible, the after-hours answering service shall comply with the same telephone answer time standard set forth in this Section. In any case, at all times a franchisee shall provide an answering machine so that callers will have the option to leave messages. A franchisee must hire sufficient competent customer service representatives and repair technicians so that it can adequately respond to customer inquiries, complaints, and requests for service in its office, over the phone, and at a subscriber's residence; provide prompt and effective service to subscribers; and, as a rule, complete repairs within a subscriber's home upon a single visit. Under normal operating conditions, each of the following standards shall be met by all franchisees at least ninety-five percent (95%) of the time, as measured on a quarterly basis: Excluding conditions beyond the control of the franchisee, repairs and maintenance for service interruptions must begin promptly and in no event later than twenty-four (24) hours after the subscriber reports the problem to the franchisee or its representative or the interruption or need for repairs otherwise becomes known to the franchisee. All such work must be completed within three (3) days from the date of the initial request, except installation requests, provided that a franchisee shall complete the work in the shortest time possible where, for reasons beyond the franchisee's control, the work could not be completed in those time periods even with the exercise of all due diligence; the failure of a franchisee to hire sufficient staff or to properly train its staff shall not justify a franchisee's failure to comply with this provision. Each franchisee shall perform service calls, installations, and disconnects at least during normal business hours. In addition, maintenance service capability enabling the prompt location and correction of major system malfunctions shall be available Monday through Friday from the end of normal business hours until 12:30 A.M., and from 8:00 A.M. until 12:30 A.M. on Saturdays, Sundays, and holidays. The appointment window for installations, service calls, and other installation activities will be either a specific time or, at a maximum, a two (2) hour time block during normal business hours, or such greater time as the County may authorize. Where a subscriber cannot conveniently arrange for a service call or installation during normal business hours, a franchisee shall also schedule service and installation calls outside normal business hours for the express convenience of the subscriber. A franchisee may not cancel an appointment with a subscriber after the close of business on the business day preceding the appointment. If a franchisee's representative is running late for an appointment with a subscriber and will not be able to keep the appointment as scheduled, the subscriber will be contacted, and the appointment rescheduled, as necessary, at a time which is convenient for the subscriber. A franchisee shall keep an emergency system maintenance and repair staff, capable of responding to and repairing system malfunctions or interruptions, on a twenty-four (24) hour basis. Under normal operating conditions, billing inquiries and requests for service, repair, and maintenance not involving service interruptions must be acknowledged by a trained customer service representative within twenty-four (24) hours, or prior to the end of the next business day, whichever is earlier. A franchisee shall respond to all other inquiries within five (5) business days of the inquiry or complaint. If a subscriber experiences a missed appointment due to the fault of a franchisee, the franchisee shall credit the subscriber's account Twenty Dollars ($20.00) for each missed appointment, or grant the subscriber such other equivalent remedy as the subscriber and franchisee may agree. This is in addition to any other penalties or liquidated damages. Upon subscriber request, each franchisee shall arrange for pickup and replacement of converters or other franchisee equipment at the subscriber's address or by a satisfactory equivalent (such as the provision of a postage-prepaid mailer). At a subscriber's request, a franchisee shall make such pickup or replacement at the same time as any disconnection or other related service call, so as to avoid an additional visit. If a franchisee charges a fee for such pickup or replacement, such fee shall be clearly disclosed at the time of the subscriber's request. A franchisee shall, when practicable, schedule and conduct maintenance on its cable system so that interruption of service is minimized and occurs during periods of minimum subscriber use of the cable system. The franchisee shall provide reasonable prior notice to subscribers and the County before interrupting service for planned maintenance or construction, except where such interruption is expected to be one (1) hour or less in duration. Such notice shall be provided by methods reasonably calculated to give subscribers actual notice of the planned interruption. A franchisee may intentionally interrupt service on the cable system after 7:00 A.M. and before 1:00 A.M. only with good cause and for the shortest time possible and, except in emergency situations, only after publishing notice of service interruption at least twenty-four (24) hours in advance of the service interruption. Service may be intentionally interrupted between 1:00 A.M. and 7:00 A.M. for routine testing, maintenance, and repair, without notification, any night except Friday, Saturday, or Sunday, or the night preceding a holiday. Unless otherwise provided for herein, a franchisee shall provide the following materials to each subscriber at the time cable service is installed, at least annually thereafter, and at any time upon request. Copies of all such materials provided to subscribers shall also be provided to the County. A written description of products and services offered, including a schedule of rates and charges, a list of channel positions, and a description of programming services, options, and conditions; A written description of the franchisee's installation and service maintenance policies, delinquent subscriber disconnect and reconnect procedures, and any other of its policies applicable to its subscribers; Written instructions on how to use the cable service; Written instructions for placing a service call; A written description of the franchisee's billing and complaint procedures, including the address and telephone number of the County office responsible for receiving subscriber complaints; A copy of the service contract, if any (at installation or on request, but need not be provided annually); Notice regarding subscribers' privacy rights pursuant to 47 U.S.C. Section 551; Notice of the availability of universal remote controls and other compatible equipment (a list of which, specifying brands and models, shall be provided to any subscriber upon request). Subscribers will be notified of any changes in rates, programming services, or channel positions, and any significant changes in any other information required to be provided by this Section as soon as possible, in writing, unless such notice is waived by operation of applicable law. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the cable operator. Notwithstanding the above, a cable operator shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, franchise fee, or any other fee, tax, assessment, or charge of any kind imposed by any Federal agency, State, or franchising authority on the transaction between the operator and the subscriber. All franchisee promotional materials, announcements, and advertising of residential cable service to subscribers and the general public, where price information is listed in any manner, shall clearly and accurately disclose price terms. In the case of pay-per-view or pay-per-event programming, all promotional materials must clearly and accurately disclose price terms; and, in the case of telephone orders, a franchisee shall take appropriate steps to ensure that price terms are clearly and accurately disclosed to potential customers before the order is accepted. Copies of all notices provided to subscribers under these customer service standards, as well as all promotional or special offers made to subscribers, and of any agreements used with subscribers, shall be filed promptly with the County. Bills shall be clear, concise, and understandable. Bills must be fully itemized with itemizations including, but not limited to, basic service, cable programming service, and premium service charges and all equipment charges. Bills shall clearly delineate all activity during the billing period, including optional charges, rebates, and credits. Refund checks to subscribers shall be issued promptly, but no later than the later of: The subscriber's next billing cycle, or thirty (30) days, following resolution of the refund request, whichever is earlier; or The return of all equipment supplied by the franchisee, if service is terminated. Credits for service shall be issued no later than the subscriber's next billing cycle following the determination that a credit is warranted. A franchisee's first billing statement after a new installation or service change shall be prorated as appropriate and shall reflect any security deposit. Late fees will not be assessed for payments after the due date until forty-five (45) days after the beginning of the service period for which the payment is to be rendered. A franchisee must notify the subscriber that he or she can remit payment in person at the franchisee's business office and inform the subscriber of the address of that office. Subscribers shall not be charged a late fee or otherwise penalized for any failure by a franchisee, including failure to timely or correctly bill the subscriber, or failure to properly credit the subscriber for a payment timely made. A subscriber who asks a franchisee for credit for an outage shall receive credit for the actual time period of the outage as a pro rata fraction of the monthly charges for any outage lasting between two (2) and six (6) hours, without reference to the time the subscriber contacts the franchisee. A subscriber shall receive credit for one full day's monthly charges for any outage of between six (6) and twenty-four (24) hours, whether or not the subscriber reports such an outage, if the franchisee becomes aware of such outages, either through reports by subscribers or otherwise. Each franchisee shall place a message in subscribers' bills at least quarterly, explaining how to report an outage, how to obtain a credit, and under what conditions credits are available. A franchisee shall also establish a mechanism by which subscribers may reliably and immediately contact the franchisee by telephone and report an outage for credit purposes, either by ensuring that they can reliably and immediately reach a live person or by another method (for example, by leaving a voice message or entering the subscriber's telephone number). Upon receiving such reports, the franchisee shall promptly contact the subscriber to confirm that the report has been received, and apply the credit to the subscriber's bill unless the franchisee reasonably concludes that the subscriber's report is false. Franchisee shall respond to all written billing complaints from subscribers within thirty (30) days. A subscriber may terminate service at any time. A franchisee shall promptly disconnect or downgrade any subscriber. No period of notice prior to voluntary termination or downgrade of service may be required of subscribers by any franchisee. So long as the subscriber returns, or permits the franchisee to retrieve, any equipment necessary to receive a service within five (5) business days of the disconnection, no charge may be imposed by any franchisee for any cable service delivered after the date of the disconnect request. A subscriber may be asked, but not required, to disconnect a franchisee's equipment and return it to the business office. Any funds due the subscriber shall be refunded on disconnected accounts after any customer premises equipment provided by the franchisee has been recovered by the franchisee. The refund must be made within thirty (30) days or by the end of the next billing cycle, whichever is earlier, from the date disconnection was requested (or, if later, the date on which any customer premises equipment provided by the franchisee is returned). If a subscriber fails to pay a monthly subscriber fee or other fee or charge, a franchisee may disconnect the subscriber's service, however, such disconnection shall not be effected until at least forty-five (45) days after the bill is due, plus at least ten (10) days advance written notice to the subscriber in question of intent to disconnect, but in no event before the date when the franchisee would be entitled to charge a late fee. If the subscriber pays all amounts due, including late charges, before the date scheduled for disconnection, the franchisee shall not disconnect service. After disconnection, upon payment by the subscriber in full of all proper fees or charges, including the payment of the reconnection charge, if any, the franchisee shall promptly reinstate service. A franchisee may immediately disconnect a subscriber if the subscriber is damaging or destroying the franchisee's cable system or equipment. After disconnection, the franchisee shall restore service after the subscriber provides adequate assurance that it has ceased the practices that led to disconnection, and paid all proper fees and charges, including any reconnect fees and amounts owed the franchisee for damage to its cable system or equipment. A franchisee may also disconnect a subscriber that causes signal leakage in excess of federal limits. A franchisee may disconnect a subscriber without notice where signal leakage is detected originating from the subscriber's premises in excess of federal limits, provided that the franchisee shall immediately notify the subscriber of the problem and, once the problem is corrected, reconnect the subscriber. The disposition of cable home wiring in residential single-family homes shall be governed by FCC rules regarding cable home wiring as of December 1, 1998. A franchisee shall reconnect service to customers wishing restoration of service, provided such a customer shall first satisfy any previous obligations owed. At the time a franchisee alters the service it provides to a class of subscribers, it must provide each subscriber thirty (30) days notice, explain the substance and full effect of the alteration, and provide the subscriber the right to opt to receive any combination of services thereafter offered by franchisee. No charge may be made for any service or product that the subscriber has not affirmatively indicated it wishes to receive. A franchisee shall make available to any subscribers, upon request, the option of blocking the video or audio portion of any channel or channels of programming entering the subscriber's home. The control option described herein shall be made available to all subscribers requesting it when any cable service is provided, or reasonably soon thereafter. A franchisee shall keep such records as are necessary to show compliance with these customer service standards and FCC customer service standards. The County shall have the right to observe and inspect a franchisee's customer service procedures. Except as prohibited by federal law, a franchisee shall be subject to penalties, forfeitures, and any other remedies or sanctions available under Federal, State, or local law, including, without limitation, this Subtitle and a franchisee's franchise with the County if it fails to comply with the standards herein. A franchisee shall not be subject to penalties or liquidated damages as a result of any violations of these customer service standards that are due to force majeure as characterized in its franchise agreement. No franchisee or OVS operator shall demand the exclusive right to provide cable service to a person or location as a condition of extending cable service or a cable system. This provision is not intended and shall not be interpreted: To prohibit voluntary exclusive agreements to provide cable service; To create any private cause of action for any person; or To prohibit exclusive agreements permitted by Federal law. No franchisee or OVS operator shall engage in unfair methods of competition or unfair or deceptive acts or practices, the purpose or effect of which is to hinder significantly or to prevent any multichannel video programming distributor, as defined in federal law, from providing cable service or services similar to cable service in the County. This provision does not apply to methods, acts, or practices allowed by Federal or State law. Any allegation that a franchisee has engaged in methods, acts, or practices that would be prohibited hereunder will be considered by the County only after exhaustion of federal remedies. This provision is not intended to create a private cause of action.

The CATV Commission shall enforce the rate regulations promulgated by the FCC in 47 CFR 76.922, et seq., for the establishment of initial basic cable service and associated equipment rates and for basic cable service and associated equipment rate increases. The franchisee shall submit all rate filings on the proper federal forms. All CATV Commission rate proceedings shall be consistent with the rules and regulations promulgated by the FCC. Following the receipt by the CATV Commission of the franchisee's request for review of its existing rates for the basic service tier and associated equipment costs, or the franchisee's request for a proposed increase in these rates, the CATV Commission shall hold a public hearing prior to making a final decision on the request for rate review. The public hearing shall be held to provide the franchisee and all other interested persons an opportunity to be heard concerning the request. The Commission shall have the public hearing notice setting forth the time and place of said hearing published, at least once, in the County newspapers of record and on the government access channel no less than ten (10) working days prior to the date of the hearing. The Commission shall mail a copy of the public hearing notice to the franchisee at least ten (10) working days prior to the date of the hearing. The existing rates will remain in effect or the proposed rates, as appropriate, will become effective after thirty (30) days from the date of receipt of the request; provided, however, that, if the CATV Commission is unable to reach a decision, based upon the material submitted by the franchisee, it may toll the thirty (30) day deadline by issuing a brief written order within the thirty (30) day period explaining that it needs additional time to request and/or consider additional information or to consider the comments from interested persons. The CATV Commission may request an additional ninety (90) days in cases not involving cost-of-service showings, or an additional one hundred fifty (150) days in cases involving cost-of-service showings. The proposed rates shall go into effect or existing rates will remain in effect, as appropriate, at the end of the ninety (90) or one hundred fifty (150) day period, subject to refunds, if the CATV Commission issues a subsequent written decision disapproving any portion of such rates. In order to issue such refunds, the CATV Commission must issue a brief written order to the franchisee by the end of the ninety (90) or one hundred fifty (150) day period, directing the franchisee to keep an accurate account of all amounts received by reason of the rate in issue and on whose behalf such amounts were paid. The maximum one hundred eighty (180) day period may be extended by mutual agreement of the CATV Commission and the franchisee. The franchisee, upon submitting information required to be produced in the course of a rate proceeding, may request that such information not be made routinely available for public inspection. The franchisee must identify information it claims is confidential and explain why it is confidential. If the request for confidentiality is denied, the franchisee has five working days to seek a review of that decision from the FCC. The franchisee shall publish and make available to each potential subscriber a schedule of all applicable fees and charges for providing cable television service and must notify subscribers that basic cable service is available. The franchisee may, at its own discretion, waive, reduce, or suspend connection fees for specific or indeterminate periods and/or monthly service fees for periods not to exceed thirty (30) days for promotional purposes where allowed by federal regulations. The franchisee shall not, with regard to fees, discriminate or grant any preference or advantage to any person; provided, however, that the franchisee may establish a uniform bulk discount rate structure for basic cable service and associated equipment provided to ten (10) or more dwelling units within an apartment building, condominium, garden apartment, or townhouse complex under common ownership, or to ten (10) or more room units within hotels and motels, or to commercial establishments engaged in the sale of television receivers. The franchisee may offer reasonable discounts to senior citizens or other economically disadvantaged group discounts. Upon completion of the rate proceedings, the CATV Commission shall prepare a written decision only if it disapproves the franchisee's request. All changes in subscriber fees shall be determined by the CATV Commission in accordance with the federal regulations. In addition to any other penalties contained in this Subtitle, the CATV Commission may: Order the franchisee to implement a reduction in basic service tier or associated equipment rates where necessary to bring rates into compliance with the federal standards; Prescribe a reasonable rate for the basic service tier or associated equipment after it determines that a proposed rate is unreasonable; Order the franchisee to refund to subscribers that portion of previously paid rates determined to be in excess of the permitted tier charge or above the actual cost of equipment, unless the franchisee has submitted a cost-of-service showing which justifies the rate charged as reasonable. The CATV Commission shall give the franchisee notice and an opportunity to comment prior to ordering the franchisee to refund previously paid rates. The franchisee's liability for refunds is limited to a one (1) year period, except that a franchisee that fails to comply with a valid rate order shall be liable for refunds commencing from the effective date of such order until such time as it complies with such order; Impose fines or monetary forfeitures, in accordance with Section 5A-114, on a franchisee that does not comply with a rate decision or refund order. Subject to applicable law, a franchisee shall establish rates that are nondiscriminatory within the same general class of subscribers and which must be applied fairly and uniformly to all subscribers in the franchise area for all services. Nothing contained herein shall prohibit a franchisee from offering, by way of illustration and not limitation: Discounts to senior citizens or economically disadvantaged groups; Discounts to commercial and multiple-family dwelling subscribers billed on a bulk basis; Promotional discounts; or Reduced installation rates for subscribers who have multiple services. The provisions of this Section shall apply to all rates, whether or not they are otherwise subject to rate regulation, except to the extent specifically prohibited by law.

The County finds that public rights-of-way of the County to be used by a franchisee for the operation of a cable system are valuable public property acquired and maintained by the County. The County further finds that the grant of a franchise to use public rights-of-way is a valuable property right without which a franchisee would be required to invest substantial capital. Each franchisee shall pay a franchise fee of five percent (5%) of gross revenues. The franchisee shall file with the County, within thirty (30) days after the expiration of each of the franchisee's fiscal quarters, a financial statement clearly showing the gross revenues received by the franchisee during the preceding quarter. The quarterly portion of the franchise fee shall be payable to the County at the time such statement is filed. Payment of the franchise fee shall not be considered in the nature of a tax or in lieu of other taxes or fees of general applicability imposed by the County. The franchise fee is in addition to all other taxes and payments that a franchisee may be required to pay under its franchise agreement or any Federal, State, or local law, and to any other tax, fee, or assessment imposed by utilities and cable operators for use of their services, facilities, or equipment, including any applicable amusement taxes, except to the extent that such fees, taxes, or assessments must be treated as a franchise fee under Section 642 of the Cable Act, 47 U.S.C. Section 522. No franchisee may designate the franchise fee as a tax in any communication to a subscriber. In the event any franchise fee payment or recomputed amount is not made on or before the required date, the franchisee shall pay additional compensation and interest charges computed from such due date, at an annual rate equal to the commercial prime interest rate of the County's primary depository bank during the period such unpaid amount is owed, in addition to any applicable penalties or liquidated damages. The County shall have the right to inspect records, to require a franchisee to provide copies of records at the franchisee's expense, and to audit and to recompute any amounts determined to be payable, whether the records are held by the franchisee, an affiliate, or any other entity that collects or receives funds related to the franchisee's operation in the County, including, by way of illustration and not limitation, any entity that sells advertising on the franchisee's behalf, for a period of five years from the date a payment was made or, if no payment was made, from the date the County believes payment was owed, after which time all payments are final. A franchisee shall be responsible for providing to the County all records necessary to confirm the accurate payment of franchise fees, without regard to by whom they are held. Such records shall be made available pursuant to the requirements of this Subtitle. The franchisee shall maintain such records for the term of its franchise agreement, and any renewals or extensions thereof. The County's audit expenses shall be borne by the County unless the audit discloses an underpayment of five percent (5%) or more of the amount due, in which case the costs of the audit shall be borne by the franchisee as a cost incidental to the enforcement of the franchise. Any additional amounts due to the County as a result of the audit shall be paid within thirty (30) days following written notice to the franchisee by the County of the underpayment, which notice shall include a copy of the audit report. If recomputation results in additional revenue to be paid to the County, such amount shall be subject to a ten percent (10%) interest charge. No acceptance of any payment by the County shall be construed as a release or an accord and satisfaction of any claim the County may have for further or additional sums due or for the performance of any other obligation of a franchisee, or as an acknowledgment that the amount paid is the correct amount due. This Subtitle shall not be applicable to municipally-controlled public ways. However, any municipality may be included in the County's cable system. Upon application of the franchisee accompanied by a resolution from the municipality authorizing the extension pursuant to the provisions of this Subtitle, the Commission may extend a service area to include the area of the municipality delineated in the aforementioned application. When so approved by the Commission, all the terms and provisions of this Subtitle shall apply to the area of the municipality so designated. The County shall pay each municipality participating in the County system a share of the franchise fee revenues which the County receives from the franchisee. Said share shall be an amount equivalent to two-and-a-half percent (2.5%) of the gross revenues attributable to outlets within the municipality.

The County shall have the right to inspect records and to require a franchisee to provide copies of records at the franchisee's expense at any time during normal business hours at the County cable system office for all books, receipts, maps, plans, contracts, service complaint logs, performance test results, records of requests for service, computer records, disks, or other storage media and other like material which the County deems appropriate in order to monitor compliance with the terms of this Subtitle, its franchise agreement, or applicable law. This includes not only the books and records of a franchisee, but any books and records the County reasonably deems relevant held by an affiliate, a cable operator of the cable system, or any contractor, subcontractor, or any person holding any form of management contract for the cable system. A franchisee is responsible for collecting the information and producing it at the location specified above, and, by accepting its franchise, it affirms that it can and will do so. A franchisee will be given reasonable advance written notice of any inspection request, which shall serve as notice that any or all of the above materials may be inspected. A franchisee shall maintain financial records that allow analysis and review of its operations in each individual franchise area. Access to a franchisee's records shall not be denied by such franchisee on the basis that said records contain "proprietary" information. Refusal to provide information required herein to the County shall be grounds for revocation. All confidential information received by the County shall remain confidential insofar as permitted by law. A franchisee shall maintain a file of records open to public inspection in accordance with applicable FCC rules and regulations. Each report filed by a franchisee pursuant to this Subtitle shall be certified by a corporate officer as accurate and complete. Communication with Regulatory Agencies. If and to the extent requested by the County, a franchisee shall file with the County, in a form acceptable to the County, all reports and materials submitted to the FCC, the Security and Exchange Commission, or any other Federal or State regulatory commission or agency, including, but not limited to, any proof of performance tests and results, Equal Employment Opportunity reports, and all petitions, applications, and communications of all types regarding the cable system, or a group of cable systems of which the franchisee's cable system is a part, submitted by the franchisee, an affiliate, or any other person on the behalf of the franchisee. Materials filed with the County pursuant to Section 5A-112(b)(1) shall be filed as follows: Materials submitted by the franchisee, an affiliate, or any other person on the behalf of a franchisee shall be filed with the County at the time they are submitted to the receiving agency. Upon accepting the franchise, the franchisee shall, within sixty (60) days, file the documents required to obtain all necessary Federal, State, and local licenses, permits, and authorizations required for the conduct of its business, and shall submit monthly reports to the Director on progress in this respect until all such documents are in hand. Within three (3) months after receipt of a Certificate of Compliance from the FCC, the franchisee shall furnish the Director a construction schedule and map setting forth target dates by areas for commencement of service to subscribers. The schedule and map shall be updated whenever substantial changes become necessary. The franchisee shall complete construction of the system in the franchise territory and offer and deliver cable television service in full accordance with this Subtitle and the franchise granted hereunder to subscribers in not less than twenty percent (20%) of the occupied dwelling units within the franchise territory within one (1) year after receiving all necessary permits, authorizations, and licenses and to one hundred percent (100%), if economically feasible, within five (5) years. Unless this requirement is waived in whole or in part by the County, by April 1 of each year for the previous calendar year, a franchisee shall submit a written report to the County, in a form directed by the County, which shall include: A summary of the previous year's activities in development of the cable system, including, but not limited to, descriptions of services begun or dropped, the number of subscribers gained or lost for each category of service, the number of pay units sold, the amount collected annually from users of the system, and the character and extent of the services rendered to such users, including leased access channel users; A summary of complaints, identifying both the number and nature of the complaints received and an explanation of their dispositions, to the extent such records are kept by the franchisee. Where complaints involve recurrent system problems, the nature of each problem and the corrective measures taken shall be identified; A report showing the number of service calls received by type during the prior quarter, and the percentage of service calls compared to the subscriber base by type of complaint; A certification of compliance with applicable customer service standards. If a franchisee is in noncompliance with any standard during any calendar quarter, it shall include in its annual filing a statement specifying areas of noncompliance, the reason for the noncompliance, and a remedial plan; A copy of the franchisee's rules and regulations applicable to subscribers of the cable system; An annual statement showing the yearly gross revenues, prepared and audited by a Certified Public Accountant acceptable to the County; An annual financial report for the previous calendar year, audited and certified by an independent certified public accountant, including year-end balance sheet, income statement showing subscriber revenue from each category of service, and every source of nonsubscriber revenue, line item operating expenses, depreciation expense, interest expense, and taxes paid, statement of sources and applications of funds, capital expenditures, and depreciation schedule; An annual list of officers and members of the Board of Directors or similar controlling body of the franchisee and any affiliates; An organizational chart showing all corporations or partnerships with more than a five percent (5%) ownership interest in the franchisee, and the nature of that ownership interest (limited partner, general partner, preferred shareholder, etc.), and showing the same information for each corporation or partnership that holds such an interest in the corporations or partnerships so identified, and so on until the ultimate corporate and partnership interests are identified; An annual report and SEC 10(k) filing for each entity identified in Subsection 5A-112(c)(8), above, that generates such documents; A summary of the results of, and, at the franchisee's option, copies of the system's technical tests and measurements performed during the past year; A detailed copy of updated maps depicting the location of all cable plant, showing areas served and locations of all trunk lines and feeder lines in the County, and including changes in all such items for the period covered by the report; A full schedule of all subscriber and other user rates, fees, and charges; Such other information as the County may direct. Unless this requirement is waived in whole or in part by the County, twice each year (by January 31 for the previous six months ending December 31, and by July 31 for the previous six months ending June 30) a franchisee shall submit written reports to the County, in a form acceptable to the County, which shall include a summary of the franchisee's Minority Business Plan and activities thereunder, pursuant to Section 5A-117. Unless this requirement is waived in whole or in part by the County, no later than ten (10) days after the end of each month, a franchisee shall submit a written report to the County regarding the preceding month, in a form acceptable to the County, which shall include: The active system plant in miles, specifying aerial and underground mileage; The new system segments built, in miles, if any, specifying aerial and underground mileage; The number of subscribers and the penetration rate for each type of service and equipment offered; The number of disconnects; The number of outages, identifying separately: Each outage, whether planned or unplanned, the time it occurred, its duration, when the franchisee responded and when the outage was corrected, the estimated area, and a description of the subscribers affected; In addition, for each unplanned outage, its cause, the number of subscribers affected; and The total hours of outages as a percentage of total hours of cable system operation; The number of cases in which installation was not provided within the time established in this Subtitle; The average telephone answering and hold times, and the number of instances in which those telephone answering and hold times exceeded the time limits established in this Subtitle; The percentage of customer calls that received a busy signal; The average and minimum number of customer service representatives on the franchisee's staff for telephone answering purposes; The number of times in which interruptions of service under Section 5A-109(e) was not in compliance with the times established in this Subtitle; The number of times scheduling and completing customer service did not occur in accordance with Section 5A-109(d)(3). Unless this requirement is waived in whole or in part by the County, the franchisee shall deliver the following special reports to the County: A franchisee shall submit quarterly construction reports to the County after the franchise is awarded for any construction undertaken during the term of the franchise until such construction is complete, including any rebuild that may be specified in the franchise. The franchisee must submit to the County as part of the quarterly construction report, or make available for inspection with notice of their availability as part of the quarterly construction report, updated as-built system design maps depicting construction completed in the previous quarter. The maps shall be developed on the basis of postconstruction inspection by the franchisee and construction personnel to assess compliance with system design. Any departures from design must be indicated on the as-built maps, to assist the County in assessing operator compliance with its obligations. A franchisee must submit a copy of any notice of deficiency, forfeiture, or other document issued by any State or Federal agency instituting any investigation or civil or criminal proceeding regarding the cable system, the franchisee, or any affiliate of the franchisee, to the extent the same may affect or bear on operations in the County. This material shall be submitted in accordance with the deadlines specified in Section 5A-112. The franchisee must submit a copy of any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by the franchisee or by any partnership or corporation that owns or controls the franchisee directly or indirectly. This material shall be submitted in accordance with the deadlines specified in Section 5A-112. A franchisee shall provide such other information or reports as the County may request for the purpose of enforcing any provision of the franchise agreement or this Subtitle. The franchisee shall at all times maintain: Records of all complaints received. The term "complaints" as used herein and throughout an agreement refers to complaints about any aspect of the cable system or the franchisee's operations, including, without limitation, complaints about employee courtesy. Complaints recorded may not be limited to complaints requiring an employee service call; A full and complete set of plans, records, and "as built" maps showing the exact location of all system equipment installed or in use in the County, exclusive of subscriber service drops; A comprehensive record of all personnel transactions and utilization of contractors, subcontractors, vendors, and suppliers by race and sex; Records of outages, indicating date, duration, area, and the subscribers affected, type of outage, and cause; Records of service calls for repair and maintenance indicating the date and time service was required, the date of acknowledgment and date and time service was scheduled (if it was scheduled), and the date and time service was provided, and (if different) the date and time the problem was solved; Records of installation/reconnection and requests for service extension, indicating date of request, date of acknowledgment, and the date and time service was extended; A public file showing its plan and timetable for construction of the cable system. The County may, at its discretion, hold performance evaluation sessions. All such evaluation sessions shall be open to the public. The franchisee may be required by the County to notify subscribers of all such evaluation sessions by announcement on a designated local access channel on the system between the hours of 9:00 A.M. and 9:00 P.M. for five (5) consecutive days preceding each session. Topics that may be discussed at any evaluation session may include, but are not limited to, system performance and construction, franchisee compliance with this Subtitle and its franchise agreement, customer service and complaint response, subscriber privacy, services provided, programming offered, service rate structures, franchise fees, penalties, free or discounted services, applications of new technologies, judicial and FCC filings, and line extensions. During the evaluation process, the franchisee shall fully cooperate with the County and shall provide such information and documents as the County may need to reasonably perform its review, including information and documents that may be considered proprietary or confidential. If any books, records, maps or plans, or other requested documents are too voluminous, or for security reasons cannot be copied and moved, then the franchisee may request that the inspection take place at some other location, provided that: The franchisee must make necessary arrangements for copying documents selected by the County after review; and The franchisee must pay all travel and additional copying expenses incurred by the County in inspecting those documents or having those documents inspected by its designee. The franchisee shall take all steps that may be required to ensure that it is able to provide the County all information which must be provided or may be requested under this Subtitle or its franchise agreement, including by providing appropriate subscriber privacy notices. Nothing in this Section shall be read to require the franchisee to violate 47 U.S.C. Section 551. Each franchisee shall be responsible for redacting any data that federal law prevents it from providing to the County. The County retains the right to question any such redaction and to challenge it in any forum having jurisdiction over such a challenge. Records shall be kept for at least five (5) years. The County may, at its discretion, waive in writing the requirement of any particular report specified in this Section.

The franchisee shall maintain, and by its acceptance of the franchise specifically agrees that it will maintain, throughout the entire length of the franchise period, at least the following liability insurance coverage insuring the County and the franchisee: worker's compensation and employer liability insurance to meet all requirements of Maryland law and comprehensive general liability insurance with respect to the construction, operation, and maintenance of the cable system, and the conduct of the franchisee's business in the County, in the following minimum amounts, but in any event no less than the liability limits specified by the Local Government Tort Claims Act: Five Hundred Thousand Dollars ($500,000) for property damage resulting from any one accident, One Million Dollars ($1,000,000) for property damage aggregate; One Million Dollars ($1,000,000) for personal bodily injury or death for one person, Two Million Dollars ($2,000,000) for bodily aggregate per single accident and occurrence; A general comprehensive public liability policy indemnifying, defending, and saving harmless the County, its officers, boards, commissions, agents, or employees from any and all claims by any person whatsoever on account of injury to, or death of, a person or persons occasioned by the operations of the franchisee under the franchise, herein granted, or alleged to have been so caused or occurred, with a minimum liability of One Million Dollars ($1,000,000) per personal injury or death of any one person and Two Million Dollars ($2,000,000) for personal injury or death of two or more persons in any one occurrence; Two Million Dollars ($2,000,000) for all other types of liability; and Automobile liability insurance for owned or leased vehicles in the minimum amount of Two Million Dollars ($2,000,000) for bodily injury and consequent death per occurrence, One Million Dollars ($1,000,000) for bodily injury and consequent death to any one person, and Five Hundred Thousand Dollars ($500,000) for property damage per occurrence. Such general liability insurance must include coverage for all of the following: all risks form, premises-operations, explosion and collapse hazard, underground hazard, products/completed operations hazard, contractual insurance, broad form property damage, and personal injury. The County may review these amounts and may require reasonable adjustments to them consistent with the public interest. All insurance policies and certificates maintained pursuant to a franchise agreement shall contain the following endorsement: It is hereby understood and agreed that this insurance coverage may not be canceled by the insurance company nor the intention not to renew be stated by the insurance company until thirty (30) days after receipt by the County, by registered mail, of a written notice of such intention to cancel or not to renew. All contractual liability insurance policies and certificates maintained pursuant to a franchise agreement shall include the provision of the following Hold Harmless clause: The Company agrees to indemnify, save harmless and defend the County, its agents, servants, and employees, and each of them against and hold it and them harmless from any or all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorney's fees for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this agreement. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the County, its agents, servants, or employees or any other person indemnified hereunder. All insurance policies shall be with sureties qualified to do business in the State of Maryland, with an A-1 or better rating of insurance by Best's Key Rating Guide, Property/Casualty Edition, and in a form acceptable to Prince George's County. All insurance policies shall be available for review by the County, and the franchisee shall keep on file with the County certificates of insurance. All general liability insurance policies shall name the County, its officers, boards, commissions, commissioners, agents, and employees as additional insureds and shall further provide that any cancellation or reduction in coverage shall not be effective unless thirty (30) days prior written notice thereof has been given to the County. A franchisee shall not cancel any required insurance policy without submission of proof that it has obtained alternative insurance satisfactory to the County which complies with its franchise agreement. Failure to comply with the insurance requirements set forth in this Section shall constitute a material violation of a franchise. A franchisee shall, at its sole cost and expense, indemnify, hold harmless, and defend the County, its officials, boards, commissions, commissioners, agents, and employees against any and all claims, suits, causes of action, proceedings, and judgments for damages arising out of the construction, maintenance, or operation of its cable system; copyright infringements or a failure by the franchisee to secure consents from the owners, authorized distributors, or franchisees of programs to be delivered by the cable system; the conduct of the franchisee's business in the County; or in any way arising out of the franchisee's enjoyment or exercise of the franchise, regardless of whether the act or omission complained of is authorized, allowed, or prohibited by this Subtitle or its franchise agreement. Specifically, a franchisee shall fully indemnify, defend, and hold harmless the County, and in its capacity as such, the officers, agents, and employees thereof from and against any and all claims, suits, actions, liability, and judgments for damages or otherwise subject to 47 U.S.C. Section 558, arising out of or alleged to arise out of the installation, construction, operation, or maintenance of the system, including, but not limited to, any claim against the franchisee for invasion of the right of privacy, defamation of any person, firm, or corporation, or the violation or infringement of any copyright, trademark, trade name, service mark, or patent, or of any other right of any person, firm, or corporation. This indemnity does not apply to programming carried on any channel set aside for PEG use, or channels leased pursuant to 47 U.S.C. Section 532, except that this indemnity shall apply to any actions taken by a franchisee pursuant to 47 U.S.C. Section 531(e) or 47 U.S.C. Section 532(c)(2) concerning the programming carried on PEG or leased access channels or an institutional network. The indemnity provision includes, but is not limited to, the County's reasonable attorneys' fees incurred in defending against any such claim, suit, or proceeding, in addition to the reasonable value of any services rendered by the County Attorney or County staff or employees. Neither the provisions of this Section nor any damages recovered by the County shall be construed to limit the liability of the franchisee for damages under the franchise.

Unless otherwise provided in a cable operator's franchise agreement, the following provisions (1) through (6) shall apply: If, as a result of a dispute between the franchisee and the County and prior to a settlement of that dispute as provided for herein, the franchisee arbitrarily or capriciously discontinues service to its subscribers, the franchisee shall forfeit its rights of notice and a hearing as provided for herein, and the Commission, with the approval of the County Executive, shall recommend that the Council, by resolution, declare the franchise immediately terminated and the County shall forthwith seek appropriate judicial relief and shall proceed to exercise its rights and powers as provided for herein. If a renewal of a franchise held by a cable operator is denied and the County acquires ownership of the cable system or effects a transfer of ownership of the system to another person, any such acquisition or transfer shall be at fair market value, determined on the basis of the cable system valued as a going concern but with no value allocated to the franchise itself. If a franchise held by a cable operator is revoked for cause and the County acquires ownership of the cable system or effects a transfer of ownership of the system to another person, any such acquisition or transfer shall be at an equitable price. Upon payment of the purchase price, the franchisee shall immediately transfer to the County possession and title to all facilities and property, real and personal, related to its cable television system free from any and all liens and encumbrances not agreed to be assumed by the County in lieu of some portion of the purchase price. Until such time as the franchisee transfers to the County or to a new franchisee possession and title to all assets, real and personal, related to its cable television system, the franchisee shall, as trustee for its successor in interest, continue to operate the cable television system under the terms and conditions of this Subtitle and the franchise and to provide the basic service and any and all of the services that may be provided at that time. During such interim period, the franchisee shall not sell any of the system assets nor shall the franchisee make any physical, material, administrative, or operational change that would tend to degrade the quality of service to the subscribers, decrease income, or materially increase expenses without the express permission, in writing, of the County or its assignee. The County shall be permitted to seek legal and equitable relief to enforce the provisions of this Section. For its management services during this interim period, the franchisee shall be entitled to receive as compensation the net profit, as defined herein, generated during the period between the date the franchisee received written notice from the County of its intent to purchase the franchisee's cable television system or the expiration date of the franchise, whichever is earlier, and the payment of the purchase price. Such management services shall not be continued for more than twelve (12) months without the franchisee's consent. However, if the Commission determines that the franchisee is responsible for any delay in transfer of ownership and control, the franchisee shall continue to operate the cable television system, as provided for in this Subtitle, without compensation for its services until the sales agreement is executed and ownership and control passes to the County or its assignee. In addition, the County shall also have the further right to forthwith terminate the franchise or to purchase the assets of the franchisee's cable system at fair market value. For violation of provisions of this Subtitle or a franchise agreement entered into pursuant to this Subtitle, penalties shall be assessable against a franchisee and shall be chargeable to the franchisee's security fund in any amount up to the limits specified below, at the County's discretion: For failure to submit any required plans indicating expected dates of installation of various parts of the system: One Thousand Dollars ($1,000)/day for each violation for each day the violation continues; For failure to commence operations in accordance with the requirements of the franchise agreement: Two Thousand Dollars ($2,000)/day for each violation for each day the violation continues after a thirty (30) day cure period, if the franchisee has not undertaken substantial corrective action to cure the violation within that thirty (30) day period; For failure to substantially complete construction in accordance with a franchisee's franchise agreement: Three Thousand Dollars ($3,000)/day for each violation for each day the violation continues after a thirty (30) day cure period, if the franchisee has not undertaken substantial corrective action to cure the violation within that thirty (30) day period; For transferring the franchise without approval: Two Thousand Dollars ($2,000)/day for each violation for each day the violation continues; For failure to comply with requirements for PEG use of the system: One Thousand Dollars ($1,000)/day for each violation for each day the violation continues after a fourteen (14) day cure period, if the franchisee has not undertaken substantial corrective action to cure the violation within that fourteen (14) day period; For failure to supply information, reports, or filings lawfully required under the franchise agreement or applicable law or by the County: Five Hundred Dollars ($500)/day for each violation for each day the violation continues after a thirty (30) day cure period, which shall begin to run on the due date of any regularly scheduled report and on the date of a deadline reasonably set by the County for any report or information request not regularly scheduled, unless the franchisee shows that it was not in fact aware of the requirement in question, in which case the thirty (30) day cure period shall begin to run upon written notice of such requirement by the County to the franchisee; For violation of customer service standards, or failure to file a compliance certification or noncompliance statement as required herein: Five Hundred Dollars ($500)/day or per event, if the violation continues after the franchisee is in receipt of a written notice from the County outlining the violation and is given a seven (7) day period to cure the violation; For failure to pay franchise fees or liquidated damages: One Hundred Dollars ($100)/day, in addition to any monetary payment due under a franchise agreement or this Subtitle, for each violation for each day the violation continues after a seven (7) day cure period, if the franchisee has failed to make payment within that seven (7) day period, provided that these penalties shall be in addition to any late fees that may apply; For failure to file, obtain, or maintain any required security fund in a timely fashion: Two Hundred Dollars ($200)/day; For failure to restore damaged property: Two Hundred Dollars ($200)/day, in addition to the cost of the restoration and any other penalties or fees as required elsewhere herein or in a franchise agreement, for each day the violation continues after a thirty (30) day cure period, if the franchisee has not undertaken substantial corrective action to cure the violation within that thirty (30) day period; For violation of technical standards established by the FCC: One Hundred Dollars ($100)/day for each day the violation continues after a thirty (30) day cure period after the County gives the franchisee notice of such violation; For knowingly and intentionally signing a false report or statement: One Thousand Dollars ($1,000)/report or document; For any other violation of this Subtitle, a franchise agreement, or other applicable law: Five Hundred Dollars ($500)/day for each violation for each day the violation continues. The franchisee shall pay any penalty assessed in accordance with this Subtitle within fourteen (14) days after receipt of notice from the County of such penalty. To the extent that penalties are applied to a franchisee under this Section, a franchisee shall not be subject to liquidated damages payable to the County for the same violation. The County may reduce or waive any of the above-listed penalties for good cause shown. Pending litigation or any appeal to any regulatory body or court having jurisdiction over a franchisee shall not excuse the franchisee from the performance of its obligations under this Subtitle or its franchise agreement unless a stay is obtained or the franchisee is otherwise excused from performance by operation of law. Failure of the franchisee to perform such obligations because of pending litigation or petition, in the absence of a stay issued by a forum of competent jurisdiction, may result in forfeiture or revocation pursuant to the provisions of this Subtitle and/or its franchise agreement. Any franchise shall be deemed revoked one hundred twenty (120) calendar days after an assignment for the benefit of creditors or the appointment of a receiver or trustee to take over the business of a franchisee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of creditors, or other action or proceeding. Provided, however, that a franchise may be reinstated at the County's sole discretion if, within that one hundred twenty (120) day period: Such assignment, receivership, or trusteeship has been vacated; or Such assignee, receiver, or trustee has fully complied with the terms and conditions of this Subtitle and the applicable franchise agreement and has executed an agreement, approved by a court of competent jurisdiction, under which it assumes and agrees to be bound by the terms and conditions of this Subtitle and the applicable franchise agreement, and such other conditions as may be established or as are required by applicable law. Notwithstanding the foregoing, in the event of foreclosure or other judicial sale of any of the facilities, equipment, or property of a franchisee, the County may revoke the franchise, following a public hearing, by serving notice on the franchisee and the successful bidder, in which event the franchise and all rights and privileges of the franchise will be revoked and will terminate thirty (30) calendar days after serving such notice, unless: The County has approved the transfer of the franchise to the successful bidder; and The successful bidder has covenanted and agreed with the County to assume and be bound by the terms and conditions of the franchise agreement and this Subtitle, and such other conditions as may be established or as are required pursuant to this Subtitle or a franchise agreement. All remedies under this Subtitle and the franchise agreement are cumulative unless otherwise expressly stated. The exercise of a remedy or the payment of liquidated damages or penalties shall not relieve a franchisee of its obligations to comply with its franchise or applicable law. Recovery by the County of any amounts under insurance, the security fund, the performance bond, or letter of credit, or otherwise does not limit a franchisee's duty to indemnify the County in any way; nor shall such recovery relieve a franchisee of its obligations under a franchise, limit the amounts owed to the County, or in any respect prevent the County from exercising any other right or remedy it may have. Unless otherwise provided for in the franchise agreement, the following provisions shall apply to all: Whenever the franchisee shall willfully and/or repeatedly fail, refuse, or neglect to conduct, operate, or maintain its CATV system in accordance with the terms of this Subtitle and the franchise, or to comply with the conditions of street occupancy, or to make required extensions, or in other ways violate the terms and conditions of this Subtitle, the Director may notify the franchisee, in writing, setting forth the nature and facts of such noncompliance. If within thirty (30) calendar days following such written notification the franchisee has not furnished proof that corrective action has been taken or is being actively and expeditiously pursued, or evidence that the alleged violations did not occur, the Director shall place request for termination of the franchise on the agenda of the next CATV Commission meeting. If, after considering the Director's request for termination of the franchise and hearing all interested parties, the CATV Commission determines that the noncompliance of the franchisee was with just cause, it shall direct the franchisee to comply within such time and manner and on such terms and conditions as are reasonable. If the CATV Commission determines that such noncompliance was without just cause, then the CATV Commission, with the approval of the County Executive, may recommend to the Council that it adopt a bill which terminates the franchise. No revocation or termination shall be effected unless the CATV Commission, at any regular or special public meeting at which all interested parties have been heard, shall set further the reasons for the termination, and in the event the termination of said franchise depends upon a finding of fact, such finding of fact as made by the CATV Commission after said hearing shall be deemed to be conclusive unless modified by a court of law of appropriate jurisdiction. The franchisee shall not be declared in violation of or be subject to any sanction under provisions of this Subtitle in any case where the performance of the cable service is prevented for reasons beyond the franchisee's control. A violation shall not be deemed to be beyond the franchisee's control if committed by a corporation or other business entity in which the franchisee holds a controlling interest, whether held directly or indirectly. The termination of the franchisee shall in no way affect any of the rights of the County under the franchise or any provision of law.

Unless otherwise provided for in the franchise agreement, the franchisee shall maintain a performance bond at one hundred percent (100%) of the cost of construction. In addition, the franchisee shall maintain a letter of credit in a sum not less then Five Hundred Thousand Dollars ($500,000). The letter of credit may be reduced in an amount up to Two Hundred Fifty Thousand Dollars ($250,000) upon the completion of fifty percent (50%) of the construction. The franchisee shall file with the Director a duplicate copy of the performance bond and/or letter or credit which must be approved by the County's Office of Law.

A franchise granted under this Subtitle shall be a privilege to be held in personal trust by the franchisee. No transfer of a franchise, franchisee, or cable system, or of control over the same (including, but not limited to, transfer by forced or voluntary sale, merger, consolidation, receivership, or any other means) shall occur unless prior application is made by the franchisee to the County and the County's prior written consent is obtained, pursuant to this Subtitle and the franchise agreement, and only then upon such terms and conditions as the County deems necessary and proper. Any such transfer without the prior written consent of the County shall be considered to impair the County's assurance of due performance. The granting of approval for a transfer in one instance shall not render unnecessary approval of any subsequent transfer. Any sale, transfer, or assignment of a franchise, franchisee, or cable system or of control over the same (including, but not limited to, transfer by forced or voluntary sale, merger, consolidation, receivership, or any other means) shall be made by a bill of sale or similar document, an executed copy of which shall be filed with the Director within thirty (30) days after any such sale, transfer, or assignment. The Commission shall not withhold its consent unreasonably; provided, however, the proposed assignee agrees to comply with all the provisions of this Subtitle and the franchise agreement, and must be able to provide proof of financial responsibility and the technical expertise to operate the system. The Commission will make a final decision on the transfer request within one hundred twenty (120) days of the request, unless the parties agree to an extension of time. If the Commission fails to act within the one hundred twenty (120) days, the request will be deemed granted. Unless otherwise provided in a franchise agreement, no such consent shall be required for a transfer in trust, mortgage, or other instrument of hypothecation, in whole or in part, to secure an indebtedness except when such hypothecation shall exceed seventy-five percent (75%) of the fair market value of the property used by the franchisee in the operation of its cable system. Prior consent of the Commission shall be required for such transfer and said consent shall not be withheld unreasonably. Notwithstanding any other provision in this Section to the contrary, in no event may the franchisee sell, lease, transfer, or otherwise assign its franchise rights and obligations to another person or business entity prior to the end of the third year after initial franchise award except upon the express authorization, by resolution, of the Council upon recommendation of the Commission and as permitted by the FCC regulations. Approval by the County of a transfer does not constitute a waiver or release of any of the rights of the County under this Subtitle or a franchise agreement, whether arising before or after the date of the transfer.

This Subtitle shall apply to open video systems that comply with 47 U.S.C. Section 573, to the extent permitted by applicable law, except that the following sections shall not apply: Section 5A-103(a)-(c) (regarding grant of franchise), Section 5A-104 (franchise applications), Section 5A-105 (filing fees), Section 5A-106 (provision of service), Section 5A-107(a) (construction schedule), Section 5A-110 (rate regulation), Section 5A-111(b)-(c) (regarding franchise fees), Section 5A-113(f) (failure to comply with insurance requirements shall constitute a material violation of franchise), Section 5A-114(a)(1)(B)-(a)(1)(C) and 5A-114(a)(1)(H) (certain penalties), Section 5A-114(b) (franchise termination due to bankruptcy). In applying this Subtitle to an open video system, "franchisee" shall be taken to refer to the open video system operator, "cable system" to the open video system, and similar terms shall apply similarly. An open video system operator shall pay to the County a fee in lieu of the franchise fee required in Section 5A-111(b) of this Subtitle, pursuant to the procedures and conditions specified in Section 5A-111 and generally herein. An open video system operator shall be subject to obligations pertaining to PEG access pursuant to applicable law and to the requirements herein. An open video system operator shall be subject to all requirements of State and local law regarding authorization to use or occupy the public rights-of-way, except to the extent specifically prohibited by federal law. FCC approval of an open video system operator's certification pursuant to 47 U.S.C. Section 573 shall not be taken to confer upon such operator any authority to use or occupy the public rights-of-way that such operator would not otherwise possess.

A franchisee shall not deny service, deny access, or otherwise discriminate against subscribers, programmers, or residents of the County on the basis of race, color, religion, national origin, sexual orientation, gender, or age. A franchisee shall not discriminate among persons or take any retaliatory action against a person because of that person's exercise of any right it may have under Federal, State, or local law, nor may the franchisee require a person to waive such rights as a condition of taking service. A franchisee shall not deny access or levy different rates and charges on any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides. Subject to applicable law and except to the extent the County may waive such a requirement, a franchisee is prohibited from discriminating in its rates or charges or from granting undue preferences to any subscriber, potential subscriber, or group of subscribers or potential subscribers; provided, however, that a franchisee may offer temporary, bona fide promotional discounts in order to attract or maintain subscribers, so long as such discounts are offered on a nondiscriminatory basis to similar classes of subscribers throughout the County, and a franchisee may offer discounts for the elderly, the handicapped, non-for-profit persons or organizations, or the economically disadvantaged, and other discounts in conformance with federal law, if such discounts are applied in a consistent and nondiscriminatory manner, and provided that a franchisee may provide such other bulk discounts as are permitted by the cable uniform rate structure provisions of federal law as they may exist from time to time. A franchisee shall comply at all times with all applicable Federal, State, and County laws, and all Executive and administrative orders relating to nondiscrimination. Each document required to be maintained, filed, or submitted under the provisions of this Subtitle or a franchise agreement, except those specifically designated as confidential by a franchisee, subject to the County's review, pursuant to applicable law, is a public document, available for public inspection and copying at the requester's expense, at the office of the franchisee or the County during normal business hours. A franchisee shall not refuse to employ, discharge from employment, or discriminate against any person in compensation or in terms, conditions, or privileges of employment because of race, color, religion, national origin, sexual orientation, gender, or age. A franchisee shall comply with all Federal, State, and local laws and regulations governing equal employment opportunities, as the same may be from time to time amended. It is the policy of the County that Minority Business Enterprises (MBE), as defined in Section 10A-101(a)(27) of this Code, shall have the maximum opportunity to participate in the performance of subcontracts. Each franchisee shall employ its best efforts to meet the County's stated goals for minority business participation in a fair share of the franchisee's subcontracting in the County. Each franchisee must submit, on a semiannual basis, a report including the franchisee's Minority Business Plan and a summary of the activities undertaken thereunder. A franchisee's report of such activities shall include, without limitation: Whether the franchisee advertised in general circulation, trade association, and minority focus media concerning subcontracting opportunities; The names and addresses of each potential MBE subcontractor contacted and referred, the actions taken with respect to such subcontractor, and the results of such contacts; Any actions taken by the franchisee to subdivide work in order to enhance the potential to subcontract with certified MBE; and Efforts by the franchisee to provide adequate information about its plans, specifications, and requirements to certified MBE contacted. A franchisee shall not discriminate against local businesses, including local minority-owned businesses, in contracting for, or otherwise procuring, goods or services. A franchisee shall use its best efforts to purchase goods and services from local businesses, including local minority-owned businesses. A franchisee shall at all times protect the privacy rights of all subscribers, including, but not limited to, those rights secured by the provisions of Section 631 of the Cable Act, 47 U.S.C. Section 551. The franchisee shall not permit the transmission of any signal, aural, visual, or digital, including "polling" the channel selection, from any subscriber's premises without first obtaining such subscriber's valid authorization. Neither the franchisee nor any other person shall initiate in any form the discovery of any information on or about an individual subscriber's premises without prior valid authorization from the subscriber potentially affected. This provision is not intended to prohibit the transmission of signals useful only for the control or measurement of system performance or for detection of theft of service. The franchisee shall not permit the installation of any special terminal equipment in any subscriber's premises that will permit transmission from such subscriber's premises of two-way services utilizing aural, visual, or digital signals without such subscriber's prior valid authorization. The franchisee shall strictly observe and protect the rights of privacy and property rights of subscribers and users at all times. Individual subscriber preferences of any kind, viewing habits, political, social or economic philosophies, beliefs, creeds, religions, or names, addresses, or telephone numbers shall not be revealed to any person, governmental unit, police department, or investigating agency unless upon the authority of a court of law, a valid search warrant or subpoena, or upon prior voluntary valid authorization of the subscriber or as may be permitted by operation of law. The franchisee shall not tabulate any test results that would reveal the commercial product preferences or opinions of individual subscribers, members of their families or their invitees, licensees, or employees, nor permit the use of the system for such tabulation without the subscriber's prior valid authorization. A subscriber may at any time revoke any valid authorization to release information by delivering to the franchisee in writing, by mail or otherwise, the subscriber's decision to revoke the authorization. Any such revocation shall be effective upon receipt by the franchisee. A franchisee shall not condition subscriber service on the subscriber's valid authorization or grant or denial of permission to collect, maintain, or disclose personally identifiable information, except to the extent that such information is necessary for credit check or billing purposes.

It shall be unlawful for any person to attach or affix or to cause to be attached or affixed any equipment or device that allows access or use of the cable system without lawful payment to the franchise for same. It shall be unlawful for any person to willfully interfere or tamper with, remove, obstruct, damage any part, segment, or content of the system.

There is hereby established the County Cable Television Commission which shall consist of five (5) members appointed by the County Executive for terms coterminous with his and confirmed by the Council. Vacancies shall be filled for the unexpired term in the manner of original appointment. Each member shall serve until his successor is appointed and qualified. One (1) of said members shall have practical experience and/or educational qualifications in the field of cable television; one (1) of said members shall be a Certified Public Accountant; and three (3) of said members shall be of the public at large, provided that one (1) of said members shall be a representative of the Prince George's Municipal Association. The Municipal Association nominee shall be chosen by the County Executive from a list of three (3) persons submitted by the Municipal Association. The Chairman of the Commission shall be a public member, designated by the County Executive and confirmed by the Council pursuant to Section 322 of the Charter. A member of the Commission may be removed only for cause by the County Executive, subject to approval by the Council. Any member who ceases to reside within the County shall immediately forfeit his office. The Commission shall meet at least once a month and at such other times as deemed necessary. Three (3) members shall constitute a quorum at any meeting. The members of the Cable Television Commission shall be compensated at the rate of Three Hundred Dollars ($300) per month based on attendance at regularly scheduled meetings. This compensation shall include any additional meetings or hearings required during a given month. Said compensation shall be paid out of revenue derived from the franchise fee. The Commission budget shall be part of the budget of the Office of Information Technology. The Commission shall have the following general powers and duties: Invite, receive, review, and evaluate applications for franchises and, following public hearings thereon, recommend to the Council the approval of those franchises which will best serve the residents of County; Resolve disagreements among franchisees, subscribers, and public and private users of system facilities. In the cases where a franchisee has not satisfactorily responded to complaints of service failures, poor service, inferior audio or video signals, or violates FCC customer service standards, the Commission shall have the power to order adjustments which may take the form of the following, without limitation: Require the franchisee to adjust billing charges for services as provided in its franchise agreement and applicable law; Require the franchisee to make reasonable refunds, rebates, or credits as provided in its franchise agreement and applicable law; Require a franchisee to provide service pursuant to the line extension and service availability requirements of its franchise agreement and applicable law; Regulate rates in accordance with this Subtitle and federal law and advise the Council periodically on such regulation; Encourage use of access channels among the widest range of institutions, groups, and individuals within County; Audit all franchise records as required by this Subtitle and, in the Commission's discretion, require the preparation and filing of information additional to that required herein; Make an annual report to the Council, including an account of franchise fees received and distributed and a review of any plans submitted during the year by franchisees for development of new services; Conduct periodic evaluation of a system with the cooperation of the franchisee and, pursuant thereto, make recommendations to the Council for amendments to this Subtitle or the franchise agreement; Advertise in the County's newspapers of record, stating the date, time, place, subject matter and reasonable rules governing the taking of testimony, thirty (30) days' notice of public hearing on franchise applications received by the Commission, franchise revocations, and franchise renewals. With respect to all other public hearings, the notices shall be published prior to the hearings. Direct letter notice of all public hearings shall be given to those municipalities in the affected franchise territory. All public hearings related to a specific franchise shall be held within the geographical boundaries of its franchise area; Promulgate regulations designed to facilitate the delivery of Cable Service to senior citizens who reside in multifamily dwellings, provided that these regulations shall not become effective until approved by resolution of the Council; Authorize the transfer of a franchise; Without limitation, the Commission, by the County Attorney, may institute actions in a court of proper jurisdiction to compel specific performance of customer service standards; provided, however, that a franchisee shall retain any claims it may have as to the propriety of any delegation of authority under this Section; The Cable Commission shall not hold any meeting involving the review, renewal, revocation, or termination of the franchise unless the Director has: Advised the franchisee in writing at a reasonable time prior to such meeting as to its time, place, and purpose; and Provided reasonable public notice of the meeting. Members of the Commission shall file Financial Disclosure Statements in accordance with the provisions of Division 17A of Subtitle 2 of this Code. When a member of the Commission has any interest which is, or may reasonably be, incompatible or in conflict with any of his official duties or acts, he shall disclose the interest in a regular business meeting of the Commission and the disclosure shall appear in the minutes, and he shall disqualify himself and not participate in the decision or act affected thereby. The Executive Director of the Commission shall: Supervise and control Commission staff; and Enforce FCC guidelines as they exist on the effective date of this Subtitle or as they may exist at any time in the future, for as long as such FCC guidelines are in legal effect. The Council shall have the sole authority to grant franchises; authorize the entering into of franchise agreements; modify franchise agreements; renew franchises; revoke franchises; and impose penalties pursuant to this Subtitle.

Each franchisee shall comply with all Federal, State, and local laws and regulations heretofore and hereafter adopted or established during the entire term of its franchise. Without limiting such immunities as the County or other persons may have under applicable law, a franchisee shall have no recourse whatsoever against the County or its officials, boards, commissions, agents, or employees for any loss, costs, expense, or damage arising out of any provision or requirement of this Subtitle or because of the enforcement of this Subtitle or the County's exercise of its authority pursuant to this Subtitle, a franchise agreement, or other applicable law, unless the same shall be caused by criminal acts or by willful or gross negligence. The rights and remedies reserved to the County by this Subtitle are cumulative and shall be in addition to and not in derogation of any other rights and remedies which the County may have with respect to the subject matter of this Subtitle. The County hereby reserves to itself the right to intervene in any suit, action, or proceeding involving any provision of this Subtitle or a franchise agreement. Specific mention of the materiality of any of the provisions herein is not intended to be exclusive of any others for the purpose of determining whether any failure of compliance hereunder is material and substantial. No franchisee shall be relieved of its obligation to comply with any of the provisions of this Subtitle or a franchise agreement by reason of any failure of the County to enforce prompt compliance, nor shall any inaction by the County be deemed to waive or void any provision of this Subtitle or a franchise agreement. The County expressly reserves the right to cause the franchisee fee percentage stated in this Section to be subject to negotiation in the event it is determined that the FCC lacks jurisdiction to impose percentage limitations on franchise fees, if the percentage limitation is revised by the FCC, or any other event occurs to permit negotiation or renegotiation. Notwithstanding any other provision in this Subtitle or a franchise agreement, nothing in this Subtitle or a franchise agreement shall preclude the County from exercising its police powers to enact, amend, or supplement any law or regulation governing cable communications within the County. In the event of a major public emergency or disaster as determined by the County Executive, a franchisee shall immediately make the entire cable system, employees, and property, as may be necessary, available for use by the County or other civil defense or governmental agency designated by the County to operate the system for the term of such emergency or disaster for the emergency purposes. In the event of such use, a franchisee shall waive any claim that such use by the County constitutes a use of eminent domain, provided that the County shall return use of the entire system, employees, and property to the franchisee after the emergency or disaster has ended or has been dealt with. Subscribers shall have the right to attach devices to a franchisee's system and the right to use their own remote control devices and converters and other similar equipment, consistent with FCC equipment compatibility rules and other applicable law, and a franchisee shall provide information to consumers which will allow them to adjust such devices so that they may be used with the franchisee's system. A franchisee shall not, as a condition of providing service, require a subscriber or potential subscriber to remove any existing antenna or disconnect an antenna, or prohibit or discourage a subscriber from installing an antenna switch, provided that such equipment and installations are consistent with applicable codes and technically able to shield the cable system from any interference. Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this Subtitle or any franchise agreement, and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of duration time. If any term, condition, or provision of this Subtitle shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the County and shall thereafter be binding on the franchisee and the County.

This Division shall be known and may be cited as the Telecommunications Regulatory Code. It is the intent of the County to preserve its rights in and control over public property and public rights-of-way by prescribing the manner in which access to public property and/or public rights-of-way shall be granted for the purpose of providing telecommunications service. Accordingly, the purposes of this Division are as follows: To promote the public health, safety, and general welfare by providing for the construction, replacement, reconstruction, operation, and maintenance of telecommunications systems; To manage the limited resources of the public rights-of-way and/or public property to the long-term benefit of the public; To recover the costs of maintaining the public rights-of-way and/or public property; compensate for the burden imposed on taxpayers by occupation of the public rights-of-way and/or public property by nongovernmental business; recover the fixed and variable costs of occupation of the public rights-of-way and/or public property by nongovernmental business; and recover fair compensation for the occupation of the public rights-of-way and/or public property by nongovernmental entities in their respective businesses; and To establish the position of Telecommunications Transmission Facility Coordinator and provide for the administration and coordination of telecommunications facility planning and construction; To recognize the public interest in continued provision of universal service on regulated prices and terms as provided for in 47 U.S.C. Section 214(e). To recognize the public interest in facilitating the deployment of telecommunications technologies in a manner that is consistent with all applicable laws.

In this Division, the following words and phrases have the meanings indicated: Administrative Recommendation means a Telecommunications Transmission Facility Coordinating Committee (TTFCC) recommendation that the TTFCC Chair or designee is authorized to grant after administrative review of an application for a Micro-wireless Facility, Minor Modification or Cell on Wheels. Administrative Review means the examination of a TTFCC application for a Micro-wireless Facility, Minor Modification or Cell on Wheels by the TTFCC Chair or designee to assure that the application is complete and accurate. Antenna means an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization for the provision of wireless service and any commingled information services. Such apparatus include, but are not limited to, directional antennas, such as panels, microwave dishes, satellite dishes, and omnidirectional antennas, such as whips. Antenna equipment means equipment, switches, wiring, cabling, power sources, shelters, shrouds, enclosures, or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when co-located, is mounted or installed at the same time as such antenna. Antenna facility means an antenna and associated antenna equipment. Applicant means a person who submits an Application. The term includes the persons who will be the owners of the Facility or on whose behalf the work will be performed, as well as the person who may submit an application, which shall in any case be signed by the entity which will own the Facility or on whose behalf the work is performed. Application means a request submitted electronically by an applicant for the TTFCC to review and evaluate a proposed new or modified Telecommunications Transmission Facility within Prince George's County, Maryland. A TTFCC Application includes all the requirements for submission of a TTFCC Application and any subsequent information to amend the application or in reply to requests for additional information. Base Station means a structure or equipment at a fixed location used for the provision of personal wireless services and that enables Federal Communications Commission-licensed or authorized wireless communications between user equipment and a communications network. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable at the site, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term does not include a Tower or other support structure, as defined herein, and it does not include Facilities (other than wireless devices at the Base Station) that connect a base station at a fixed location to other elements of a communications network at other locations. The term does not include metering equipment or disconnects required to provide power to the Base Station. Cell on Wheels (COW) means a portable self-contained cell site that can be moved to a location and set up to provide wireless telecommunications services on a temporary or emergency basis, for a period up to one hundred twenty (120) days but not more than the period permitted by the Building Code Official. A COW is normally vehicle mounted and contains a telescoping boom as the antenna support structure. Co-location means: the mounting or installation of an antenna facility on a preexisting structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes, whether or not there is an existing facility on the tower, building, or structure, or the modification of a preexisting structure for the purpose of mounting or installing an antenna on that structure, Construct means to construct, install, erect, build, affix or otherwise place any fixed structure or object. Design Manual means the Design Manual for Small Wireless Facilities promulgated by the County. The Design Manual includes design standards including, but not limited to, the appearance, height, and size of small wireless facilities. Director means the Director of the Department of Permitting, Inspections and Enforcement. Emergency means a condition that poses a clear and immediate danger to life or health, or of a significant loss of property; or requires immediate repair or replacement in order to restore service to a user. Facility or Facilities means facilities, equipment and installations of any kind, including but not limited to any lines, pipes, irrigation systems, wires, cables, conduit facilities, ducts, poles, towers, vaults, pedestals, boxes, appliances, antennas, transmitters, gates, meters, appurtenances, or other equipment. A reference to a Facility refers both to the Facility considered as a whole and the individual elements of a Facility. FCC means the Federal Communications Commission, its designee, or any successor governmental entity thereto. Install means the placing of a Facility, whether initially or as part of the repair, modification, replacement, removal or expansion of an existing Facility, and includes any process by which a Facility is placed, including but not limited to attachment, construction, digging, excavation, placement, pulling and the like. License shall mean a nonexclusive specific authorization granted pursuant to this Subtitle to construct, operate, and maintain a small wireless facility in the public right-of-way to provide wireless communication services within all, or a specified area of, Prince George's County, Maryland. Any such authorization, in whatever form granted, shall not mean or include any general license or permit required for the privilege of transacting and carrying on a business within the County as required by the ordinances and laws of the County, or for attaching devices to poles or other structures, whether owned by the County or a private entity, or for excavating or performing other work in public right-of-way. Licensee shall mean a natural person, partnership, domestic or foreign corporation, association, joint venture, or organization of any kind that has been granted a license by the County, subject to this Subtitle. Material Change shall mean a change that does not qualify as an Eligible Facilities Request as defined by the FCC. Master License Agreement means a written agreement entered into pursuant to this Subtitle between the County and a licensee that sets forth, subject to this Subtitle, the terms and conditions under which a license will be granted and exercised. Micro-wireless facility means a facility that: is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, including all mounting brackets, fasteners, cabling and antennas, and has an exterior antenna, if any, not longer than 11 inches, and is mounted on a preexisting support structure, cable, or wire. Minor Antenna means a radio/antenna device no more than twenty (20) inches in length, ten (10) inches in width, and ten (10) inches in height (excluding mounting brackets, fasteners, cabling, and antenna), with two watts or less of transmitter output power, which is mounted on a strand, cable, or wire attached to preexisting poles, so long as: the device is installed in a manner that does not result in line sag, and the device is located on a strand, cable, or wire owned or controlled by the owner of the minor radio/antenna device, and there are no more than two (2) said devices at any location or mid strand between two poles, and the device is installed in parallel with the adjacent roadway and is not installed over the roadway, and the device complies with all applicable Federal, State and local and regulations, including this Code. Minor Modification means changes to an existing Telecommunications Transmission Facility that does not result in a Material Change to the existing facility or support structure. Monopole means a Tower that is a single, self-supporting pole-type structure, tapering from base to top and supporting a fixture designed to support Telecommunications Transmission Facilities. Permit means an official document or certificate issued by the Director or his duly authorized agent, authorizing performance of specified construction at a specified location and within a specified time, together with all supporting documents, agreements, conditions, plans, and specifications. Permit Application means a request submitted electronically by an applicant that requests a permit. A permit application includes all the requirements for submission of a permit application and any subsequent information to amend the permit application or in reply for requests for additional information. Person means any natural or corporate person, business association or business entity including, but not limited to, an individual, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity. Pole means a type of structure in the public right-of-way that is used in whole or in part for wireline communications, electric distribution, lighting, traffic control, signage, or similar function, or for co-location. Private Property means any real property owned or controlled by a single individual or by a group of individuals collectively. Private property is any property that is not public property. Protected Area means a site that: has undergrounded utilities, or is proximate to a roadway in a residential zone, or as of the date of an Application, is located in a Historic District as that term is defined in Sec. 29-102(a)(7) of this Code, or as of the date of an Application, is located within a group of buildings properties, or on a site, that is listed in the Prince George's County Inventory of Historic Resources, or as of the date of an Application, is located within a group of buildings properties, or on a site, that is listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register, or as of the date of an Application, is located within a group of buildings properties, or on a site, that is listed in the Maryland Inventory of Historic Properties. Proximate to roadway means the area located adjacent to or part of the public right-of- way that includes: any public utility easement, or privately owned and maintained road on which an easement for public access exists. Public Property means any real property owned or controlled by the County or another public entity including buildings, and may include surplus property as defined in Section 2-111.01 of this Code. To the extent of any conflict with Section 2-111.01, this Division prevails. Public Right-of-Way means the surface and space above, on, beside and below any public highway, avenue, street, lane, alley, boulevard, concourse, driveway, bridge, tunnel, park, parkway, waterway, dock, bulkhead, wharf, pier, building, public easement, right-of-way, or any other public ground or water within the unincorporated area of the County or belonging to the County Small Wireless Facility means a facility that meets each of the following conditions: the facility: is mounted on a structure 50 feet or less in height, including the antenna, or is mounted on a structure no more than 10 percent taller than other adjacent structures, or does not extend the existing structure on which it is located to a height of more than 50 feet or by more than 10 percent, whichever is greater; each antenna associated with the facility, excluding associated equipment, is no more than three cubic feet in volume; all other wireless equipment associated with the structure, including the equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; and the facility does not result in human exposure to radio frequency (RF) radiation in excess of all applicable FCC safety standards. Support Structure means a structure, including, but not limited to, buildings, monopoles, towers, poles, base stations, and other free-standing self-supporting or guyed structures that may support telecommunications facilities, whether or not the structure has an existing telecommunication facility. Telecommunications means the transmission, between or among points specified by the user, of information of the user's choosing without change in the form or content of the information as sent and received. Telecommunications Services means the offering of telecommunications for a fee, by a person, which the person is authorized to provide under applicable Federal, State, and local law, regardless of the facilities used. It includes, without limitation, transmission by optical fiber, coaxial cable, wireless methods, or any other means, and includes, without limitation, voice, video, data, telephone service, cellular service, and personal communications services. Telecommunications System means all or any part of a facility that occupies County property and/or public rights-of-way owned or controlled by the County and is used to provide one or more telecommunications services. Telecommunications Transmission Facility means any antenna and/or support structure which is used to transmit or retransmit wireless voice, data, or image information, but shall not mean or include a Minor Antenna. A Small Wireless Facility is a Telecommunications Transmission Facility. Telecommunications Transmission Facility Coordinating Committee (TTFCC) means the committee established in accordance with Section 5A-153 of this Division. Telecommunications Transmission Facility Coordinator or Coordinator means the person designated by the County Executive for providing support services to the TTFCC. Telecommunications Transmission Facility Location Plan or Plan means a plan that identifies the location of each existing telecommunication transmission facility and the proposed location of each facility to be constructed by or for a person in the succeeding two years. Tower means any supporting structure built for the sole or primary purpose of supporting any FCC-licensed or authorized Antennas (and related Facilities), including supporting structures that are constructed for FCC-licensed or authorized wireless communications including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include a Pole. s. Wireless Communication System means all or any part of a facility that is licensed by the Federal Communications Commission under Title 47, Code of Federal Regulations, Parts 20, 22, 24, 90, or 101, and is located in whole or in part on public property and/or public rights-of-way and is used to provide one or more telecommunications services.

The provisions of this Division shall apply to any Telecommunications Transmission Facility either installed or under construction within the County as of the effective date of this Division or thereafter installed or constructed. Failure of a Person to undertake any requirements of this Division within the time specified herein shall be a violation of this Division and may result in the immediate revocation of any existing permits or licenses issued by the County allowing such person to occupy any public property and/or right-of-way in relation to the use, operation, or maintenance of a Telecommunication Transmission Facility. Upon revocation of such permits or licenses for failure to undertake any requirements of this Division within the time specified, the County, to the extent permitted by law, may order prompt removal of such facilities at the Person's expense and seek other redress, both legal and equitable.

The County may enter into leases for appropriate sites, antenna space on towers and other supporting structures, and buildings on County property with telecommunications providers and radio users. Such leases shall contain reasonable provisions protecting the interests of the County. Such leases for Telecommunication Transmission Facilities shall comply with the provisions of Section 5A-165. To the extent that this Division conflicts with Section 2-111.01, this Division prevails. A lessee pursuant to the provisions of this Division shall be responsible for obtaining, in a timely manner at its own expense, any required approvals for any Telecommunications Transmission Facility from the Federal Aviation Administration or the Federal Communications Commission, or the successors of either; any required zoning from the County; and any required permits and inspection from the County. On any antenna structure which is not occupied by a County-owned antenna already subject to the tower registration, lighting, and aeronautical painting requirements of the FAA or FCC, or the successors of either, the lessee shall be financially responsible for the tower registration, lighting, and aeronautical painting requirements applicable to its antenna and/or supporting structure. Any lessee under a lease from the County for an antenna site that is in force on the effective date of this ordinance may continue to occupy such antenna site to the conclusion of the initial term of the lease but not any renewal or extension thereof, in accordance with the terms of such lease, provided, however, that such lessee may elect at any time to apply for a superseding lease under this ordinance. A lessee pursuant to this Division may enter into sublease agreements with other telecommunications providers to co-locate telecommunications facilities on the lessee's site, provided that each sublease includes provisions, in a form acceptable to the County regarding liability and the payment of compensation, determined in accordance with Section 5A-165, from such sublessees. Any sublease granted by the lessee shall be subject to the express written consent of the County and shall be expressly conditioned upon the continued existence of such a separate agreement with the County.

The Telecommunications Transmission Facility Coordinating Committee shall consist of: Two staff members from the Department of Permitting, Inspections, and Enforcement, to be designated by the Director, one of whom is employed within the agency's permitting function and one of whom is employed within the agency's site/road plan review function. The Director of the Department of Public Works and Transportation or the Director's designee; The Planning Director or the Director's designee; The Superintendent of Schools or the Superintendent's designee; The Director of the Office of Information Technology or the Director's designee; The County Council Administrator or the Administrator's designee; and The General Manager of the Washington Suburban Sanitary Commission or the General Manager's designee. The County Executive and County Council shall designate a Telecommunications Transmission Facility Coordinator as an ex-officio, non voting member of the TTFCC. The TTFCC Chair and Vice-Chair shall be elected from among and by the TTFCC membership. The Director and the Director of the Office of Information Technology shall make available to the Telecommunications Transmission Facility Coordinating Committee such services and facilities as are necessary for the proper performance of its duties. The Telecommunications Transmission Facility Coordinating Committee shall: Serve as a central source of information and provide technical advice on the siting of telecommunications transmission facilities for the County, the Maryland National Capital Park and Planning Commission, the Board of Education and other public landowners, private landowners, licensed telecommunication carriers, and the general public; Promote the appropriate and efficient location and co-location of telecommunications transmission facilities to minimize adverse impacts on other land uses in the County; Evaluate the esthetic effects of locating multiple telecommunications transmission facilities in a single location or on a single structure; Recommend alternative sites and techniques where appropriate to mitigate the visual impact of the proposed and alternative site and provide a copy of the recommendation to the Council member in whose district the telecommunications transmission facility is to be located and any at-large Council members; Recommend provisions governing removal of the proposed telecommunications transmission facility at the end of its useful life, including the posting of a bond or other financial guarantee; Facilitate public participation in the telecommunications transmission facility siting process; and Report annually to the County Executive as requested on siting policy issues. The Telecommunications Transmission Facility Coordinator shall: Prepare a master plan of existing and planned Telecommunications Transmission Facilities in the County; Maintain a database of all applications reviewed by the TTFCC and those facilities proposed to be located in the County; Advise the County on telecommunications matters as requested; Review the siting of each proposed Telecommunications Transmission Facility; Evaluate the technical rationale of the proposed locations; and Evaluate alternative sites and techniques where appropriate to mitigate the visual impact of the proposed and alternative sites and report the findings to the TTFCC.

The applicant shall submit the following filing fees with the submission of each application: Applications for Telecommunication Transmission Facilities, excluding Small Wireless Facilities, which are located outside the public right of way; Two Thousand Five Hundred Dollars ($2,500.00) for an application to construct a new tower, monopole or support structure. One Thousand Five Hundred Dollars ($1,500.00) for an application to co-locate one Telecommunications Transmission Facility on an existing structure. Five Hundred Dollars ($500.00) for a Minor Modification. Applications for Small Wireless Facilities Three Thousand Dollars ($3,000.00) for an application to install or mount one Small Wireless Facility on a new pole. One Thousand Eight Hundred Dollars ($1,800.00) for an application to install or mount one Small Wireless Facility on a replacement pole. One Thousand Five Hundred Dollars ($1,500.00) for an application to co-locate one Small Wireless Facility on an existing structure. Eight Hundred Dollars ($800.00) for an application for a Minor Modification to one Small Wireless Facility. An applicant may batch Applications in accordance with the provisions of the regulations adopted in accordance with this Section. In the event of a batch Application, each proposed Small Wireless Facility will be subject to the appropriate fee as listed in subparagraphs (A) through (D). The total due for TTFCC review will be the sum of the fees that are assessed for each application. Additional Fees Five Hundred Dollars ($500.00) at the time of filing an update to the Telecommunications Transmission Facility Location Plan required by this Division. Two Hundred Fifty Dollars ($250.00) for modification or revision of the application and/or plans. The fee shall be a minimum of Two Hundred Fifty Dollars ($250.00) unless an extensive application and plan review is required, then the fee shall be determined by the TTFCC Chair and sufficient to offset the cost of the additional plan review and services. The application fee is in addition to any permit, attachment, occupancy or inspection fee or other right-of-way charges. Within one (1) year of the enactment of this Section, the Director shall submit a recommendation to the Council regarding any need to adjust the fees listed in Section (a)(2) to ensure that they are appropriately cost-based in light of all applicable laws. The recommendation shall include an analysis prepared by an outside expert to be retained by the Director.

Prior to August 1 of each year, each agency of the County and each agency which receives County funding shall submit to the Telecommunications Transmission Facility Coordinator its telecommunication transmission facility location plan. The plan shall be updated whenever the actual or proposed location of a facility changes. Prior to August 1 of each year, each owner of a telecommunications transmission facility in the County shall submit to the Telecommunications Transmission Facility Coordinator its telecommunication transmission facility location plan. The Plan shall be updated whenever the actual or proposed location of a facility changes. Before a recommendation may be granted to site a telecommunications transmission facility in the County, the Telecommunications Transmission Facility Coordinator shall draft a master plan of actual and proposed telecommunications transmission facilities in the County. The TTFCC Chair shall submit the master plan to the County Executive for advisory approval. The County Executive will transmit the master plan to the County Council for advisory approval only no later than October 1 of each year. The County Council shall have sixty (60) calendar days to review and comment. The months of August and December shall not be considered when calculating the sixty (60) day period. The County Council may provide any recommendation(s) to the proposed plan within the sixty (60) day period by submitting a letter to the TTFCC Chair. The master plan shall identify areas of the County where additional sites for telecommunications transmission facilities are anticipated to be needed to provide service for public and private uses. Notice of all changes to the plan shall be made as provided in this Subsection. The TTFCC Chair shall submit the TTFCC Annual Report to the County Executive for approval. The County Executive will transmit the Annual Report to the County Council no later than May 1 of each year. The report shall inform the County Executive and the County Council of the activities of the TTFCC and recommend strategies for further improving the deployment of wireless services to the citizens.

Every applicant for a permit for the erection of a telecommunications transmission facility shall ensure that the proposed telecommunications transmission facility is reflected on the applicant's existing telecommunications transmission facility location plan. The plan shall clearly identify the location of every existing telecommunications transmission facility and the proposed location of each facility to be constructed or located in accordance with the permit application. In the event the proposed telecommunications transmission facility is not reflected on the applicant's existing plan, the applicant shall amend its existing plan to reflect the proposed telecommunications transmission facility. The TTFCC shall not accept a TTFCC application that includes any telecommunications transmission facility that: is not reflected on an applicant's existing plan, or has been submitted by an applicant who does not have an existing and current plan on record with the Coordinator. Every Application shall include a statement regarding whether the telecommunications transmission facility is proposed for location on an existing structure. If the Application proposes the construction or erection of a new support structure for the facility, as opposed to co-location, the applicant shall provide a detailed statement describing the applicant's efforts to locate the proposed telecommunications transmission facility on an existing structure; a description of any potential alternate locations for the telecommunications transmission facility not requiring such construction or erection; and a brief explanation of the reasons why such sites were not selected. The Telecommunications Transmission Facility Coordinator shall not disclose to any person any information that is exempt from disclosure under the Maryland Public Information Act. Nothing in this provision shall exempt an applicant from any applicable zoning requirements or other requirements of law. Notice Requirement At least thirty (30) calendar days prior to the acceptance of an Application for a Telecommunications Transmission Facility, every applicant shall send an informational mailing to all adjoining property owners, including owners whose property lies directly and diagonally across a street, alley, or stream and to every municipality located within one mile of the new facility, to the County Council member of the District where the new facility is proposed and all at-large Council members and to all civic associations registered with the Maryland-National Capital Park and Planning Commission located within one mile of the new proposed Telecommunications Transmission Facility. If an Application proposes the siting of a Telecommunications Transmission Facility in the Public Right-Of-Way, an informational mailing shall also be sent to the owner of the property underlying the portion of the right-of-way on which the proposed facility would be located. The parties will be notified by the informational mailing that they may request a briefing. An Application that proposes to increase the height of an existing tower, monopole or pole is included as one that requires notification required in this Section. The form and content of the notices prescribed above in subsection (1) shall be made available by the TTFCC and shall be set forth in regulations adopted in accordance with Sec. 5A-158 of this Division. All proposed facilities that are batched in the same application shall be included on a single notice and, in the event a briefing is requested, shall be included within a single briefing. Every applicant and the TTFCC Chair or Chair's designee shall meet and brief the above mentioned parties if requested by these parties within 30 days of the date of sending the informational mailing. The requested meeting and briefing must occur prior to the recommendation of the new facility by the Telecommunications Transmission Facility Coordinating Committee. Review of Applications The TTFCC Coordinator shall promptly review all Applications for completeness. In the event an Application is deemed to be materially incomplete, the TTFCC Coordinator shall notify the applicant of any deficiencies in accordance with the procedures set forth in regulations adopted in accordance with Sec 5A-158 of this Division. Upon acceptance of a complete Application, the TTFCC will review the Application at a public TTFCC meeting. In reviewing an Application, and issuing a recommendation, the TTFCC shall consider factors including, but not limited to: applicable health, safety, and welfare sections of this Code, federal or state regulations and laws, for proposed Small Wireless Facilities, all of the provisions of Sec. 5A-159 of this Code. The TTFCC shall issue a written recommendation within the time required by all applicable laws and regulations adopted in accordance with Sec. 5A-158 of this Division. If a waiver request pursuant to Sec. 5A-159(f) was included with the Application at the time of acceptance by the TTFCC, the written recommendation shall include the TTFCC's recommendation on the request. Applications for Minor Modifications, COWs, and micro-wireless facilities may be administratively reviewed and recommended by the TTFCC Chair or designee on behalf of the TTFCC without prior review by the TTFCC members. The recommendation for an application by the TTFCC or TTFCC Chair will remain valid for one year from the date of the TTFCC's disposition. If a required permit application has not been made within that time the TTFCC's recommendation is no longer valid and a new application must be submitted for review by the TTFCC. All previous applications for which a TTFCC recommendation has been issued which have not been permitted within one year of the effective date of enactment of this bill will no longer be valid.

The Telecommunications Transmission Facility Coordinator, with the approval of the County Executive, shall develop and make available to persons desiring to erect a telecommunications transmission facility in the County a uniform contract for the location of telecommunications transmission facilities on land and structure owned and leased by the County. The Telecommunications Transmission Facility Coordinator, with the approval of the County Executive, shall develop and make available to persons desiring to erect a telecommunications transmission facility in the County a uniform rent and fee schedule designed to minimize differential treatment of telecommunications transmission facility owners.

The County Executive shall administer and enforce this Division. The County Executive may adopt regulations that are consistent with this Division to administer and implement this Division.

Generally: No person shall install, construct or operate a small wireless facility within the County without: Obtaining all permits required by this Code; Obtaining a recommendation by the TTFCC; Complying with all applicable Federal, State, and local laws, including, but not limited to, Subtitles 4, 5A, 9, 23 and 27 of this Code; Paying all required fees; Complying with all FCC safety rules, regulations, and standards for exposure to radio frequency (RF) radiation. Small Wireless Facilities installed, mounted or operated within the County shall adhere to the following requirements. Location. A small wireless facility shall not be located within 150 feet of the nearest small wireless facility occupied or controlled by the same Person. A new or replacement support structure shall not be located within 15 feet of an existing tree. Additionally, installation or mounting of a small wireless facility must be performed in a manner that attempts to preserve the existing tree canopy. A small wireless facility shall not be attached to an existing decorative pole, which is defined as a structure that is specially designed and placed for aesthetic purposes and which no appurtenances or attachments, other than lighting, specially designed informational or directional signage, or temporary holiday or special events attachments, have been placed. Any small wireless facility shall be installed or mounted a minimum of 30 feet from any residential dwelling unless a RF study requires more distance to comply with FCC safety rules, regulations, and standards related to radio frequency (RF) radiation. Any small wireless facility installed in the public right-of-way or in an easement shall be in alignment with the existing vertical infrastructure, streetlights, utility poles, trees and shall not be closer than 3 feet, 6 inches from the curb or 6 feet from the end of the paved section of the roadway if no curb exists. No small wireless facility shall be installed within 250 feet of an elementary or secondary educational institution. No small wireless facility shall be installed on any County owned or operated traffic signal. Co-location. A small wireless facility shall be collocated on an existing pole other than a traffic signal in the public right-of-way. Upon a showing that the requirements of paragraph (A) would prohibit or have the effect of prohibiting the provision of service, as evidenced by the written assessment of a third-party licensed professional engineer, a small wireless facility shall be installed on a replacement pole with a streetlight within 10 feet of an existing pole. Upon a showing that the requirements of paragraphs (A) and (B) would prohibit or have the effect of prohibiting the provision of service, as evidenced by the written assessment of a third-party licensed professional engineer, a small wireless facility shall be installed on a new pole within 75 feet of an existing pole. Height. The height of a small wireless facility shall be measured from the lowest point of the natural grade of the ground at the base of the pole to the highest point on the pole, to include any attached equipment and antennas. A collocated small wireless facility on an existing pole shall not exceed the height of the existing poll by more than 10 feet. Poles installed in the public right-of-way in a protected area and proximate to a roadway in protected area shall not exceed 30 feet. Poles installed in the public right-of-way shall not exceed the greater of 50 feet or 10 feet greater than the tallest existing pole in the public right-of-way. Protected Areas. Any small wireless facility installed or mounted in a protected area shall be a stealth design, which means that the design elements of the facility camouflage its presence by blending in and mimicking its surroundings, as is further described in the Design Manual. Noise. All small wireless facilities shall comply with the provisions contained in Subtitle 19 — Pollution, Division 2 — Noise Control of this Code. Radio Frequency (RF) Emissions. All small wireless facilities shall comply with FCC rules and regulations for general public limits for human exposure to the radio frequency electromagnetic fields, All small wireless facilities shall include signage at the location of a small wireless facility that lists the owner and operator of the facility and provide RF warnings. Signage shall comply with the Design Manual. All small wireless facilities must have a feature allowing the immediate cessation of radio frequency (RF) emissions, and the Director or his designee shall be provided access to such feature. Certifications and Inspections The owner of a small wireless facility shall provide a certification after installation that only equipment identified in the application was installed and all compliance measures as to RF emissions have been implemented. All Small Wireless Facilities may be subject to a post-installation inspection by the County for the purposes of verifying that only permitted equipment was installed, that equipment was installed in compliance with all applicable permits, and that the facility is in compliance with FCC safety rules, regulations, and standards related to radio frequency (RF) radiation, All Small Wireless Facilities may be subject to an annual inspection by the County to verify that the facility is in working order, operational and is in compliance with FCC safety rules, regulations, and standards related to radio frequency (RF) radiation. Inspections shall be subject inspection fee in accordance with a fee schedule published by the Director.; The County may conduct periodic inspections at any time to determine whether a Small Wireless Facility is installed and operated in compliance with all applicable laws, licenses, permits and certifications. This may include field testing for radio frequency (RF) emissions when deemed necessary by the County to ensure the public safety, health and welfare. Each small wireless facility owner is responsible for the cost of testing and any required mitigation to be compliant with FCC rules and regulations. Upon reasonable notice, the County may order that a Small Wireless Facility be disabled if it determines that the Facility is non-compliant with any applicable laws or regulations. Upon reasonable notice, the County may order that a Small Wireless Facility be disabled if it determines that the Facility is non-compliant with FCC rules and regulations related to radio frequency (RF) emissions or a danger to public safety. In the event of an emergency, the County may immediately disable the facility. Public Right-of-Way. No person may construct or operate a small wireless facility within the public right-of-way, or on any structure or support structure in the public right-of-way, without first entering into a fully executed Master License Agreement with the County as required by this Division and complying with all requirements listed in this Code. Any small wireless facilities placed in the public right-of-way must comply with the Design Manual in all respects, unless a waiver has been granted in accordance with the provisions of this Code. All privileges granted by the issuance of relevant permits or the execution of a Master License Agreement shall be subordinate to the County's use and any prior lawful occupancy of the public-right of way, All small wireless facilities shall at all times be operated in compliance with all applicable Federal, State, and local laws. Master License Agreement The Director shall develop and make available a uniform Master License Agreement to be executed by each person applying to install a small wireless facility in the public right-of-way. The uniform Master License Agreement shall include all provisions necessary to ensure the overall interests of public health, safety, and welfare, including, but not limited to, the following provisions: an acknowledgement that the licensee may not place a small wireless facility in the public right-of-way without first obtaining any necessary permits; a requirement that all small wireless facilities and related equipment must comply with FCC safety rules, regulations, and standards for exposure to radio frequency (RF) radiation; a requirement that the installation, operation, and maintenance of the small wireless facility shall adhere to all provisions of this Code, the Design Manual, and any applicable County regulations, a requirement that each small wireless facility must have a feature allowing the immediate cessation of radio frequency (RF) emissions, and that the owner shall provide the County with access to the feature to permit County employees, agents, or contractors to perform any required work in proximity to the small wireless facility, a requirement that, at any time during the agreement, upon demand by the County, the licensee must submit a report, obtained at the licensee's own expense and signed by a third-party licensed professional engineer, that demonstrates that: the facility is in working order, the facility is in operation, the facility is compliant with FCC safety rules, regulations, and standards related to radio frequency (RF) radiation; a requirement that small wireless facility may not obstruct, impede or hinder the usual travel or public safety of pedestrians or vehicles on or in the public right-of-way, or may not obstruct the legal use of the public right-of-way by lawfully present utility providers, a requirement that small wireless facilities may not be installed or operated in a manner that violates the American with Disabilities Act, a requirement that the licensee shall notify the County, in writing, upon terminating operation of the facility, or of the facility becoming otherwise inactive, and that the licensee shall promptly remove the facility, and any structure that was newly constructed to support the small wireless facility, a requirement that any small wireless facility that the County determines has been inoperative for 12 consecutive months shall be deemed abandoned, and shall be removed by the County at the licensee's sole expense, a requirement that the licensee must remove or relocate the facility, at the licensee's sole expense, to accommodate any Federal, State, or County public work or improvement project, a requirement that any licensee whose actions cause damage to the public right-of-way, any objects located within the public right-of-way, and/or the property of any third party located within the Public Right-of-Way, shall be responsible for any necessary repairs at the licensee's sole expense, a requirement that the licensee must replace or modify any such facility in the event the County determines that replacement or modification is necessary for compliance with building and safety codes, a requirement that the licensee shall, at its sole expense, remove or relocate a small wireless facility and/or associated support if the County determines that the removal or relocation is necessary to protect the public health, safety and welfare of County residents or property, and that County may initiate such removal or relocation in the event of an emergency or imminent danger to health, safety, or property, authority for the County to seek any redress, both legal and equitable, necessary in the event the licensee fails to comply with any directive issued pursuant to this Code, any regulations, or the Master License Agreement, or fails to remit any expense attributable to such acts or omissions, a requirement that the licensee shall be responsible for the payment of an annual fee for access to the public right-of-Way and/or attachment to County-owned structures in the public right-of-way, a requirement that the licensee shall be responsible for the completion of any make-ready work required for the installation or mounting of a small wireless facility. a provision concerning the participation of County-based small-, minority- and disadvantaged-owned businesses, and a requirement that licensees shall comply with the terms of the Master License Agreement in all respects, and that any violations of the Master License Agreement shall be subject to fines, penalties and forfeiture of the Master License Agreement as outlined in the Master License Agreement. Private Property No person may install, construct or operate a small wireless facility on private property without first having: obtained the written consent of the property owner and, if applicable, easement holder, obtained required approval from any applicable regulatory agency or utility, and obtained any permits required by this Code, after obtaining a recommendation by the TTFCC. Any small wireless facility placed on private property must comply with all applicable laws and regulations, including the zoning requirements of Subtitle 27 of this Code, and the Design Manual. For the purposes of this Subtitle, any public utility easement is considered private property. Waiver Upon a showing that the operation of any provision in Section 5A-159 or in the Design Manual for Small Wireless Facilities would prohibit or have the effect of prohibiting the provision of service, the Director is authorized to waive any such requirement but only to the minimum extent required for compliance. A request to waive any provision of Section 5A-159 should be included in an Application at the time of submission to the TTFCC. A waiver request submitted at any point after the TTFCC's acceptance of a complete Application shall be treated as a modification of an Application within the meaning of Sec. 5A-154(a)(5) and shall be subject to the provisions of that Section. In the event the Director denies a request to waive a requirement of Section 5A-159, the denial shall be set forth in a written decision that shall provide the basis and reasoning for the denial. The written decision shall be the final decision of the County for the purposes of the waiver request. Municipal Ordinances. The provisions of Section 5A-159 do not alter the authority of any municipality to regulate small wireless facilities in its right-of-way or preempt the adoption or operation of any ordinance enacted by a municipality to regulate small wireless facilities within its municipal right of way. A municipality that enacts an ordinance to regulate small wireless facilities within in its municipal right-of-way, or amends an existing ordinance to regulate small wireless facilities within its municipal right-of-way, shall file a copy of the ordinance with the TTFCC Coordinator.

The provisions of this Division shall constitute and be known as the "Agricultural Ordinance of Prince George's County, Maryland." The purpose of this Division is to provide for the management of agricultural land so that nonpoint source pollution resulting from agricultural activities is minimized and natural habitats are conserved. All development and utilization of property located in a Chesapeake Bay Critical Area Overlay Zone shall be in accordance with this Division with regard to agricultural practices and Division 2; and, where appropriate, in accordance with an approved Conservation Plan and Conservation Agreement.

General Policies. This section provides for the management of agricultural land so that non-point source pollution resulting from agricultural activities is minimized and natural habitats are conserved. All of the following policies shall be followed with regard to agriculture in the Critical Area: Assure that agricultural lands are identified and that programs are established for the Critical Area to maintain, where appropriate, agricultural lands in agricultural use, to the greatest extent possible. Recognize that agriculture is a protective land use that should be properly managed so that it minimizes its contribution to pollutant loadings to the Bay and its tributaries. In a Chesapeake Bay Critical Area Overlay Zone, new farmland may not be created: By diking, draining or filling of any class or subclass of wetlands, as described in the COMAR 27.01.09.02 and in this Subtitle, which have seasonally flooded or wetter than seasonably flooded water regime, unless mitigation is accomplished as provided by COMAR 27.01.09.02; By clearing of forests and woodland or soils with a slope of greater than fifteen percent (15%); or on soils with "K value" greater than thirty-five percent (35%) and a slope greater than five percent (5%); By clearing existing vegetation in a Buffer established landward from the Mean High Tide Line of tidal waters, tributary streams and tidal wetlands; or If the clearing adversely affects water quality or will destroy plant or wildlife habitat. Drainage of non-tidal wetlands for the purpose of agriculture shall be done in accordance with a Soil Conservation and Water Quality Plan, approved by the County Soil Conservation District. Best Management Practices (BMPs) for the control of nutrients, animal wastes, pesticides and sediment runoff shall be used to protect the productivity of the land base and enhance water quality. These practices shall minimize contamination of surface and groundwater and further, shall minimize adverse effects on plants, fish and wildlife resources. Animal feeding operations, including retention and storage ponds, feed lot waste storage and manure storage shall minimize the contamination of water bodies. Agricultural activity permitted within the Critical Area shall use (BMPs) in accordance with a Soil Conservation and Water Quality Plan approved by the County Soil Conservation District. The definitions contained in Section 5B-106, Definitions, shall also apply to this Division. The enforcement and penalties in Section 5B-109, Enforcement, shall also apply to this Division.

Effective May 13, 1991, each owner of agricultural land in a Chesapeake Bay Critical Area Overlay Zone is required to have in place and be implementing a Soil Conservation and Water Quality Plan approved by the Prince George's Soil Conservation District. The Prince George's Soil Conservation District shall review and renew Plans at a maximum of five (5) year intervals. The Soil Conservation and Water Quality Plans shall: Require the implementation of a grassland and manure management program, where appropriate; Require that farming activities, including the grazing of livestock, do not disturb stream banks, tidal shorelines, or other Habitat Protection Areas, as described in the Conservation Manual; Prohibit the feeding or watering of livestock within fifty (50) feet of the Mean High Water Line of tidal water and tributary streams, or from the edge of tidal wetlands, whichever is further inland; and Prohibit the clearing of existing natural vegetation in the Buffer; and Prohibit the use, storage, or disposal of sludge within the Buffer. Until such time as a Soil Conservation and Water Quality Plan is implemented to the satisfaction of the Department of Public Works and Transportation and the Soil Conservation District, existing farms in the Chesapeake Bay Critical Area Overlay Zones are required to: Maintain a minimum twenty-five (25) foot vegetated filter strip landward from tidal waters, tidal wetlands and streams (excluding drainage ditches), or from the edge of tidal wetlands, whichever is further inland, and further provided that: The filter strip shall be composed of either trees with a dense ground cover, or other appropriate vegetation, and shall be so managed as to provide water quality benefits and habitat protection. Noxious weeds, including Johnson grass, Canada thistle, and Multiflora rose, which occur in the filter strip, may be controlled by authorized means; and The filter strip shall be expanded by a distance of four (4) feet for every one percent (1%) of slope, for slopes greater than six percent (6%). Further, farmers shall use the following practices: Cover crops shall be planted to reduce erosion. Nutrients shall be applied at the appropriate time and appropriate methods shall be used. Reduced tillage (e.g. Ano-till) practices shall be utilized where practical. Crop rotations shall be implemented. The Prince George's Soil Conservation District shall provide documentation and periodic updates of approved Soil Conservation and Water Quality Plans in the Chesapeake Bay Critical Area Overlay Zones to the Director of the Department of Public Works and Transportation. Agricultural activities in the Buffer. Agricultural activities are permitted in the Buffer, if, as a minimum best management practice, a twenty-five (25) foot vegetated filter strip measured landward from the Mean High Tide Line of tidal waters or tributary streams, or from the edge of tidal wetlands, whichever is further inland, is established and further provided that: The filter strip shall be composed of either trees with a dense ground cover or a thick sod of grass and shall be so managed as to provide water quality benefits and habitat protection consistent with the policies stated above. Noxious weeds, including Johnson grass, Canada thistle, and Multiflora rose, which occur in the filter strip, may be controlled by authorized means; The filter strip shall be expanded by a distance of four (4) feet for every one percent (1%) of slope, for slopes greater than six percent (6%); The twenty-five (25) foot vegetated filter shall be maintained until such time as the landowner is implementing, under an approved Soil Conservation and Water Quality Plan, a program of (BMPs) for the specific purposes of improving water quality and protecting plant and wildlife habitat; and provided that the portion of the Soil Conservation and Water Quality Plan implemented achieves the water quality and habitat protection objectives of the twenty-five (25) foot vegetated filter strip; Clearing of existing vegetation in the Buffer is not allowed; and Farming activities, including the grazing of livestock, shall not disturb stream banks, tidal shorelines or other Habitat Protection Areas as described in Subtitle 5B. When agricultural uses in the Buffer area cease and a new use is proposed, the Buffer shall be established in forest vegetation. The Buffer shall be established landward from the mean high water line of tidal waters, the edge of tributary streams, and the edge of wetlands. In establishing the Buffer, management measures shall be undertaken to provide forest vegetation that assures the Buffer functions set forth in that section of the Subtitle.

Until such time as a Soil Conservation and Water Quality Plan is implemented to the satisfaction of the Department of Permitting, Inspections, and Enforcement, existing farms in the Chesapeake Bay Critical Area Overlay Zones are required to maintain a minimum twenty-five (25) foot vegetated filter strip landward from tidal waters, tidal wetlands, and streams (excluding drainage ditches), or from the edge of tidal wetlands, whichever is further inland, and further provided that: The filter strip shall be composed of either trees with a dense ground cover, or other appropriate vegetation, and shall be so managed as to provide water quality benefits and habitat protection. Noxious weeds, including Johnson grass, Canada thistle, and multiflora rose, which occur in the filter strip, may be controlled by authorized means; and The filter strip shall be expanded by a distance of four (4) feet for every one percent (1%) of slope, for slopes greater than six percent (6%).

In a Chesapeake Bay Critical Area Overlay Zone, new farmland may not be created: By diking, draining, or filling of any class or subclass of wetlands, as described in the Code of Maryland Regulations ("COMAR") 14.15.09.02 and in Subtitle 5B, which have a seasonally flooded or wetter than seasonably flooded water regime, unless mitigation is accomplished as provided by COMAR 14.15.09.02; or By clearing of forests and woodland or soils with a slope of greater than fifteen percent (15%); or on soils with "K value" greater than thirty-five percent (35%) and a slope greater than five percent (5%); or In the vegetated Buffer as defined in Section 5B-102(a)(4) existing (as of May 13, 1986) landward from the Mean High Water Line of tidal waters, tributary streams, and tidal wetlands; or If the clearing adversely affects water quality or will destroy wildlife habitat, as defined in COMAR 14.15.09 and in the Environmental Technical Manual. The prohibitions contained in this Subdivision shall be included on every Soil Conservation and Water Quality Plan filed.

Applicability. For the purpose of this Subtitle, the following terms, phrases, and words and their derivations shall have the meaning given herein: Abatement. The act of putting an end to a land alteration, development activity, or other action cited as a violation under this Subdivision. Abatement includes the act of reducing the degree or intensity of the alteration, activity, or action. Afforestation. The establishment of a biological community of perpetual woodlands either through the planting of trees on an area from which trees have always or very long been absent, or the planting of open areas which are not presently in forest cover. Agricultural easement. A non-possessory interest in land that restricts the conversion of use of the land, preventing non-agricultural uses. Agricultural Land. Those lands which are assessed agricultural for tax purposes. Agriculture. All methods of production and management of livestock, crops, vegetation, and soil. This includes, but is not limited to, the related activities of tillage, fertilization, pest control, harvesting, and marketing. It also includes, but is not limited to, the activities of feeding, housing, and maintaining of animals such as cattle, dairy cows, sheep, goats, hogs, horses, and poultry, and handling their by-products. Andromous fish. Fish that travel upstream from their primary habitat in the ocean to freshwater in order to spawn. Andromous fish propagation waters. Those streams that are tributaries to the Chesapeake Bay where spawning of andromous species of fish (e.g., rockfish, yellow perch, white perch, shad, and river herring) occurs or has occurred. Aquaculture. Farming or culturing of finfish, shellfish, other aquatic plants or animals or both, in lakes, streams, inlets, estuaries, and other natural or artificial water bodies or impoundments. Activities include hatching, cultivating, planting, feeding, raising, and harvesting of aquatic plants and animals and the maintenance and construction of necessary equipment, buildings, and growing areas. Cultivation methods include, but are not limited to, seed or larvae development and grow-out facilities, fish pens, shellfish rafts, racks and loglines, seaweed floats and the culture of clams and oysters on tidelands and sub tidal areas. For the purpose of this definition, related activities such as wholesale and retail sales, processing and product storage facilities are not considered aqua cultural practices. Best Management Practices (BMPs). Those conservation practices or systems of practices and management measures that control soil and nutrient loss and reduce water quality degradation caused by nutrients, animal waste, toxics, and sediment, including, but not limited to, strip cropping, terracing, contour stripping, grass waterways, animal waste structures, ponds, minimal tillage, grass and naturally vegetated filter strips, and proper nutrient application measures. Bona fide Intra-family Transfer. A transfer to a member of the owner's immediate family of a portion of the owner's property for the purpose of establishing a residence for that family member. See "immediate family." Breeding bird areas. Wooded areas where the occurrence of interior dwelling birds, during the breeding season, has been demonstrated as a result of on-site surveys using standard biological survey techniques. Chesapeake Bay Critical Area or Critical Area (CBCA). All lands and waters defined in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland. This includes: (a) all waters of and lands under the Chesapeake Bay and its tributaries to the head of tide, and State and private wetlands designated under Title 16 of the Environment Article; (b) all land and water within one thousand (1,000) feet beyond the resources identified in (a); and (c) Modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Commission as specified in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland. Clear cutting. Removal of the entire stand of trees in one cutting with tree reproduction obtained by natural seeding from adjacent stands or from trees that were cut from advanced regeneration or stump sprouts or from planting of seeds or seedlings by man. Clearing. The removal of trees, understory trees, saplings, shrubs or herbaceous plants even if the stumps or root systems remain intact. Clearing includes using a mechanical device to remove vegetation (e.g. bush hogging). Horticultural practices necessary to maintain the health of individual trees are not restricted, but must be approved if associated with any disturbance in the buffer. Colonial nesting water birds. Herons, egrets, terns, and glossy ibis. For the purposes of nesting, these birds congregate (that is "colonize") in relatively few areas, at which time, the regional populations of these species are highly susceptible to local disturbances. Commercial logging. See "timber harvesting." Commission. Critical Area Commission for the Chesapeake and Atlantic Coastal Bays. Community piers. Boat docking facilities associated with subdivisions or similar residential areas, and with condominium, apartment and other multiple family dwelling units. Private piers are excluded from this definition. Conservation Agreement. A formal agreement which commits a grading or building permit applicant to the execution of various approved elements of an approved conservation plan, planting plan or buffer management plan, including a stormwater management concept plan, an erosion and sedimentation concept plan, a vegetation management plan, and other plans which may be required by the Department of Permitting, Inspections, and Enforcement or the Prince George's County Planning Board. Conservation Agreements shall be recorded in the land records prior to permit issuance. Conservation Easement. A recorded easement established for the protection of sensitive resources within the Critical Area. Conservation Plan. A plan developed in accordance with this Subtitle and the applicable provisions of Subtitles 24 and 27 which demonstrates how a project has been designed to meet the specific Chesapeake Bay Critical Area criteria. The Conservation Plan consists of a stormwater management concept plan, an erosion and sedimentation concept plan, a vegetation management plan, and such other plans relating to environmental systems as may be required by the Washington Suburban Sanitary Commission, the Maryland-National Capital Park and Planning Commission, the Prince George's County Health Department, the Prince George's County Department of Public Works and Transportation, the Prince George's County Department of Permitting, Inspections, and Enforcement, or the Prince George's Soil Conservation District. Contiguous. Touching and sharing a common point or line. Corrective Order. A notice to the owner and/or person responsible for corrective actions to a violation to this subtitle which shall be completed within the specified time as indicated in the order. County. Prince George's County, Maryland. Cover crop. Establishment of a vegetative cover to protect soils from erosion and to restrict pollutants from entering the waterways. Cover crops can be dense, planted crops of grasses or legumes, or crop residues such as corn, wheat or soybean stubble which maximize infiltration and prevent runoff from reaching erosive velocities. Critical Area Buffer ("the Buffer"). An area that is immediately landward from mean high water of tidal waters, the edge of bank of a tributary stream, or the edge of a tidal wetland; and exists or may be established in, natural vegetation to protect a stream, tidal wetland, tidal water, or terrestrial environments from human disturbance. Delineation of the Buffer is described in Section 5B-121(a). Critical Area Commission for the Chesapeake and Atlantic Coastal Bays. Previously referred to as the Chesapeake Bay Critical Area Commission and the entity charged with state oversight for compliance and/or enforcement of the Annotated Code of Maryland, Natural Resources Article, Title 9. Density. The number of dwelling units per acre of net lot area. In the R-C-O Zone, the gross tract acreage is used to calculate density except as noted in Section 5B-115(f). Developed woodlands. Those areas of vegetation that do not meet the definition of woodlands, but which contain trees and other natural vegetation and which also include residential, commercial, or industrial structures and uses. Developer. A person who undertakes development activity as defined in this Ordinance; or a person who undertakes development activity as defined in this Subtitle. Development. Any activity that materially affects the condition or use of dry land, land under water, or any structure. Development activities. Human activity that results in disturbance to land, natural vegetation, or a structure. Director. Director of the Prince George's County, Maryland, Department of Permitting, Inspections, and Enforcement. Disturbance. The alteration or change in land surfaces and any amount of clearing, grading or construction activity. Ecosystem. A self-contained biological community together with the physical environment in which the community's organisms occur. Endangered species. Any species of fish wildlife, or plants that have been designated as "endangered" or "endangered extirpated" by regulation of the Secretary of the Department of Natural Resources in Code of Maryland Regulations COMAR 08.03.08. This includes any species determined to be an "endangered" species pursuant to the Federal Endangered Species Act. Environmental Technical Manual. A technical manual, as approved and amended by the Planning Board from time to time, that contains the technical requirements for conformance to the Critical Area regulations. Erosion and sediment control plan. An erosion and sediment control strategy or plan, to minimize erosion and prevent off-site sedimentation by containing sediment on-site or by passing sediment laden runoff through a sediment control measure, prepared and approved in accordance with the specific requirements of the Prince George's Soil Conservation District and Subtitle 4 of the Prince George's County Code, and designed in accordance with the Standards and Specifications. Establishment of a buffer. The creation of a vegetated area or planted area that provides vegetative cover throughout the Buffer. Fisheries activities. Commercial water dependent fisheries facilities including structures for the parking, processing, canning, or freezing of finfish, crustaceans, mollusks, amphibians and reptiles and also including related activities such as wholesale and retail sales product storage facilities, crab shedding, off-loading docks, shellfish culture operations, and shore-based facilities necessary for aquacultural operations. Forest. See "woodlands." Forest Management Plan. A plan prepared in conformance with Subtitle 25. Forest interior dwelling birds. Species of birds that require relatively large forested tracts in order to breed successfully (e.g., various species of flycatchers, warblers, vireos, and woodpeckers). Forest interior dwelling bird habitat. Woodland areas of sufficient size as to be favorable to the breeding of forest interior dwelling bird species which are assumed to be present if the majority of the forest is dominated by pole-sized or larger trees (five inches or greater diameter at breast height), or has a closed canopy; and meets one the following conditions: The woodlands are a minimum of 50 acres in size and contain at least 10 acres of "forest interior" habitat which is located more than 300 feet from the nearest forest edge; or Riparian forests at least 50 acres in size with a minimum average width of 300 feet within the watershed of a regulated stream. Forest management activity. Activities such as the harvesting of forest products, thinning, wildlife habitat protection, and watershed protection as identified on an approved Forest Management Plan. Highly erodible soils. Those soils with a slope greater than 15 percent or those soils with a K value greater than 0.35 and with slopes greater than 5 percent. Historic waterfowl staging and concentration area. An area of open water and adjacent marshes where waterfowl gather during migration and throughout the winter season. These areas are historic in the sense that their location is common knowledge and because these areas have been used regularly during recent times. Hydric soils. Soils that are wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition of growth, or both, of plants on those soils. Hydrophytic vegetation. Those plants cited in "Vascular Plant Species Occurring in Maryland Wetlands" (Dawson, F. et al., 1985), which are described as growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content (plants typically found in water habitats). In-kind replacement. The replacement of a structure with another structure that is identical to the original structure in all dimensions including footprint area, width, and length, and is also identical in use. Intensely Developed Overlay (I-D-O) Zone. As specified in Subtitle 27, an overlay zone that includes: An area with a housing density of at least four dwelling units per acre; or An area with public water and sewer systems with a housing density of more than three dwelling units per acre. K-value. The soil erodibility factor in the Universal Soil Loss Equation. Limited Development Overlay (L-D-O) zone. An area that includes: an area with a housing density ranging from one dwelling unit per five acres up to four dwelling units per acre; an area with a public water or sewer system; an area that is not dominated by agricultural land, wetland, forests, surface water, or open space; Lot area, gross. The total area of a tract of land, including all land area which is to be conveyed for "public facilities" exclusive of the area that lies within state wetlands. Lot area, net. The gross lot area minus the 100-year floodplain. Lot consolidation. A combination or adjustment of any legal parcels of land or record lots in accordance with Subtitle 24, in the Chesapeake Bay Critical Area. Lot coverage in the Critical Area. The percentage of a gross area of a lot or parcel that is existing or proposed to be (1) occupied by a structure, accessory structure, parking area, driveway, walkway, impermeable deck or stairway, or roadway; or (2) covered with, gravel, stone, shell, impermeable decking, pavers, permeable pavement, or any manmade material. Lot coverage in the Critical Area does not include (1) a fence or wall that is less than one-foot in width that has not been constructed with a footer; (2) a walkway in the Primary or Secondary Buffer, including a stairway that provides direct access to a community or private pier; (3) a wood mulch pathway, or (4) a deck with gaps to allow water to pass freely. Marina. Any facility for the mooring, berthing, storing, or securing of watercraft, but not including community piers and other non-commercial boat docking and storage facilities. Mean high water line. The average level of high tides at a given location. Mitigation. An action taken to compensate for adverse impacts to the environment resulting from development, a development activity, or a change in land use or intensity. Natural Heritage Area. Any communities of plants or animals that are considered to be among the best statewide examples of their kind, and are designated by regulation by the Secretary of the Department of Natural Resources. Natural regeneration. The establishment or re-establishment of a biological community of woodlands from nearby seed sources without afforestation. Natural vegetation. Those plant communities that develop in the absence of human activities. New development. For purposes of implementing specific provisions of this Subtitle, new development (as opposed to redevelopment) means a development activity that takes place on a property with pre-development CBCA lot coverage of less than 15 percent as of December 1, 1985. Non-point source pollution. Pollution generated by diffuse land use activities rather than from an identifiable or discrete facility, and which is conveyed to waterways through natural processes, such as rainfall, stormwater runoff, or groundwater seepage rather than by deliberate discharge. Non-point source pollution is not generally corrected by "end-of-pipe" treatment, but rather by changes in land management practices. Nontidal wetland. An area which: Is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances supports a prevalence of vegetation typically adapted for life in saturated soil conditions; or Is identified as a "wetland" in accordance with the Federal Manual. Palustrine. All non-tidal wetlands dominated by trees, shrubs, persistent emergent plants, or emergent mosses or lichens and all such wetlands that occur in tidal areas where the salinity due to ocean-derived salts is below one-half part per one thousand (1,000) parts of water. Person. Includes an individual, partnership, corporation, contractor, property owner, or any other person or entity. Physiographic features. The soils, topography, land slope and aspect, and local climate that influence the form and species composition of plant communities. Planning Board. The Prince George's County Planning Board of the Maryland-National Capital Park and Planning Commission Planning Director. That person responsible for the functions of the Prince George's County Planning Department of the Maryland-National Capital Park and Planning Commission. Plant habitat. A community of plants commonly identifiable by the composition of its vegetation and its physiographic characteristics. Port. A facility or area established or designated by the state or Prince George's County for purposes of waterborne commerce. Primary Buffer. The area one hundred (100) feet from the mean high water line of tidal waters, the edge of the bank of tributary streams, and the landward extent of tidal wetlands. Prince George's Soil Conservation District. One of twenty-four (24) soil conservation districts created pursuant to the Annotated Code of Maryland, Agricultural Article, Subtitle 3. Private wetlands. Any area of a lot or parcel not considered a "state wetland" bordering on or lying beneath tidal waters, which is subject to regular or periodic tidal action and supports aquatic growth. Private wetlands include wetlands transferred by the state by a valid grant, lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of Rights, to the extent of the interest transferred. Program. The Chesapeake Bay Critical Area Protection Program of Prince George's County. Project approvals. The approval of development, other than development by the state or local government in the Critical Area by the appropriate local approval authority. This term includes approval of subdivision plans and site plans; inclusion of areas within floating zones; issuance of variances, special exceptions, and conditional use permits; and issuance of zoning permits, but does not include building permits. Public water-oriented recreation. Shore-dependent recreation facilities or activities provided by public agencies which are available to the general public. Redevelopment. The process of developing land which is or has been developed. Reforestation. The establishment of a biological community of perpetual woodlands through the planting of trees on an area from which trees were recently removed. Regulated stream. Streams that have water flowing year-round during a typical year and streams that have water flowing during certain times of the year when groundwater provides for stream flow. Water flow can be identified by a defined channel and movement of leaf litter and debris by the movement of water. During dry periods some regulated streams may not have flowing water. Streams that only have water flowing during, or for a short duration after, precipitation events in a typical year are not regulated streams. This definition includes "perennial", "intermittent" and "tributary" streams and does not include "ephemeral" streams. Restoration. The act of returning a site or area to an original state or any action that reestablishes all or a portion of the ecological structure and functions of a site or area. Riparian habitat. A habitat that is strongly influenced by water and which occurs adjacent to streams, shorelines, and wetlands. Secondary Buffer. Areas contiguous to the primary buffer which are essential for the buffer to perform all of its integral functions, including but not limited to, palustrine non-tidal wetlands, steep and severe slopes in excess of fifteen percent (15%), highly erodible soils, hydrologic soil (Group D), and the one hundred (100) year floodplain. The primary and secondary buffers, combined, constitute the "Buffer" in a Critical Area Overlay Zone. Severe slopes. Slopes of 25 percent or greater incline. Soil Conservation and Water Quality Plan. Land use plans for farms that assist farmers in making the best possible use of their soil and water resources, while protecting and conserving those resources for the future. Species in need of conservation. Those fish and wildlife whose continued existence as part of the state's resources are in question and which may be designated by regulation by the Secretary of Natural Resources as in need of conservation pursuant to the requirements of Natural Resources Articles 10-2A-06 and 4-2A-03, Annotated Code of Maryland. State wetlands. Any land under the navigable waters of the state below the mean high tide, affected by the regular rise and fall of the tide. Wetlands of this category which have been transferred by the state by valid grant, lease, patent or grant confirmed by Article 5 of the Maryland Declaration of Rights shall be considered "private wetlands" to the extent of the interest transferred. Steep Slopes. Slopes of 15 percent or greater incline. Streams. See "Regulated Streams." Structure. Anything constructed or erected on or over land that may or may not result in lot coverage. Substantial alteration. Any repair, reconstruction, or improvement of a principal structure, where the proposed footprint equals or exceeds 50 percent of the existing principal structure. Surface mining. Breaking of the surface soil in order to extract or remove minerals. Any activity or process constituting all or part of a process for the extraction or removal of minerals from their original location. Extraction of sand, gravel, rock, stone, earth, or fill from borrow pits for highway. Construction purposes or other public facilities. Operations engaged in processing minerals at the site of extraction. Removal of overburden and mining of limited amount of any mineral when done for the purpose of prospecting and to the extent necessary to determine the location, quantity, or quality of any natural deposit. Mining operations, if the affected land exceeds one (1) acre or more in area. Threatened species. Any species of fish, wildlife, or plants designated as such by regulation by the Secretary of the Department of Natural Resources in COMAR 08.03.08 that appears likely, within the foreseeable future, to become endangered, including any species of wildlife or plant determined to be a "threatened" species pursuant to the Federal Endangered Species Act, 16 U.S.C. 1531 et seq., as amended. Timber harvesting or logging. The severing of any size tree above ground level leaving the root system and all stumps intact, except for the purpose of providing a temporary access for some other use. Tidal wetlands. All state and private tidal wetlands, marshes, submerged aquatic vegetation, lands and open water affected by the daily and periodic rise and fall of the tide within the Chesapeake Bay and its tributaries. Topography. The existing configuration of the earth's surface including the relative relief, elevation, and position of land features. Transportation facilities. Anything that is built, installed, or established to provide a means of transport from one place to another. Tributary streams. See "Regulated Streams." Unwarranted hardship means that without a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested. Utility transmission facilities. Fixed structures that convey or distribute resources, wastes, or both, including but not limited to electrical lines, water conduits and sewer lines. Wash plant. A facility where sand and gravel is washed during processing. Water-based aquaculture. The raising of fish and shellfish in any natural, open, free-flowing water body. Water-dependent facilities. Those structures or works associated with industrial, maritime recreational, educational, or fisheries activities that require location at or near the shoreline within the Buffer specified within the 100-foot Buffer section of this Ordinance. An activity is water-dependent if it cannot exist outside the Buffer and is dependent on the water by reason of the intrinsic nature of its operation. These activities include, but are not limited to, ports, the intake and outfall structures of power plants, water-use industries, marinas and other boat docking structures, public beaches and other public water-oriented recreation areas, and fisheries activities. Excluded from this regulation are individual private piers installed or maintained by riparian landowners, and which are not part of a subdivision which provides community piers. Water-use industry. An industry that requires location near the shoreline because it utilizes surface waters for cooling or other internal purposes. Waterfowl. Birds that frequent and often swim in water, nest and raise their young near water, and derive at least part of their food from aquatic plants and animals. Wildlife corridor. A strip of land having vegetation that provides habitat and safe passage for wildlife. Wildlife habitat. Those plant communities and natural features that provide food, water and cover, nesting, and foraging or feeding conditions necessary to maintain populations of animals in the Critical Area. Woodlands. A perpetual biological community dominated by trees and other woody or herbaceous plants covering a land area of 10,000 square feet or greater. This includes areas that have at least 100 trees per acre with at least 50 trees that are 2 inches or greater in diameter at breast height. This also includes areas that have been timber harvested where the stumps remain in place for future regeneration. The terms "woodland," "forest," and "forest cover" are synonymous and do not include orchards or other areas without multiple layers of woody and herbaceous vegetation.

Intent. To implement a Prince George's County Critical Area Program countywide in response to and compliance with legislation passed by the Maryland General Assembly in 1984 to address the decline of the quality and productivity of the waters of the Chesapeake Bay and its tributaries. The decline was found to have resulted, in part, from cumulative effects of human activity that caused increased levels of pollutants, nutrients and toxins, as well as a decline in protective land uses such as forest and agricultural lands in the Bay region. In 2002, the Atlantic Coastal Bays were added by the Maryland General Assembly to the Critical Area Program because these waterways also had begun to experience similar declines. Purpose. In accordance with the Annotated Code of Maryland, Natural Resources Article, Section 8-1801, et. seq., Prince George's County adopted it's Critical Area Program on May 30, 1990 and as amended from time to time for the following purposes: To establish a resource protection program for the Chesapeake Bay and Atlantic Coastal Bays and their tributaries by fostering more sensitive development activity for identified shoreline areas so as to minimize impacts to water quality and natural habitants; To implement a resource protection program on a cooperative basis between Prince George's County and the State in order to implement a comprehensive, uniform and consistent Program that is subject to State Criteria and oversight; and To administer an effective Program that will positively affect the quality of life, health, safety and welfare of the citizens of Prince George's County by enhancing and/or restoring the quality and productivity of the waters of the county associated with the Chesapeake Bay, Atlantic Coastal Bay, and their tributaries. Goals. The goals of Prince George's County's Critical Area Program are: To minimize adverse impacts on water quality resulting from pollutants that are discharged from structures or run off from surrounding lands; To conserve fish, wildlife, and plant habitat; and To establish land use policies for development in the Critical Area that accommodate growth, as well as address the environmental impacts that the number, movement, and activities of people may have on said area. Policies. The policies of the Prince George's County Critical Area Program are generally intended to accommodate already existing land uses and growth within the Critical Area, while providing for the conservation of habitat and protection of water quality and include the following: Protection of threatened and endangered species, those species in need of conservation and their habitats, which occur in the Critical Area; Conservation of wildlife habitat in the Critical Area; Protection of those wildlife habitats that tend to be least abundant or which may become so in the future if current land-use trends continue; Protection of those wildlife habitat types which are required to support the continued present of various species; Protection of those wildlife habitat types and plant communities which are of local significance; and Protection of Natural Heritage Areas.

Implementation. The Critical Area Program regulates vegetation removal, development activities and resource utilization activities, e.g., agriculture and forestry, within the Critical Area. The Critical Area provisions as set forth herein and in all other applicable regulations, supersede any inconsistent law, section or plan of the county. In the case of conflicting provisions, the stricter provisions shall apply. The Department of Parks and Recreation is considered a state agency for review of projects in the Critical Area per COMAR 27.02.05. Critical Area Program. The Critical Area Program became effective on November 17, 1989. The Program consists of this subtitle and related subtitles of the County Code passed by the County Council and Critical Area maps approved as part of the initial Program approval by the State of Maryland. Regulated Activities and Applicability. An applicant applying for a permit to pursue activities within the Critical Area, including, but not limited to, vegetation removal, development or redevelopment, grading, sediment and erosion control, timber harvesting, shoreline erosion control, installation of a septic system and/or drainage filed, operation of a commercial or private marina or other water-related commercial or industrial operation (public or private), mining (surface or sub-surface) or quarrying, farming or other agricultural related activities shall have obtained all required permits prior to initiation of the requested activity. Responsible Agencies. Review of applications for Staff Level Review are the responsibility of Department of Permitting, Inspections, and Enforcement. Review of applications for the review of Conservation Plans are the responsibility of The Maryland-National Capital Park and Planning Commission. Review of permits and enforcement of this Subtitle are the responsibility of the Department of Permitting, Inspections, and Enforcement. Should an infraction of the provisions contained in any law, regulation, or plan related to the Critical Area Program be brought to the attention of any county or state official, said official shall contact the Director of Permitting, Inspections, and Enforcement to consult with, and when appropriate, the County Attorney, to determine the proper remedial course of action if required. The Director of Permitting, Inspections, and Enforcement or the Director's designee shall inform the Critical Area Commission (CAC) about the infraction and any decision made regarding remedial action. The CAC, at its discretion, may also take remedial action under the authority given it by state law. State and Local Government Projects. Applicability. For all development in the Critical Area conducted by County agencies, the projects shall adhere to COMAR 27.02.02, COMAR 27.02.04, COMAR 27.02.05 and COMAR 27.02.06. If applicable, consistency reports shall be submitted to the Chesapeake Bay Critical Area Commission. Procedures. The government agency proposing a development project within the Critical Area shall work with the Planning Department to identify the appropriate procedures for determining compliance with the Critical Area requirements. Standards for projects of local significance. For any government development activity within the Critical Area, the agency proposing the project shall work with the Planning Department to ensure that the project is consistent with all of the provisions and requirements of the Critical Area Program. The Planning Department shall prepare a consistency report and submit a copy of the report with relevant plans and information about the project to the Critical Area Commission. If the Commission determines that the proposed project requires Commission review, then the Commission shall notify the local jurisdiction within 15 days of receipt of the report, and the project shall be reviewed in accordance with the provisions in paragraph (4) below. If the project does not require Commission review, as determined by the Commission, then it may be reviewed by the Planning Department and approved as appropriate by the Planning Director or the Director's designee. Standards for Commission review. New major development by the State or a County agency shall, to the extent practical be located outside the Critical Area. If the siting of the development in the Critical Area is unavoidable because of water dependency or other locational requirements that cannot be satisfied outside the Critical Area, the sponsoring agency shall seek approval from the Critical Area Commission and shall provide the following information: Findings and supporting documentation showing the extent to which the project or development is consistent with the provisions and requirements of the Critical Area Program and the provisions of this Subtitle; and An evaluation of the effects of the project on the County's Critical Area Program. Notice requirements for Commission review. Public notice is required for all major development projects unless the development is covered by a general approval from the Commission. Public notice shall follow the Planning Board's administrative procedures and include posting in accordance with Subtitle 27. Public notice shall be the responsibility of the County agency proposing the project and the agency shall, as part of its submittal to the Critical Area Commission, provide evidence that: Public notice was published for one business day in a newspaper of general circulation in the geographic area where the proposed development would occur; The publication included the identity of the sponsoring State agency or local agency; description of the proposed development; the street address of the affected land and a statement that its location is in the Critical Area; and the name and contact information of the person within the sponsoring State agency or local agency designated to receive public comment, including a fax number and email address, and the deadline for receipt of public comment; At least 14 days were provided for public comment; and The property proposed for development was posted in accordance with the provisions noted herein. In addition to the public notice required above, public notice may be provided by electronic posting on a website, on the website of a newspaper of general circulation in the geographic area where the proposed development would occur, or by notification to a neighborhood association or residents of a particular geographic area. Evidence of public notice to be submitted to the Commission shall include the following documentation: The name of the newspaper and the date on which the notice was published; A copy of the public notice as it was published in the newspaper; and A copy of each written comment received in response to the public notice. Posting requirements for major development. The sponsoring agency for any major development project shall ensure that a sign is posted on the property indicating that the site is proposed for major development. Posting shall meet the requirements of Subtitle 27. On a date not later than the date on which the notice is published in the newspaper, the sign shall be posted in a conspicuous location on the development site and remain there until after the Critical Area Commission has voted on the development. Zoning Ordinance. Subtitle 27 of the County Code contains the regulations regarding zoning and uses allowed in the Critical Area. Subdivision Ordinance. Subtitle 24 of the County Code contains the regulations regarding the subdivision of property in the Critical Area. Grading, Stormwater and Building Ordinances are found in Subtitle 32, Water Resources Protection and Grading Code and Subtitle 4, the Building Ordinance, which contain regulations with regard to the Chesapeake Bay Critical Area. Project Notification. Copies of applications for all developments, subdivisions, and site plans wholly or partially within the Critical Area as specified in COMAR 27.03.01 shall be sent to the Critical Area Commission. The application shall be accompanied by a completed "Project Notification Application" form. The Commission shall send written notification of receipt of the application within five business days. An application which has been sent to the Commission for notification cannot be processed until notice of receipt by the Commission has been received. Any action in violation of this procedure shall be void. Growth Allocation. Growth allocation means the number of acres of land in the Chesapeake Bay Critical Area that may be used to create new I-D-O Zones and L-D-O Zones from existing L-D-O and Resource Overlay Zones. The growth allocation shall be calculated based on five percent of the total R-C-O Zone in the County at the time of the original approval of the Program by the Commission, not including tidal wetlands or land owned by the federal government. At the time of adoption, approximately 693.3 acres were placed within the IDO. 1,438.5 acres were in the LDO and 13,596.3 acres were in the RCO. Within the RCO, approximately 1,045.5 acres were in federal ownership and approximately 5,743.1 acres were tidal wetlands. The total allocation available at the time of adoption was 5% of the RCO or approximately 328.4 acres. Subsequent to adoption of the initial overlay zones, amendments were approved that resulted in the use of growth allocation. The provisions for application and approval of growth allocation are provided in Subtitle 27. Program Changes. The County Council may from time to time amend the County Critical Area Program. Critical Area Program changes include, but are not limited to, amendments, revisions, and modifications to zoning regulations, subdivision regulations, Critical Area Maps, implementation procedures, and local policies that affect the County's Program. All such amendments, revisions, and modifications shall also be approved by the Critical Area Commission as established in Section 8-1809 of the Critical Area Law and shall not be officially implemented without approval of the Critical Area Commission. Standards and procedures for Critical Area Commission approval of proposed amendments are as set forth in the Critical Area Law Section 8-1809(i) and Section 8-1809(d), respectively. Comprehensive Reviews. The Critical Area Program shall be reviewed, and any necessary amendments proposed to the entire Program, including Critical Area Maps, at least every six years. The anniversary of the date that the last Program update became effective shall be used to determine when the review shall be completed. Within 60 days after the completion of the review, the following information will be submitted in writing to the Commission: A statement certifying that the required review has been accomplished; All necessary requests for Program amendments, Program refinements, or other matters that the County wishes the Commission to consider; An updated resource inventory; A statement quantifying acreages within each land classification, the growth allocation used, and the growth allocation remaining. When an amendment is requested, the amendment shall be submitted to the County Council. After the County Council approves an amendment, the Director shall forward their decision and applicable ordinances and resolutions along with the amendment request to the Critical Area Commission for final approval. When a request for review and approval of changes to any element of the Critical Area Program is submitted to the Commission, including, but not limited to, the zoning ordinance, subdivision regulations, or Critical Area Maps, the request will include all relevant information necessary for the Chairman of the Commission, and as appropriate, the Commission, to evaluate the changes. The Chairman, and as appropriate, the Commission, shall determine if the requests for Program changes are consistent with the purposes, policies, goals, and provisions of the Critical Area Law and all Criteria of the Commission. Critical Area Commission Decision. In accordance with the determination of consistency outlined above, the Commission chair, or as appropriate, the Commission will: Approve the proposed Program refinement or amendment and notify the local jurisdiction; Deny the proposed Program refinement or amendment; Approve the proposed Program refinement or amendment subject to one or more conditions; or Return the proposed Program refinement or amendment to the County with a list of changes to be made. Zoning Map Amendments. Except for Program amendments or Program refinements developed during a six-year comprehensive review, a zoning map amendment may only be granted by the District Council upon proof of a mistake in the existing zoning. This requirement does not apply to proposed changes to a zoning map that meet the following criteria: Are wholly consistent with the land classifications in the adopted Program; or Propose the use of growth allocation in accordance with the growth allocation provisions of this Subtitle. Special Exceptions and Variances in the Critical Area. The Zoning Ordinance (Subtitle 27) contains provisions regarding the uses allowed by Special Exception and the required findings for the approval of Variances. Approval of Variances. Variances from the requirements of this Division of the County Code shall be approved by the Planning Board as part of its review of an associated Conservation Plan.

Applicability. The purpose of this chapter is to establish enforcement procedures to identify violations, assess civil penalties, and require abatement, restoration, and mitigation for violations to the Critical Area Program. The provisions of this Section are in accordance with the Critical Area Act and Criteria, and as set out in any other applicable ordinances and regulations, apply throughout the Critical Area and supersede any inconsistent law, regulation, ordinance or plan. In the case of conflicting provisions, the stricter provisions shall apply. If a lot or parcel has an approved Conservation Plan prior to the effective date of the 2014 Critical Area Boundary Map, the Conservation Plan, Conservation Agreement and any associated Conservation Easements remain in full force and effect until: the plan, agreement and/or easement are revised, approved and re-recorded or using the Staff Level Review process a determination is made by the Director or the Director's designee that the property is no longer within the Critical Area and the approved plan is abandoned. Implementing Agencies and Compliance Officials. These provisions shall be implemented and enforced by the by the Director of the Department of Permitting, Inspections, and Enforcement and/or the Director's authorized representative. The Director of the Department of Permitting, Inspections, and Enforcement shall enforce, supervise and delegate enforcement of the provisions of this Subtitle through the staff of the Department of Permitting, Inspections, and Enforcement. Should any infraction of provisions contained in this Subtitle, or under any law, Chapter or plan related to the County's Critical Area Program provisions or requirements, be brought to the attention of any official of the County, said official shall immediately contact the Director of the Department of Permitting, Inspections, and Enforcement, or his/her designee, and when appropriate, in consultation with the County Attorney, to determine the proper remedial course of action. The Director or the Director's authorized representative shall enforce, and supervise and delegate enforcement responsibilities of this Subtitle. Staff of M-NCPPC shall provide assistance as requested. The Director or the Director's authorized representative may notify the Critical Area Commission of any violation and inform the Commission of all actions taken to halt the violation, restore the property, and require appropriate mitigation. The Commission, at its discretion, may also pursue its own remedial action or assist the County as provided for in State law. Right to enter property. The Director or the Director's authorized representative, shall have the authority to enter upon, over, and through privately owned lands or waters, or any building, structure or premises during any reasonable work hour, in order to identify or verify a suspected violation, restrain a development activity, or issue a citation if the Director or the Director's designee has probable cause that a violation of this subtitle or the local Program has occurred, is occurring or will occur. A reasonable effort to contact a property owner before entering the property shall be made. If entry is denied, the Director or the Director's designee may seek an injunction to enter the property to pursue an enforcement action. The assistance and cooperation of the police, fire, health department, the Department of Permitting, Inspections, and Enforcement and any other applicable agencies shall be available, as required, to aid the Director in enforcing this Subtitle. Violations. No person shall violate any provision of this Subtitle. Each violation that occurs and each calendar day that a violation continues shall be a separate offense. Each person who violates a provision of this Subtitle shall be subject to separate administrative civil penalties, abatement and restoration orders, and mitigation for each offense. Civil penalties for continuing violations shall accrue without a requirement for an additional assessment, notice, or opportunity for hearing for each separate offense. Required enforcement action. If the Director or the Director's authorized representative identifies a violation of this subtitle or any provision of the County's Critical Area regulations, it shall take enforcement action including: Require the submission of an "as-built" plan that shows all the existing conditions of the site. Assess civil penalties as necessary to cover the costs associated with local authorities performing inspections, supervising or rendering assistance with identifying and citing the violation, issuing abatement and restoration orders, and reviewing mitigation plans and ensuring compliance with these plans; Issue abatement, restoration, and mitigation orders as necessary to: Stop unauthorized activity; Restore and stabilize the site, as appropriate, to its condition prior to the violation or to a condition that provides the same water quality and habitat benefits; and Require the implementation of mitigation measures, in addition to restoration activities, to offset the environmental damage and degradation or loss of environmental benefit resulting from the violation. Responsible persons. The following persons may each be held jointly or severally responsible for a violation: (1) persons who apply for or obtain any permit or approval, (2) contractors, (3) subcontractors, (4) property owners, (5) managing agents, or (6) any person who has committed, assisted, or participated in the violation. Civil penalties. In addition to any other penalty applicable under State or County law, every violation of a provision of Natural Resources Article, Title 8 Subtitle 18, or the County's Critical Area Program, ordinance, or regulations shall be punishable by a civil penalty of at least $500 up to and not more than $10,000 per calendar day according to the fine schedule approved and submitted by the County Executive and adopted by County Council Resolution. Before imposing any civil penalty, the person(s) believed to have violated this Subtitle shall receive: (1) written notice of the alleged violation(s) including which, if any, are continuing violations, and (2) an opportunity to be heard. The amount of the civil penalty for each violation, including each continuing violation, shall be determined separately. For each continuing violation, the amount of the civil penalty shall be determined per day. In determining the amount of the civil penalty, the Director or the Director's authorized representative shall consider: The gravity of the violation; The presence or absence of good faith of the violator; Any willfulness or negligence involved in the violation including a history of prior violations; The environmental impact of the violation; and The cost of restoration of the resource affected by the violation and mitigation for damage to that resource, including the cost to the State or local authorities for performing, supervising, or rendering assistance to the restoration and mitigation. When a Chapter of this Subtitle establishes a different maximum amount for a civil penalty for any violation, the larger amount shall apply. Civil penalties for continuing violations shall accrue for each violation, every calendar day each violation continues, with no requirements for additional assessments, notice, or hearings. The total amount payable for continuing violations shall be the amount assessed per calendar day for each violation multiplied by the number of days that each violation has continued. The person responsible for any continuing violation shall promptly provide the Director or the Director's authorized representative with written notice of the date(s) the violation has been or will be brought into compliance and the date(s) for the County inspection to verify compliance. Civil penalties for continuing violations continue to accrue as set forth herein until the County receives such written notice and verifies compliance by inspection or otherwise. Assessment and payment of civil penalties shall be in addition to and not in substitution for recovery by the County of all damages, costs, and other expenses caused by the violation, including the cost to correct any violation or repair, restore, or replace any County property. Payment of all civil penalties assessed shall be a condition precedent to the issuance of any permit or other approval required by this Subtitle. Notice of violations and assessment of civil penalties. Every notice of violation and assessment of civil penalty shall be in writing and shall include: A description of the facts supporting each alleged violation, including citation to the provisions of the County Code allegedly violated; Classification of each alleged violation as a continuing or non-continuing violation; Separate assessment of a civil penalty for each violation, and a separate daily assessment for each continuing violation; Notice of the right to request administrative review before the Director to evaluate the amount(s) of civil penalties; and Notice of the right to file an appeal to the County Board of Administrative Appeals. Collection of civil penalties. All civil penalties collected in accordance with these provisions shall be deposited in a dedicated "Critical Area Restoration Fund" and used exclusively to conduct or facilitate activities or projects that promote the goals of the Critical Area Program and to ensure its effective implementation within the jurisdiction. These activities may include, but are not limited to the following options: Design, construction, and operation of stormwater treatment practices; Retrofits of stormwater treatment practice to improve performance or increase the area from which runoff is being treated; Removal of structures, roads, paving, etc. that contribute to lot coverage; Planting and maintenance of riparian forests; Implementation of landscaping projects that include native trees, shrubs, and herbaceous plants and can be maintained and protected for water quality and habitat enhancement; Restoration of degraded tidal or non-tidal wetlands that have been disturbed by previous authorized activities and may be accomplished by the removal of fill, restoration or original water circulation patterns, and marsh plantings; Installation of living shorelines in areas that are actively eroding; and Administration and enforcement of this Subtitle. Administrative abatement, restoration, and mitigation orders. The provisions of this Chapter apply to orders issued by the county inspectors to a person conducting or having conducted an unauthorized action. Orders shall be sent to the property owner by certified mail, return receipt requested, and simultaneously by first-class mail, postage prepaid, bearing a return address. Service shall be effective upon mailing. In addition, any other method of service reasonably calculated to provide actual notice, and any method that does provide actual notice, shall be sufficient, including service by personal delivery to a responsible person at any construction site or posting the order in a conspicuous place on any structure, sign, land, or equipment. The Director or the Director's authorized representative may issue an administrative abatement order to any person, compelling the person to perform the following: To correct, discontinue or abate any violation; To cease any activity being performed in violation of this Subtitle; and To apply for any permit, approval, special exception, or variance required by this Subtitle; however, the filing of an application will not negate or stay the requirement for abatement, restoration, or mitigation measures required by the Chief Code Compliance Officer. Director or the Director's authorized representative may issue a restoration order to any person compelling the person to perform the following: To remove any construction materials, equipment, and any structures or other construction work built or erected in violation of this Subtitle; To restore any property to its condition as it existed before any violation of this Subtitle; To perform any condition or obligation required by this Subtitle or by any permit, approval, special exception, variance, license, contract, deed, or other instrument required or executed pursuant to this Subtitle. The Director or the Director's authorized representative shall issue a mitigation order to any person receiving notice of or issued a citation for conducting or having conducted an unauthorized action. Mitigation is required for all violations of the County's Critical Area Program and shall be in addition to any required abatement or restoration activities. In evaluating the type and amount of mitigation, the Director or the Director's authorized representative shall consider the severity of the impact on water resources and habitat and the length of time necessary to restore the resources to their condition prior to the violation, or if that is not possible to recreate or establish and permanently protect similar resources in another location. The mitigation order shall compel the person to perform the following: To implement appropriate water quality improvement or habitat enhancement measures that are sufficient to offset adverse impacts to the Critical Area resulting from the violation as follows: Mitigation is required at a three-to-one ratio for the area disturbed or the area of the development activity outside the 100-foot Buffer and expanded Buffer, and Mitigation is required at a four-to-one ratio for the area disturbed or the area of the development activity within the 100-foot Buffer or expanded Buffer; and To prepare or to have a qualified professional prepare a mitigation plan that includes water quality improvement or habitat enhancement measures to offset adverse impacts to the Critical Area resulting from the violation as specified in Paragraph (a) above; or To pay a fee-in-lieu of mitigation that shall be deposited in the appropriate fee-in-lieu account and used exclusively to conduct or facilitate activities or projects that promote the goals of the Critical Area Program and to ensure its effective implementation within the jurisdiction. Contents of administrative abatement, restoration, and mitigation orders. The provisions of this Chapter apply to orders issued by the county inspectors to a person conducting or having conducted an unauthorized action. All orders shall include: A description of each violation, including citation to the applicable County ordinance, regulation, or other requirement allegedly violated; The time within which any required action is to occur, taking into account the specific action required to comply with the order and any existing or intervening harm or threat to the public health, safety, and welfare. Except for emergencies, which can require compliance as soon as 24 hours or otherwise less than 30 days, there is a rebuttable presumption that compliance with the orders shall take place within 30 days from the date of the order; and Notice of the right to appeal the order to the County Board of Administrative Appeals and the period within which any such appeal must be filed. Bonding for restoration and mitigation orders. For abatement or restoration activities and mitigation activities that exceed 1,000 square feet or involve expenses exceeding $1,000, the Department shall: Collect a bond or other financial security to ensure that the restoration or mitigation is properly completed; Hold the bond for at least two years if the restoration involves planting in order to ensure the survival of the plantings. The two years will run from the date the plantings are installed; and Schedule and perform an inspection of the property as necessary to ensure compliance and promptly release the bond or other financial security when compliance is confirmed. Cumulative remedies. The remedies available under this Subtitle are cumulative and not alternative or exclusive, and the decision to pursue one remedy does not preclude pursuit of others. Injunctive relief. The Director or the Director's authorized representative is authorized to institute injunctive or other appropriate actions or proceedings to bring about the discontinuance of any violation of this Subtitle, an administrative order, a permit, a decision, or other imposed condition. The pendency of an appeal to the Board of Administrative Appeals or subsequent judicial review shall not prevent the County from seeking injunctive relief to enforce an administrative order, permit, decisions, or other imposed condition, or to restrain a violation pending the outcome of the appeal or judicial review. In an action for injunctive relief to enforce an administrative order, the court may also impose a civil fine not less than $500 but not exceeding $10,000 for each day that an administrative order was violated, after considering: The willfulness for the violation; The harm to the environment or the community in which the violation occurred; The proposed fine by the County, and The cost to the County of enforcing the administrative order. Permits pursuant to a violation. The County may not issue a permit, approval, variance, or special exception, unless the person seeking the permit has: Fully paid all administrative, civil, or criminal penalties as set forth in Section E. above; Prepared a restoration or mitigation plan, approved by the s authorized representative, to abate impacts to water quality or natural resources as a result of the violation; Performed the abatement measures in the approved plan in accordance with the local Critical Area regulations; and Unless an extension of time is approved by the Planning Director or Director's designee because of adverse planting conditions, within 90 days of the issuance of a permit, approval, variance, or special exception for the affected property, any additional mitigation required as a condition of approval for the permit, approval, variance, or special exception shall be completed. Variances pursuant to a violation. The Planning Board or the Board of Zoning Appeals, as appropriate, may accept an application for a variance regarding a parcel or lot that is subject to a current violation of this subtitle or any provisions of an order, permit, plan, or regulation in accordance with the variance provisions of this subtitle or Subtitle 27. However, a final decision shall not be made by the Planning Board or the Board of Zoning Appeals, as appropriate, until all abatement, restoration, and mitigation measures have been submitted for review in conformance with all the requirements of this Subtitle and/or as applicable to other subtitles of the County Code; and Mitigation for violations in any Critical Area Buffer shall be shown according to the ratios shown in Section 5B-121, Table (h)(2) of this Subtitle; and Variances may not be granted by the Planning Board or the Board of Zoning Appeals, as appropriate, from the provisions of Subtitles 5B or 27 for property located within the Chesapeake Bay Critical Area Overlay Zones to legalize a violation of this subtitle, including an unpermitted structure or development activity, unless a notice of violation is issued, including assessment of a penalty for the violation. Application for a variance under this paragraph constitutes a waiver of the right to appeal the terms of a notice of violation and its final adjudication, including the payment of any penalties and costs assessed; and If there are provisions of the violation that require stabilization, the installation of erosion and sediment control devices, or the payment of a fine, a final decision shall not be made by the Planning Board or the Board of Zoning Appeals, as appropriate, on the variance request until all such corrective work has been completed and the fine paid. The applicant is responsible for providing information verifying the status of the violation prior to the decision regarding the variance request. The Director, or the Director's authorized representative, and the Planning Director, or the Planning Director's designee, shall inspect the site prior to the decision regarding the variance request. Non-issuance, non-renewal, suspension, or revocation of a permit. The Director or the Director's authorized representative may decline to issue or renew, or may suspend or revoke any permit or license issued under the authority of, or required by this Subtitle. The Director will coordinate with M-NCPPC to revoke conservation plan approvals as necessary. Such action may be taken on the following grounds: False, misleading, inaccurate, incomplete, or incorrect information given on any application; or Serious or repeated violations of this Subtitle, or any terms, conditions, or restrictions in the permit or license itself. The Director or the Director's authorized representative shall give written notice and opportunity to be heard before any non-issuance, non-renewal, suspension, or revocation and shall render a written decision on the matter, which shall be considered an administrative order and may be appealed to the Board of Administrative Appeals. Enforcement costs. In any action or proceeding in which the County substantially prevails, the County may recover all costs incurred to enforce the terms of this Subtitle, including counsel fees and litigation expenses. Appeals. An appeal to the Board of Administrative Appeals may be filed by any person aggrieved by any order, requirement, decision or determination by the Director or the Director's authorized representative in connection with the administration and enforcement of this Subtitle. An appeal is taken by filing a written notice of appeal with the Board of Administrative Appeals in accordance with the provisions in the County Zoning Ordinance and in accordance with the Board of Appeals Rules of Procedure, accompanied by the appropriate filing fee. Appeals shall be made on form obtained from the Board of Appeals Secretary. A notice of appeal shall be considered filed with the Board of Administrative Appeals when delivered to the Board. The date and time of filing shall be entered on the appeal by the Board of Administrative Appeals staff: An appeal must be filed within 30 days after the date of the decision or order being appealed; and An appeal stays all actions by the Director or the Director's authorized representative seeking enforcement or compliance with the order or decisions being appealed, unless the Director or the Director's authorized representative certifies to the Board of Administrative Appeals that (because of facts stated in the certificate) in his/her opinion, such stay will cause imminent peril to life or property. In such a case, action by the Director or the Director's authorized representative shall not be stayed except by order of the Board of Administrative Appeals or a court up on application of the party seeking the stay. Fine Schedule. Fines for violations in the Critical Area shall be assessed as authorized by the fine schedule approved and submitted by the County Executive and adopted by County Council Resolution.

Description. In Prince George's County, the Critical Area extends along the Patuxent, Potomac, and Anacostia rivers encompassing approximately 12,258 acres, of which, approximately 9,637 acres are in uplands. This area includes the tidal waters, tidal wetlands and, in general, all land within one thousand (1,000) feet of the Mean High Tide Line (MHTL). The precise delineation of the Critical Area in the county was established by the creation of the Critical Area Overlay Zones, as initially adopted and approved by the District Council on September 27, 1988, and as amended by the District Council as of December 31, 2014. The official map is referred to as the "2014 Critical Area Overlay Zone." General Policies. In order to accommodate already existing land uses and growth within the county's Critical Area, while providing for the conservation of habitat and the protection of water quality, the county has identified and mapped three overlay zones within the Critical Area based on the following criteria. The three overlay zones and general provisions are as follows: Intensely Developed Overlay (I-D-O) - intense development should be directed outside of the Critical Area. Future intense development activities, when proposed in the Critical Area, shall be directed towards the Intensely Developed Overlay areas. Limited Development Overlay (L-D-O) - low intensity development may be permitted in L-D-O areas, but shall be subject to strict regulation to prevent adverse impacts on habitat and water quality. Resource Conservation Overlay (R-C-O): development in the R-C-O shall be limited and chiefly designated for agriculture, forestry, fisheries and other resource utilization activities, as well as for habitat protection. Complementary State Laws and Regulations. When implementing this Critical Area Program, all of the following complementary existing State laws and regulations also apply: For soil erosion and sediment control (COMAR 26.17.01) In order to prevent soil erosion and sedimentation, a Soil Erosion and Sedimentation Control Plan shall be required whenever a development within the Critical Area will involve any clearing, grading, transporting, or other form of disturbance to land by the movement of earth. This plan shall be consistent with the requirements of the Natural Resources Article and Environment Article of the Annotated Code of Maryland and Subtitle 32. Sediment control practices shall be appropriately designed to reduce adverse water quality impacts. For stormwater runoff (COMAR 26.17.02) The County Code requires limitations on stormwater runoff such that applicants for development must ensure that downstream property, watercourses, channels or conduits do not receive stormwater runoff at a higher volume or rate than would have resulted from a 10-year storm were the land is in its predevelopment state. The County Code requires that applicants for development ensure that all stormwater storage facilities shall be designed with sufficient capacity to achieve water quality goals of this Chapter and to eliminate all runoff caused by the development in excess of that which would have come from the site if it were in its pre-development state. Stormwater management measures shall be consistent with the requirements of Environment Article 4-201 et seq., Annotated Code of Maryland. Development activities on individual lots within subdivisions recorded prior to adoption of the provisions in COMAR 26.17.02 shall provide stormwater quantity and quality management unless: The project is an addition or modification to an existing single family dwelling; The project involves disturbance that does not exceed 5,000 square feet; or The project is otherwise regulated under other State laws that include provisions for managing stormwater runoff. Development Standards Applicable to All Critical Area Overlay Zones. All plans shall be assessed for their impacts on water quality and other biological resources; Alterations in the plans shall be made to mitigate any negative impacts; Development and redevelopment shall be subject to the Habitat Protection Area requirements prescribed in those sections of this Subtitle; All roads, bridges, and utilities that must cross a Habitat Protection Area shall be located, designed, constructed, and maintained so as to provide maximum erosion protection and minimize negative impacts to wildlife, aquatic life and their habitats and maintain hydrologic processes and water quality. Roads, bridges, or utilities may not be located in any Habitat Protection Area unless no feasible alternative exists; All development activities that must cross or affect streams shall be designed to: Reduce increases in flood frequency and severity that are attributable to development; Retain natural woodlands and tree canopy so as to maintain stream water temperature within normal variation; Provide a natural substrate for stream beds; and Minimize adverse water quality and quantity impacts of stormwater. Ports and industries which use water for transportation and derive economic benefits from shore access shall be located near existing port facilities. Other sites for planned future port facility development must provide significant economic benefit to the State or County and be consistent with the provisions of the Water Dependent Facilities Section of this Subtitle and other State and Federal regulations. To the extent practicable, future development in the Critical Area shall use cluster development and mixed-use zoning as a means to reduce impervious areas and to maximize areas of natural vegetation. When the cutting or clearing of trees in natural and developed woodlands is associated with current or planned development activities, the following is required and shall be shown on the proposed Conservation Plan: Replacement of forests and woodland through the establishment of developed woodlands, the use of urban forest programs, or similar practices. The extent of the replacement shall be shown on the Conservation Plan or any other development plan in the Critical Area. Minimization of the destruction of existing forest and woodland vegetation. Protection of existing forests and developed woodlands identified as Habitat Protection Areas by limiting or prohibiting development. In addition, applicants shall adhere to the following criteria for natural and developed woodlands: Grading permits shall be required before natural or developed woodland is cut or cleared; and All woodlands designated on a Conservation Plan shall be maintained, and to the extent practicable protected through conservation easements. To reduce the extent of impervious areas and maximize areas of natural vegetation, the use of the conservation subdivision provisions of Subtitle 24 shall be considered as the first option for development. Development may be allowed on soils having development constraints if the development includes mitigation measures that adequately address the identified constraints and that will not have significant adverse impacts on water quality or plant, fish or wildlife habitat. Development Standards Regarding Lot Consolidation and Reconfiguration Applicability. The provisions of this regulation shall apply to a consolidation or reconfiguration of: Any legal parcel of land, not being part of a recorded or approved subdivision, that was recorded as of December 1, 1985; Land that was subdivided into recorded legally buildable lots, where the subdivision received final approval before June 1, 1984; Land that was subdivided into recorded, legally buildable lots, where the subdivision received final approval after December 1, 1985, and before November 17, 1987. Purpose. Any consolidation or reconfiguration of any legal parcel of land or recorded legally buildable will meet the goals of the Critical Area Program, to the extent possible, and shall not increase or intensify development activities or human activities in the Buffer or any other Habitat Protection Area beyond what would have resulted from the existing lot configuration. Conservation Plan Required. An application for lot consolidation or reconfiguration in the Critical Area shall submit a Conservation Plan and, in addition to the requirements of Section 5B-114, contain the following information: The date of recordation of each legal parcel of land or legally buildable lot to be consolidated or reconfigured; A plan drawn to scale in accordance with this Subtitle; Information sufficient for the local jurisdiction to make the findings set forth in section; A plan that shows all existing and proposed lot or parcel boundaries; and A table that lists the number of all legal parcels of land or recorded legally buildable lot and the number of proposed lots or parcels or dwelling units to be derived. Standards. A lot consolidation or reconfiguration application shall meet the following standards: The lot consolidation or reconfiguration shall not increase or intensify development activities or human activities in the Buffer or any other Habitat Protection Area beyond what would have resulted from the existing lot configuration; The proposed consolidation or reconfiguration shall result in no greater number of lots, parcels, or dwelling units in the Critical Area than the existing configuration would allow; The proposed lot consolidation or reconfiguration shall result in no greater lot coverage than the existing configuration would allow; The proposed consolidation or reconfiguration shall not: Create an additional riparian lot or parcel, waterfront lot, or any other lot or parcel deeded with water access; or Intensify or increase impacts associated with riparian access; In addition to the standards in (4) above, a proposed consolidation or reconfiguration shall not create: A lot or parcel or portion of a lot or parcel that will serve development activities outside the Critical Area; or An R-C-O lot or parcel that serves development activities in the L-D-O Zone; An application for proposed consolidation or reconfiguration shall identify all existing Habitat Protection Areas. If the proposed consolidation or reconfiguration impacts a Habitat Protection Area, then the proposal shall: Include protective measures and restoration measures that provide for the least possible adverse impact; Result in no greater impact to a Habitat Protection Area than the impact that would have resulted from the existing lot configuration; and Minimize adverse impacts to a Habitat Protection Area. The proposed consolidation or reconfiguration shall provide: Stormwater management for all proposed development activities; and Benefits to fish, wildlife, and plant habitat that are clearly identified. When approving a proposed lot consolidation or reconfiguration, the Planning Director or Director's designee as appropriate, shall: Provide in writing a statement that the provisions of (4)-(7) above have been met. Send a copy of the final decision and a copy of the approved plan within 10 business days by U.S. mail to the Commission's business address. The Commission may file an appeal or a petition for judicial review within 30 days of the date of the Commission's receipt of the final decision or order. The time period during which the Commission may file an appeal or a petition for judicial review shall commence on the date of the Commission's receipt of the final decision. A conservation plan that results from the approval of a lot consolidation or reconfiguration cannot be signed as approved until after the expiration of the Commission's 30-day appeal period. Reasonable accommodations for the needs of disabled citizens. The Director, Planning Director, the Director's designee and the Planning Board may make reasonable accommodations to avoid discrimination on the basis of a physical disability. Reasonable accommodations for the needs of disabled citizens may be permitted in accordance with the evidentiary requirements set forth in the following paragraphs. An applicant shall have the burden of demonstrating the following: The existence of a physical disability; Literal enforcement of the provisions of this Subtitle would result in discrimination by virtue of such disability; A reasonable accommodation would reduce or eliminate the discriminatory effect of the provisions of this Subtitle; The accommodation requested will not substantially impair the purpose, intent, or effect, of the provisions of this Subtitle as applied to the property; Environmental impacts associated with the accommodation are the minimum necessary to address the needs resulting from the particular disability of the applicant. The Planning Board shall determine the nature and scope of any accommodation under this section and may award different or other relief than requested after giving due regard to the purpose, intent, or effect of the applicable provisions of this Subtitle. The Board may also consider the size, location, and type of accommodation proposed and whether alternatives exist which accommodate the need with less adverse effect. The Planning Board may require, as a condition of approval, that upon termination of the need for accommodation, that the property be restored to comply with all applicable provisions of this Subtitle. Appropriate bonds may be collected or liens placed in order to ensure the County's ability to restore the property should the applicant fail to do so.

Regulations. Additional regulations of the underlying zones, in addition to those contained herein, shall also apply in the I-D-O Zone. Density. The density may not exceed the density of the underlying zone. Uses. The uses allowed in the I-D-O Zone are the same as those allowed in the underlying zones in which the land is classified, except as otherwise specified in Subtitle 27. General policies. New or expanded development or redevelopment in the I-D-O Zone shall take place in such a way as to: Improve the quality of runoff from developed areas that enters the Chesapeake Bay or its tributary streams; Accommodate additional development of the type and intensity designated by the County in this Program provided that water quality is not impaired; Minimize the expansion of I-D-O Zones into portions of the Critical Area designated as Habitat Protection Areas and R-C-O Zones; Conserve and enhance fish, wildlife, and plant habitats, as identified in the Habitat Protection Area Chapters of this Subtitle, to the extent possible within I- D-O Zones; and Encourage the use of retrofitting measures to address existing stormwater management quantity and quality problems. Development standards. The following development standards must be demonstrated within the I-D-O Zone: For redevelopment plans, opportunities to reduce impacts on water quality generated by existing development shall be analyzed; Urban (BMPs) for stormwater treatment shall be considered and, where appropriate, implemented as part of all plans for development and redevelopment; Stormwater shall be addressed in accordance with the following provisions: Development or redevelopment projects shall use technologies as required by applicable ordinances in order to minimize adverse impacts to water quality caused by stormwater. In the case of redevelopment, if these technologies do not reduce pollutant loadings measured by use of the keystone pollutant method by at least 10 percent below the level of pollution on the site prior to redevelopment, then offsets shall be provided. Guidance for compliance with this requirement is provided in the Critical Area 10% Rule Guidance Manual - Fall 2003 and as may be subsequently amended. In the case of new development, offsets shall be used if they reduce pollutant loadings by at least 10 percent of the pre-development levels. Guidance for compliance with this requirement is provided in the Maryland Chesapeake and Atlantic Coastal Bays Critical Area 10% Rule Guidance - Fall 2003 and as may be subsequently amended. Offsets may be provided either on or off site, provided that water quality benefits are equivalent, that the benefits are obtained within the same watershed, and that the benefits can be determined through the use of modeling, monitoring or other computation of mitigation measures. Guidance regarding offsets is provided in the Maryland Chesapeake and Atlantic Coastal Bays Critical Area 10% Rule Guidance - Fall 2003. There is no Critical Area lot coverage maximum in the I-D-O, however, where practicable, permeable areas shall be established in vegetation, and whenever possible, redevelopment shall reduce existing levels of pollution. Areas of public access to the shoreline, such as foot paths, scenic drives and other public recreational facilities, should be maintained and, if possible, encouraged to be established within the I-D-O.

Regulations. Additional regulations of the underlying zones, in addition to those contained herein, shall also apply in the L-D-O Zones. Density. The density may not exceed the density of the underlying zone. Uses. The uses allowed in the L-D-O Zone are the same as those allowed in the underlying zones in which the land is classified, except as otherwise specified in Subtitle 27. General policies. New or expanded development or redevelopment in the L-D-O Zone shall take place in such a way as to: Maintain, or, if possible, improve the quality of runoff and groundwater entering the Chesapeake Bay and its tributaries; Maintain, to the extent practicable, existing areas of natural habitat; and Accommodate additional low or moderate intensity development if: This development conforms to the water quality and habitat protection criteria contained herein; and The overall intensity of development within the L-D-O Zone is not increased beyond the level established in a particular area so as to change its prevailing character as identified by density and land use currently established in the area. Development standards. An applicant for a development activity shall meet all of the following standards of environmental protection in the L-D-O Zone: All development sites that are within the designated network of the Countywide Green Infrastructure Plan shall incorporate a wildlife corridor system that connects the largest undeveloped or most vegetative tracts of land within and adjacent to the site in order to provide continuity of existing wildlife and plant habitats with offsite habitats. The wildlife corridor system may include Habitat Protection Areas identified in this Subtitle. The wildlife corridors shall be included and identified on the Conservation Plan. The maintenance of the wildlife corridors shall be ensured by the establishment of conservation easements. For the cutting or clearing of trees in natural or developed woodland areas in current, planned or future activities in the L-D-O Zone, the following shall be addressed: Development activities shall be designed and implemented to minimize the destruction of woodland vegetation; Provisions for protection for natural and developed woodlands identified shall be provided; The total acreage of natural and developed woodlands shall be maintained or preferably increased to the fullest extent practicable; and Mitigation for woodland impacts shall be within the Critical Area. For the alteration of natural and developed woodlands in the L-D-O Zone, the following requirements shall apply: All woodlands that are allowed to be cleared or developed shall be replaced in the Critical Area on not less than an equal area basis; No more than 20 percent of any natural or developed woodland may be removed from forest use, except as provided in paragraph (4) below. The remaining 80 percent shall be maintained through conservation easements; and Developed woodlands shall be preserved and/or restored to the greatest extent practicable. For replacement of natural and developed woodlands, if more than 20 percent is to be removed from forest use, an applicant may clear or develop not more than 30 percent of the total forest area provided that the afforested area shall consist of 1.5 times the total surface acreage of the disturbed forest or developed woodland area, or both. Clearing in excess of 30 percent of a natural or developed woodland is prohibited without a variance. In addition, applicants shall adhere to the following criteria for forest and woodland development: At time of permit issuance, the permittee shall post a bond with DPW&T in an amount equivalent to the cost of completion of the planting requirements for the L-D-O Zone; Woodland which have been cleared before obtaining a grading permit or that exceed the maximum area allowed in subsection (3) above shall be replanted at the rate specified in subsection 5B-109(j)(3)(A); If the areal extent of the site limits the application of the reforestation standards in this section, alternative provisions or reforestation guidelines may be permitted in accordance with Section 5B-119 Woodland Protection and Planting of this Subtitle. Alternative provisions must conserve, enhance, or increase the natural and developed woodland resources of the Critical Area. Alternative provisions may include fees-in-lieu provisions or use of an off-site conservation bank if the provisions are adequate to ensure the restoration or establishment of the required woodland area; If less than 15% natural or developed woodland exists on the proposed development site, the site shall be planted to provide a natural or developed woodland cover of at least fifteen percent (15%); All forests designated on a Conservation Plan shall be maintained to the extent practicable, through conservation easements; The applicant shall designate, subject to the approval of the County, a new forest area on a part of the site not forested; and All forests designated on a Conservation Plan shall be maintained, and to the extent practicable protected through conservation easements. Applicants shall adhere to the following standards for development on steep slopes. Development on slopes 15 percent or greater, as measured before development, shall be prohibited unless the project is the only effective way to maintain or improve the stability of the slope and is consistent with the policies and standards for L-D-O Zones set forth above and with the provisions below. Consistent with an approved Forest Management Plan, if applicable; Consistent with an approve Surface Mining Permit, if applicable; and Consistent with an approved Soil Conservation and Water Quality Plan, if applicable. Critical Area lot coverage shall be limited to 15 percent of the site or as permitted by Subtitle 27. Conservation plans and associated development plans may propose modifications in road standards on a case-by-case basis to reduce potential impacts to the site, reduce total lot coverage in the Critical Area, and limit impacts to Critical Area resources, where the reduced standards do not significantly affect safety.

Regulations. Additional regulations of the underlying zones, in addition to those contained herein, shall also apply in the R-C-O Zones. Density. The density shall not exceed one dwelling unit per twenty (20) acres of gross tract area, except as otherwise specified in 5B-113(f). Uses. The uses allowed in the R-C-O Zone are the same as those allowed in the underlying zones in which the land is classified, except as otherwise specified in Subtitle 27. General Policies. New or expanded development or redevelopment in R-C-O Zones shall take place in such a way as to: Conserve, protect and enhance the overall ecological values of the Critical Area, its biological productivity and its diversity; Provide adequate breeding, feeding and wintering habitats for those wildlife populations that require the Chesapeake Bay, their tributaries or coastal habitats in order to sustain populations of those species; Conserve the land and water resource base that is necessary to maintain and support land uses such as agriculture, forestry, fisheries activities and aquaculture; and Conserve the existing developed woodlands and forests for the water quality benefits that they provide. Ensure that the overall acreage of forest and woodland within the R-C-O does not decrease. Development standards. An applicant for a development activity shall meet all of the following standards of environmental protection in the R-C-O Zone: Land use management practices shall be consistent with the policies, standards and criteria for Section 5B-102 Agriculture, Section 5B-119 Woodland Protection and Planting and Section 5B-120 Habitat Protection of this Subtitle. Agricultural and conservation easements shall be promoted in the R-C-O zone. All development sites that are within the designated network of the Countywide Green Infrastructure Plan shall incorporate a wildlife corridor system that connects the largest undeveloped or most vegetative tracts of land within and adjacent to the site in order to provide continuity of existing wildlife and plant habitats with offsite habitats. The wildlife corridor system may include Habitat Protection Areas identified in this Subtitle. The wildlife corridors shall be included and identified on the Conservation Plan. The maintenance of the wildlife corridors shall be ensured by the establishment of conservation easements. For the cutting or clearing of trees in natural or developed woodland areas in current, planned or future activities in the R-C-O Zone, the following shall be addressed: Development activities shall be designed and implemented to minimize the destruction of woodland vegetation; Provisions for protection for natural and developed woodlands identified shall be provided; The total acreage of natural and developed woodlands shall be maintained or preferably increased to the fullest extent practicable; and Mitigation for woodland impacts shall be within the Critical Area. For the alteration of natural and developed woodlands in the R-C-O, the following requirements shall apply: All woodlands that are allowed to be cleared or developed shall be replaced in the Critical Area on not less than an equal area basis; No more than 20 percent of any natural or developed woodland may be removed from forest use, except as provided in paragraph (4) below. The remaining 80 percent shall be maintained through conservation easements; and Developed woodlands shall be preserved and/or restored to the greatest extent practicable. For replacement of natural and developed woodlands, if more than 20 percent is to be removed from forest use, an applicant may clear or develop not more than 30 percent of the total forest area provided that the afforested area shall consist of 1.5 times the total surface acreage of the disturbed forest or developed woodland area, or both. Clearing in excess of 30 percent of a natural or developed woodland is prohibited without a variance. In addition, applicants shall adhere to the following criteria for forest and woodland development: At time of permit issuance, the permittee shall post a bond with DPW&T in an amount equivalent to the cost of completion of the planting requirements for the R-C-O Zone. Forests which have been cleared before obtaining a grading permit or that exceed the maximum area allowed in subsection (7) above shall be replanted at three times the areal extent of the cleared forest; If the areal extent of the site limits the application of the reforestation standards in this section, alternative provisions or reforestation guidelines may be permitted in accordance with Section 5B-119 Woodland Protection and Planting of this Subtitle. Alternative provisions must conserve, enhance, or increase the natural and developed woodland resources of the Critical Area. Alternative provisions may include fees-in-lieu provisions or use of an off-site conservation bank if the provisions are adequate to ensure the restoration or establishment of the required woodland area; If less than 15% natural or developed woodland exists on the proposed development site, the site shall be planted to provide a natural or developed woodland cover of at least fifteen percent (15%); All forests designated on a Conservation Plan shall be maintained to the extent practicable, through conservation easements; The applicant shall designate, subject to the approval of the County, a new forest area on a part of the site not forested; and All forests designated on a Conservation Plan shall be maintained, and to the extent practicable protected through conservation easements. Applicants shall adhere to the following standards for development on steep slopes. Development on slopes 15 percent or greater, as measured before development, shall be prohibited unless the project is the only effective way to maintain or improve the stability of the slope and is consistent with the policies and standards for R-C-O Zones set forth above and with the provisions below. Consistent with an approved Forest Management Plan, if applicable; Consistent with an approve Surface Mining Permit, if applicable; and Consistent with an approved Soil Conservation and Water Quality Plan, if applicable. Critical Area lot coverage shall be limited to 15 percent of the site. Conservation plans and associated development plans may propose modifications in road standards on a case-by-case basis to reduce potential impacts to the site, reduce total lot coverage in the Critical Area, and limit impacts to Critical Area resources, where the reduced standards do not significantly affect safety. Calculation of 1-in-20 acre density of development. In calculating the 1-in-20 acre density of development that is permitted on a parcel located within the R-C-O zone: Each dwelling unit shall be counted; The area of any private wetlands located on the property may be included under the following conditions: The density of development on the upland portion of the parcel may not exceed one dwelling unit per eight acres; and The area of private wetlands shall be determined by an approved wetland study.

Conservation Plan Required. A Conservation Plan is a site plan that must be approved in addition to all other applicable standard requirements of the County Code for development or redevelopment if the land falls within the Critical Area. The Conservation Plan must include a buffer management plan for properties that contain a Critical Area buffer. Prior to the approval of any subdivision, site plan, the issuance of any grading permit or the issuance of building permits for any property within the Critical Area, a Conservation Plan must be approved unless: the proposed project qualifies for a Staff Level Review per paragraph (b) below; or the permit application consists of renovations and/or additions to existing improvements on residentially zoned lots, located outside of primary and secondary buffers, measuring 20,000 square feet or smaller in the Intense Development Overlay Zone in the Anacostia River basin. Staff Level Review. The Director or the Director's designee may conduct a review and approve grading or building permit applications without a Conservation Plan if: the property was within the Critical Area boundary and had obtained an approved Conservation Plan prior to the approval of the 2014 Critical Area Overlay Zone but is no longer within the overlay zone due to a map amendment; or the area of disturbance is less than five-hundred (500) square feet, provided the criteria of items (i) through (viii) below can be met. Disturbance will not occur in the Buffer; and Vegetation will not be removed as a result of the proposed activity; and Steep or severe slopes will not be disturbed; and Habitat Protection Areas will not be affected; and Tidal or non-tidal wetlands will not be affected; and Existing property is in conformance with the requirements of the Zoning Ordinance and the proposed changes will retain this conformance; and A preliminary plan of subdivision is not required; and A Conservation Plan has not been approved for the subject property. Requirements for Staff Level Review. The review shall be conducted within 30 days of receipt of a complete application. A complete application includes a completed application form; a description of how the criteria in Section 5B-116(b) have been met; the appropriate fee, if any; and a dimensioned plan showing the information required on the Staff Level Review plan checklist contained in the Environmental Technical Manual. In addition, information deemed necessary by the Planning Director or the Director's designee to show compliance with this Subtitle and the Zoning Ordinance may be required. Requirements for a Conservation Plan. A conservation plan is required when the criteria above in Section 5B-116(b) cannot be met for the activity proposed. The applicant shall submit to the Planning Department a completed application form, 23 folded prints of a dimensioned conservation plan prepared in accordance with the conservation plan checklist contained in the Environmental Technical Manual, and the appropriate fee. If the conservation plan has been prepared by a Property Line Surveyor, the horizontal location of all right-of-way lines, as shown on the plan, shall be certified by either a Professional Land Surveyor or a Professional Engineer. The plan shall be prepared at a scale of 1 inch = 50 feet or 1 inch = 30 feet. The conservation plan shall be referred to the Subdivision and Development Review Committee for review and comment. In addition, information deemed necessary by the Planning Director or the Director's designee to show compliance with this Subtitle and the County Code may be required. Planting agreement. When planting is proposed to meet the requirements of this Subtitle, a signed planting agreement shall be included on the plan. When a Conservation Plan is required, the property shall be posted with signs on-site for 30 days prior to the public hearing for plans approved by the Planning Board and for 30 days prior to the signature of the plan by the Planning Director or the Director's designee for reviews conducted by the Planning Director or the Director's designee. Posting of properties shall follow the provisions of Subtitle 27 with regard to the number of signs required, submittal of affidavit and all other applicable provisions. Planning Director Review. A conservation plan may be approved by the Planning Director or the Director's designee, if no variances to any provision of this Subtitle or the Zoning Ordinance are needed; the Conservation Plan is not associated with a subdivision application; and no request for a hearing by the Planning Board has been received. Planning Board Review. A conservation plan shall be reviewed and approved by the Planning Board if the criteria for a Staff Level Review or Planning Director Review cannot be met. Plan Validity Period. Once approved, a conservation plan is valid for three years. Staff Level Review approvals are also valid for three years. A valid approval is required in order to obtain permits. An extension of the approval may be granted by the original approval authority for a maximum of one year from the original expiration date. Minor and Major Revisions to Conservation Plans. A copy of the approved conservation plan, with proposed revisions indicated, shall be submitted to M-NCPPC. Staff of the M-NCPPC and the Department of Permitting, Inspections, and Enforcement shall review the proposed changes and make recommendations to the Planning Director or the Director's designee. If the Planning Director or the Director's designee determines that the proposed revisions are not minor, the proposal will either have to be changed or submitted as a Major Revision. Minor Revisions. Minor Revisions are those activities which do not result in a substantial change to the approved Conservation Plan. The following are Minor Revisions: Revision of a landscape plan where equal mitigation is provided. Revision of an area of disturbance where the change is less than five hundred (500) square feet provided that: The new disturbance will not create the need for an engineered erosion and sediment control plan. Disturbance will not occur in the Buffer. No forest areas protected by the approved plan will be cleared as a result of the proposed activity. No steep slopes will be altered. No Habitat Protection Areas will be affected. No tidal or non-tidal wetlands or wetland buffers will be affected. Revisions to the site design (e.g. materials or structure location) provided that the existing property is in conformance with the requirements of the Zoning Ordinance and the proposed change will retain this conformance. Revisions to the site design (e.g. materials or structure location) where the revision does not result in the lot coverage exceeding the maximum permitted for the site. Other revisions that the Planning Director or the Director's designee determines to be minor. Major Revisions. A Major Revision will be treated as a wholly new Conservation Plan. The Plan will require review by the Subdivision Review Committee and approval by the Planning Board or the Planning Director or the Director's designee, as appropriate. Building and Grading Permits. Applications for grading and building permits require a copy of all applicable plans, including but not limited to, an approved conservation plan, an approved planting plan (and agreement), and/or an approved buffer management plan. Prior to final approval of the grading or building permit plan, whichever comes first, the liber and folio of the Conservation Agreement shall be placed on the grading or building permit plan. Applications for grading and building permits shall also include a copy of an executed and recorded Conservation Agreement using the standard template that commits the existing and future property owners to the requirements and limitations of the approved plans. A copy of the template can be found in the Environmental Technical Manual. Once the Conservation Plan or Staff Level Review Plan has been approved, a pre-construction meeting must be held before a permit is issued. In addition, all applicable fees-in-lieu must be paid and a bond posted that includes the cost of implementing all required planting on the site or as mitigation off-site prior to permit issuance. No clearing of vegetation or grading shall occur until a permit has been issued. If grading or clearing occurs prior to the issuance of a permit, woodlands shall be replanted at the required rate for a violation for the full extent of the area of disturbance. It is the applicant's responsibility to arrange a preconstruction meeting through the Department of Permitting, Inspections, and Enforcement. The applicant shall submit copies of the approved Conservation Plan or Staff Level Review Plan to the grading inspector, building inspector and developer at the preconstruction meeting. The purpose of the on-site meeting is to assure that the site is developed in accordance with the approved Conservation Plan or Staff Level Review Plan. All sediment controls must be properly installed and limits of disturbance must be clearly delineated. Trees or other vegetation to be retained within the limits of disturbance must clearly be marked with surveyor's tape. Marking of individual trees shall be done with surveyor's tape. All protective devices shall be in place prior to the commencement of construction. Critical Area Planting Agreement and Bond. A Critical Area planting agreement consists of a signed agreement with a planting plan and, when required, a bond. A planting agreement is a required component of a Staff Level Review or a Conservation Plan to meet afforestation and reforestation standards and buffer establishment standards contained in this Subtitle. The Planting Agreement and, when required, a bond, must be approved and posted prior to issuance of a permit in the Critical Area. The Planting Agreement is based on the amount of required afforestation, reforestation, or Buffer establishment and shall meet the standards below. In the case of a Planting Plan to meet the requirements of Section 5B-121, additional detail may be required. A plan that shows the limit of disturbance, the total number and size of trees removed, if applicable, and the arrangement of the proposed planting; A landscape schedule showing the proposed species type, the quantity of plants, the size of plants, and the stock type that is proposed for installation that meets the planting credit standards contained in Section 5B-121, Tables (g)(2), (g)(3), and (g)(4); A maintenance plan that meets the requirements of Section 5B-121(l)(1)C and D; A signature of the responsible party; A signature that confirms the review and approval of the plan by the applicable agency depending on whether Staff Level Review or a Conservation Plan is required. Implementation of the planting agreement shall be required within two planting seasons. An extension of the planting agreement for one planting season may be obtained upon written request with accompanying justification demonstrating hardship or special conditions that prevented completion of the original planting agreement. Certificates of occupancy will not be issued without satisfactory implementation of the planting agreement or payment of a bond in the amount of the estimated cost of the required planting if a bond has not already been posted. Permittees are required to notify the Department of Permitting, Inspections, and Enforcement when the planting required by the planting agreement is complete and to request an inspection to verify implementation of the planting agreement. Execution of a planting bond is required for all non-residential applications and for all other applications when total cumulative quantities of required mitigation on a parcel or lot exceed 5,000 square feet. If implementation of the planting agreement on projects with less than 5,000 square feet of mitigation is not satisfactorily completed, a bond shall be required prior to issuance of a certificate of occupancy. Bond amounts are based upon the estimated base cost for planting, which shall be calculated using the schedule of fees, fines and penalties adopted by the County Council. The bond required for any reforestation or afforestation shall be the dollar figure resulting from the formula. Bonds posted to secure a temporary certificate of occupancy shall be 100 percent of the estimated base cost for planting trees. In the event the applicant breaches the Critical Area planting agreement, the applicant shall forfeit any bonds. The bonds shall be used by the county to restore the property. If no bond was required of if the bonds are insufficient to pay the costs of restoration, a lien shall be placed against the property for all monies due and owing to the county for performing necessary planting, maintenance, replacement of dead or dying plantings, and other costs and expenses. The length of time a bond shall be held is according to the required survival rates based on stocking type contained in Section 5B-121, Table (g)(4). Fees-in-Lieu. In the event reforestation or Buffer mitigation cannot be completely accommodated on-site as demonstrated on a Conservation Plan or Staff Level Review, the Department of Permitting, Inspections, and Enforcement may collect a fee-in-lieu prior to the issuance of any permit. Fees are paid at the Department of Permitting, Inspections, and Enforcement and made payable to Prince George's County. The fee-in-lieu for reforestation and fee-in-lieu for Buffer mitigation shall be held in separate restricted accounts. Fees-In-Lieu of Woodland and Developed Woodland Mitigation. If the planting requirements set forth in Section 5B-114(e), Section 5B-115(e), Section 5B-119 and Section 5B-121 for mitigation outside the Buffer cannot be met, a fee-in-lieu of mitigation in accordance with the following standards shall be collected prior to permit issuance: Fee-in-lieu monies shall be collected and held in a separate account; Fee-in-lieu shall be assessed at $1.50 per square foot of required mitigation; A portion of fee-in-lieu money can be used for management and administrative costs; however, this cannot exceed 20% of the fees collected; and Fee-in-lieu monies shall be used to support reforestation with the following order of preference: To reforest within the same watershed within the Critical Area; To reforest within the Critical Area; When all options for reforestation in the Critical Area are exhausted, consideration may be given to sites selected outside the Critical Area. In order for sites outside the Critical Area to be considered acceptable for reforestation, one of the following scenarios must be present: There is an ecological connection to the Critical Area. There is a significant resource that merits protection. There is a habitat area of special significance that is afforded no protection outside the Critical Area (i.e. Forest Interior Dwelling Bird habitat). Fees-In-Lieu of Buffer Mitigation. If the planting requirements set forth in this Subtitle cannot be met, the Department of Permitting, Inspections, and Enforcement shall collect a fee-in-lieu of mitigation in accordance with the following standards and Section 5B-119(d): Fee-in-lieu monies shall be collected and held in a separate account; Fee-in-lieu shall be assessed at $1.50 per square foot of required Buffer mitigation; A portion of fee-in-lieu money can be used for management and administrative costs; however, this cannot exceed 20% of the fees collected; and Fee-in-lieu monies shall be used as follows: To establish the Buffer on sites where planting is not a condition of development or redevelopment; For water quality and habitat enhancement projects as described in an agreement between the Department of Permitting, Inspections, and Enforcement, M-NCPPC and the Commission. Conservation Plan Review Fee. The fee schedule for the Department of Permitting, Inspections, and Enforcement review fees approved and submitted by the County Executive and adopted by County Council Resolution. Planning Department review fees are contained in a fee schedule approved by the Planning Board.

Subdivision Regulations and Procedures are found in Subtitle 24. Where the property proposed to be subdivided is located within the Chesapeake Bay Critical Area Overlay Zone, a Conservation Plan prepared in accordance with this subtitle shall be submitted for review by the Subdivision Review Committee and approval by the Planning Board or Planning Director or the Director's designee, prior to, or concurrent with, a preliminary plan of subdivision. Prior to its approval, the Planning Board, Planning Director, or the Director's designee shall find that the Conservation Plan is consistent with this subtitle and Subtitle 24 and that it contains provisions sufficient to minimize adverse impacts on the environment. Intra-family transfers are not allowed in the Critical Area. Intra-family transfers may be allowed outside the Critical Area for properties that are partially within the Critical Area, provided that the transfer must occur outside the Critical Area. A conservation plan shall be prepared to ensure that the property retains conformance with this subtitle and Subtitles 24 and 27.

Identification. Water dependent facilities include, but are not limited to, ports, the intake and outfall structures of power plants, water-use industries, and marinas and other boat docking structures, public beaches and other public water-oriented recreation areas, and fisheries activities. Excluded from this regulation are individual private piers installed or maintained by riparian landowners, and which are not part of a subdivision that provides community piers. General Policies. The policies of the County with regard to water-dependent facilities shall be to limit development activities in the Buffer to those that are water-dependent and provide by design and location criteria that these activities will have minimal individual and cumulative impacts on water quality and fish, wildlife and plant habitat in the Critical Area. Standards. The following standards shall apply to new or expanded development activities associated with water-dependent facilities: New or expanded development activities may be permitted in the Buffer in the I- D-O and L-D-O provided that it can be shown: That the use meets the definition of a water-dependent facility; That the project meets a recognized private right or public need; That adverse effects on water quality, fish, plant and wildlife habitat are minimized; That, insofar as possible, non-water-dependent structures or operations associated with water-dependent projects or activities are located outside the buffer; That the facilities are consistent with an approved Conservation Plan or Staff Level Review Plan as set forth herein; That the proposal conforms to all applicable Master and Sector plans, and Lot coverage in the Buffer does not exceed the minimum amount necessary for water-dependent facilities, regardless of the critical area classification or the size of the parcel or lot, except: for a variance granted in accordance with this Subtitle; or as provided in a waterfront revitalization area or a waterfront industrial area. Implementation. Applicants for new or expanded water-dependent facilities in I-D-O Zones or L-D-O Zones shall set out in the application how the above requirements are met. Evaluating plans for new and expanded water-dependent facilities. The following factors shall be considered when evaluating proposals for new or expanded water dependent facilities: That the activities will not significantly alter existing water circulation patterns or salinity regimes; That the water body upon which these activities are proposed has adequate flushing characteristics in the area; That disturbance to wetlands, submerged aquatic plant beds, or other areas of important aquatic habitats will be minimized; That adverse impacts to water quality that may occur as a result of these activities, such as non-point source run-off, sewage discharge from land activities or vessels, or from boat cleaning and maintenance operations, is minimized; That shellfish beds will not be disturbed or be made subject to discharge that will render them unsuitable for harvesting; That dredging shall be conducted in a manner, and using a method which causes the least disturbance to water quality and aquatic and terrestrial habitats in the area immediately surrounding the dredging operation or within the critical area, generally; That dredged spoil will not be placed within the Buffer or elsewhere in that portion of the Critical Area which has been designated as a Habitat Protection Area except as necessary for: Backfill for permitted shore erosion protection measures; Use in approved vegetated shore erosion projects; Placement on previously approved channel maintenance spoil disposal areas; and Beach nourishment. That interference with the natural transport of sand will be minimized; and That disturbance will be avoided to historic areas of waterfowl staging and concentration or other Habitat Protection Areas identified in the Habitat Protection Area section of this Subtitle. Availability of information. The information necessary for evaluating the above factors, if not available locally, shall be obtained from appropriate State and Federal agencies. Marinas and other commercial maritime facilities. New, expanded or redeveloped marinas may be permitted in the Buffer within I-D-O Zones and L-D-O Zones subject to the requirements set forth in this section. New marinas or related maritime facilities may not be permitted in the Buffer within R-C-O Zones except as provided in this section. Expansion of existing marinas may be permitted within R-C-O Zones provided that it is sufficiently demonstrated that the expansion will not adversely affect water quality, and that it will result in an overall net improvement in water quality at or leaving the site of the marina. New and existing marinas shall meet the sanitary requirements of the Department of the Environment as required in COMAR 26.04.02. New marinas shall establish a means of minimizing the discharge of bottom wash waters into tidal waters. Community piers. New or expanded community marinas and other non-commercial boat-docking and storage facilities may be permitted in the Buffer subject to the requirements in Zoning Ordinance provided that: These facilities may not offer food, fuel, or other goods and services for sale and shall provide adequate and clean sanitary facilities; The facilities are community-owned and established and operated for the benefit of the residents of a platted and recorded riparian subdivision; The facilities are associated with a residential development approved by the County for the Critical Area and consistent with all State requirements and Program requirements for the Critical Area; Disturbance to the Buffer is the minimum necessary to provide a single point of access to the facilities; and If community piers, slips, or moorings are provided as part of the new development, private piers in the development are not allowed. Number of slips or piers permitted. The number of slips or piers permitted at the facility shall be the lesser of (1) or (2) below: One slip for each 50 feet of shoreline in the subdivision in the Intensely Developed and L-D-O Zones and one slip for each 300 feet of shoreline in the subdivision in the R-C-O Zone; or A density of slips or piers to platted lots or dwellings within the subdivision in the Critical Area according to the following schedule: Platted Lots or Dwellings in the Critical Area Slips Up to 15 1 for each lot 16—40 15 or 75% whichever is greater 41—100 30 or 50% whichever is greater 101—300 50 or 25% whichever is greater Over 300 75 or 15% whichever is greater

Public beaches and other public recreation or education areas. Public beaches or other public water-oriented recreation or education areas including, but not limited to, publicly owned boat launching and docking facilities and fishing piers may be permitted in the Buffer in I-D-O Zones. These facilities may be permitted within the Buffer in L-D-O Zones and R-C-O Zones provided that: Adequate sanitary facilities exist; Service facilities are, to the extent possible, located outside the Buffer; Permeable surfaces are used to the extent practicable, if no degradation of groundwater would result; Disturbance to natural vegetation is minimized; and Areas for possible recreation, such as nature study, and hunting and trapping, and for education, may be permitted in the Buffer within R-C-O Zones if service facilities for these uses are located outside of the Buffer. Research areas. Water-dependent research facilities or activities operated by State, Federal, or local agencies or educational institutions may be permitted in the Buffer, if non-water-dependent structures or facilities associated with these projects are, to the extent possible, located outside of the Buffer. Fisheries activities. Lands and water areas with high aquaculture potential will be identified by the County in cooperation with the State when applications for new or expanded fisheries or aquaculture facilities in these areas are submitted to the County. These areas are encouraged for that use and if so used, should be protected from degradation by other types of land and water use or by adjacent land and water uses. Commercial water-dependent fisheries including, but not limited to structures for crab shedding, fish off-loading docks, shellfish culture operations and shore-based facilities necessary for aquaculture operations and fisheries activities may be permitted in the Buffer in I-D-O Zones, L-D-O Zones and R-C-O Zones.

General Policies. The following policies for woodland protection recognize the value of forested land for its water quality benefits and for habitat protection while accommodating the utilization of forest resources where appropriate: Maintain and increase the forested vegetation in the Critical Area; Conserve forests and developed woodlands and provide for expansion of forested areas; Provide that the removal of trees associated with development activities shall be minimized and, where appropriate, shall be mitigated; and Recognize that woodlands are a protective land use and should be managed in such a manner so that maximum values for wildlife, water quality, timber, recreation, and other resources can be maintained, even when they are mutually exclusive. Policies for the Protection of Riparian and Woodland Habitat. The following policies apply to the protection of riparian habitat: Vegetation shall be maintained in its natural condition along all streams to provide wildlife corridors and it shall be established where it does not currently exist. A minimum 100-foot Buffer shall extend landward from the mean high water line of tidal water, and the edge of tributary streams and tidal wetlands. This area is to be conserved for wildlife protection. Wooded non-tidal wetlands should be left in a natural state for wildlife and water quality protection. Woodland areas utilized as breeding areas by forest interior dwelling birds and other wildlife species shall be conserved. Existing riparian woodlands and/or which are documented breeding areas shall be conserved. Process. If a woodland is to be developed or to be harvested, a site-specific field investigation shall be conducted to determine if important sensitive species are present and to make sure that appropriate protection measures are incorporated into the development plan or Forest Management Plan. When development activities are proposed within riparian woodlands or woodland areas utilized as breeding areas by forest interior dwelling birds (FIDS), the Critical Area Commission publication entitled, A Guide to the Conservation of Forest Interior Dwelling Birds in the Chesapeake Bay Critical Area, dated June 2000, and as may be subsequently amended, shall be used as a guide. In addition, the Department of Natural Resources will make specific recommendations based on an evaluation of the site and the proposed development or forest management. The following development standards shall apply: Minimize disturbance during the May-August breeding season (i.e. from off-road vehicles, intensive use or logging). Focus all development or disturbance on the periphery of woodlands (i.e. roads, utility line corridors, structures). Retain the contiguous cover of branches and foliage formed by the crowns of adjacent trees and shrubs underneath the canopy which serve as bird nesting and feeding habitat. Retain standing dead trees (e.g. snag trees) and mature seed trees which serve as bird nesting and feeding habitat. Discourage creation of small clearings and disproportionate expansion of edge habitat. Encourage re-establishment of native forests and woodlands; and Adopt harvest techniques to maintain or improve habitat. The replacement or establishment of forest or developed woodlands should ensure a diversified plant community and should include canopy trees, understory trees, shrubs and herbaceous plants. Native species should be used for all reforestation and afforestation. Fees-In-Lieu of Woodland and Developed Woodland Mitigation. If the planting requirements set forth in Section 5B-114(e), Section 5B-115(e), Section 5B-119 and Section 5B-121. cannot be met, a fee-in-lieu of mitigation shall be collected in accordance with the following standards: Fee-in-lieu monies shall be collected and held in a separate account; Fee-in-lieu shall be assessed at $1.50 per square foot of required mitigation; A portion of fee-in-lieu money can be used for management and administrative costs; however, this cannot exceed 20% of the fees collected; and Fee-in-lieu monies shall be used to support reforestation in accordance with Section 5B-114(k). Enforcement. Unauthorized clearing, cutting, or removal of vegetation; unauthorized clearing in the Critical Area, cutting or removal of vegetation in the Buffer; and clearing, cutting or removal of vegetation in excess of the area permitted to be cleared by this Subtitle are considered a civil violation of this Subtitle and shall result in fines as set forth in Section 5B-111 of this Subtitle and mandatory planting. The Director of Permitting, Inspections, and Enforcement, or the Director's designee, shall have the authority to issue a citation. Unauthorized clearing of natural or developed woodland, and clearing, cutting, or removal of vegetation outside the Critical Area Buffer, including exceeding the maximum area of clearing allowed through an approved Conservation Plan as described in Section 5B-119, shall be replanted at three times the total area of clearing (3:1). Unauthorized clearing of natural or developed woodland, and clearing, cutting, or removal of vegetation within the Critical Area Buffer or other Habitat Protection Areas, including exceeding the maximum area of clearing allowed through an approved Conservation Plan as described in Section 5B-121, shall be replanted at four times the total area of clearing (4:1). When trees or vegetative cover cannot be fully replaced on-site because of existing vegetation, existing development, or the size of the parcel, then a fee-in-lieu of planting may be collected. Fees shall be assessed at $1.50 per square foot of required mitigation. Fines collected from enforcement actions in the Critical Area shall be maintained in a separate account to be used for reforestation or other habitat enhancing efforts. Commercial Timber Harvesting. Commercial harvesting of trees is permitted in the Critical Area with the exception of areas within the Buffer and in Habitat Protection Areas. A Forest Management Plan is required for all commercial harvests regardless of size of the area to be cut. The Plan shall be prepared by a registered professional forester and approved using the process outlined in the Woodland and Wildlife Habitat Conservation Ordinance (Subtitle 25 of the County Code). The plan shall address mitigation through management techniques including scheduling; size and intensity of harvesting; and reforestation and stabilization. Commercial harvesting practices shall be conducted to protect and conserve the Buffer and Habitat Protection Areas.

Description. Habitat Protection Areas in the Critical Area are designated for protection and include the following seven habitats: The Critical Area Buffer; Habitat of Threatened and Endangered Species and Species in Need of Conservation; Plant and Wildlife Habitat Protection Areas; Nontidal Wetlands; Anadromous Fish Propagation Waters; Natural Heritage Areas; and Colonial water bird nesting areas, aquatic areas of historic waterfowl concentration, and forest areas with breeding populations of forest interior dwelling species. Identification. At the time of submittal of a development application, the applicant shall identify habitat protection areas as described in Section 5B-116. Protection Measures. Protection measures for habitat areas within specific sites are developed and enforced through an approved conservation plan.

Identification of the Critical Area Buffer. The Buffer shall be identified, and the applicable standards applied, on all lands on which a development activity or a change in land use is proposed when the lands are adjacent to tidal waters, tributary streams, and tidal wetlands. The applicant shall be responsible for ensuring that the Buffer is accurately identified and delineated on all submittals for review. In any Prince George's County Critical Area Overlay Zone the Buffer is composed of the primary and secondary buffers as defined below: A Primary Buffer is an area one hundred (100) feet from: the mean high water line of tidal waters; the edge of the bank of tributary streams; and the landward extent of tidal wetlands for each feature measured separately. In the R-C-O, the Primary Buffer shall be two hundred (200) feet as described in section (d) below and shall be measured in the same manner as described above. The Secondary Buffer includes areas contiguous to the Primary Buffer that are essential for the Buffer to perform all of its integral functions, including: A steep slope at a rate of four feet for every one percent of slope or the entire steep slope to the top of the slope, whichever is greater; A nontidal wetland to the upland boundary of the nontidal wetland; The 100-foot buffer that is associated with a Nontidal Wetland of Special State Concern as stated in COMAR § 26.23.06.01; The 100-year floodplain; For an area of hydric soils or highly erodible soils, the lesser of: The landward edge of the hydric soils or highly erodible soils; or Three hundred feet where the 300 foot expansion area includes the minimum 100-foot Primary Buffer and is measured from the features as described in (A) above. Critical Area Buffer Function: Provide for the removal or reduction of sediments, nutrients, and potentially harmful or toxic substances in runoff entering the Bay and its tributaries. Minimize the adverse effects of human activities on wetlands, shoreline, stream banks, tidal waters, and aquatic resources. Maintain an area of transitional habitat between aquatic and upland communities. Maintain the natural environment of streams. Protect riparian wildlife habitat. Critical Area Buffer Delineation. An applicant for a development activity or a change in land use shall delineate on all plans the primary and secondary buffers as defined in (a) above. Buffer Establishment for New Subdivisions and Changes in the Proposed Use in the R-C-O. Applications for a subdivision or for a proposed change in the use of the subject property requiring conservation plan approval shall include: On land located within the R-C-O, plans shall show the delineation of: Primary and Secondary Buffers in accordance with section (a) above; or A Primary Buffer of at least 200 feet from a tidal waterway or tidal wetlands; and a Primary Buffer of at least 100-feet from a tributary stream. The provisions of subsection (1) above do not apply if the application involves the use of growth allocation. Permitted Activities. New development is permitted in the Buffer associated with a water-dependent activity as noted in the Zoning Ordinance or for shore erosion control measures as described in Section 5B-124. All other uses and structures are prohibited within the Buffer, except where an appropriate variance has been requested and approved by the Planning Board. Buffer Establishment in Vegetation. Except for the in-kind replacement of a principal structure, those applications listed in Subsection (1) below that occur outside the Buffer and that are located on a riparian lot or parcel that includes Critical Area Buffers to tidal waters, tidal wetlands, or tributary streams, an applicant shall establish the Buffer in vegetation and provide a Buffer Management Plan in accordance with this section. The provisions of this section apply to: A new subdivision or a new lot; A lot or parcel that is converted from one land use to another; or Development on a lot or a parcel created before January 1, 2010. Table (f)(2) Required Area of Buffer Establishment Development Category Buffer Establishment Required New Development on a Vacant Lot ⇐Fully Establish the Buffer⇒ New Subdivision or New Lot ⇐Fully Establish the Buffer⇒ New Lot With An Existing Dwelling Unit ⇐Buffer Establishment is Based on Total Lot Coverage⇒ Conversion of a Land Use on a Parcel or Lot to Another Land Use ⇐Fully Establish the Buffer⇒ Addition or Accessory Structure ⇐Increase the Buffer Vegetation Based on Net Increase in Lot Coverage⇒ Substantial Alteration ⇐Increase the Buffer Vegetation Based on Total Lot Coverage⇒

If the Buffer is not fully forested at the time of application, the area of the Buffer required to be established through planting shall be in accordance with the Table (f)(2). Per Table (f)(2) where the Buffer is to be increased using total lot coverage proposed, the minimum amount of planting in the Buffer shall be equal to the amount of Critical Area lot coverage proposed. Where the Buffer is to be increased using the net increase in lot coverage proposed, the minimum amount of additional planting in the Buffer shall be equal to the amount of the net increase Critical Area lot coverage proposed. Applicants for development as set forth in Subsection (1) above shall obtain approval from the Planning Director or the Director's designee of a Buffer Management Plan that meets the following standards: The Plan shall be developed in accordance with the planting standards set forth in section (g) below; For new subdivisions the Plan shall include the installation of signs delineating the upland boundary of the Buffer at a ratio of at least one sign per lot or per 200 feet of shoreline, whichever is applicable; and The financial assurance required in section (j) below may not be released until the entire area of the Buffer contains at least 300 viable native woody stems per acre. For Buffer establishment that exceeds one acre, the Buffer Management Plan may allow natural regeneration up to 50% of the area required for establishment if: The entirety of the natural regeneration area is within 50 feet of a mature forest that contains a seed bank of native species adequate for natural regeneration; The Plan includes a supplemental planting plan for implementation if necessary; and The financial assurance period is at least seven years. Mitigation and planting standards. A Buffer Management Plan shall meet the following planting and mitigation standards: As appropriate to the site, the Plan shall: Prohibit the creation of new lawn or turf areas onsite in the Buffer; Use native species; Require the stabilization of the ground with mulch or non-invasive ground cover or both; Ensure the survival of all nursery stock for at least two years; Ensure the survival of flexible stock in accordance with Table (g)(4) - Flexible Stocking Standards; and Locate all mitigation in the Buffer in a manner that provides optimum habitat and water quality benefits. Credits for planting shall be based on the type and size of the vegetation and the maximum composition as set forth in the table below: Table (g)(2) Nursery Stock Credits Vegetation Type (Species) Minimum Size Credit (Square Feet) Maximum Composition Canopy Tree 2" caliper and 8' high 200 Canopy Tree 1" caliper and 6' high 100 Understory Tree 1" caliper and 6' high 75 Large Shrub 1 gallon and 4 feet high 50 30% Small Shrub 1 gallon and 18" high 25 20% Herbaceous perennials * 1 quart 2 20% Planting Cluster 1 * 1 Canopy Tree plus 3 Large Shrubs or 6 Small Shrubs of sizes listed above 300 Planting Cluster 2 * 2 Understory Trees plus 3 Large Shrubs or 6 Small Shrubs of sizes listed above 350

* These options are only available for Buffer mitigation of less than 1 acre. The Plan may allow the combination of the planting and mitigation standards found in Table (g)(2) - Nursery Stock Credits in paragraph (2) and Table (g)(3) - Flexible Stocking Table in paragraph (4) in accordance with the Combination Planting Table below: Table (g)(3) Combination Planting Standards Requirement Amount Options Establishment Less than ¼ acre Nursery stock according to Table (2) for the entire area Greater than ¼ acre ≤ 1 acre At least 50% of the area in nursery stock according to Table (2), the remainder according to Table (4) Greater than 1 acre to ≤ 5 acres At least 25% of the area in nursery stock according to Table (2), the remainder according to Table (4) Greater than 5 acres At least 10% of the area in nursery stock according to Table (2), the remainder according to Table (4) Mitigation Less than 1 acre Nursery stock according to Table (2) for the entire area 1 Acre or greater At least 50% of area in nursery stock according to Table (2), the remainder according to Table (4)

Plant stocking for establishment and mitigation that uses the combination planting table above shall stock the remainder using only types of planting stock in accordance with the Flexible Stocking Table below: Table (g)(4) Flexible Stocking Standards Stock Size (Trees Only) Number per Acre Required Survival Rate Required Survival Prior to Release of Financial Assurance Bare-root seedling or whip 700 50% 350 per acre 5 years ½" to 1" Container grown trees 450 75% 337 per acre 2 years Greater than 1" container grown trees 350 90% 315 per acre 2 years

Calculating Required Mitigation for Authorized Disturbance Or Clearing. Buffer mitigation shall be based on the area of the Buffer that is disturbed or developed and the ecosystem function lost and shall be calculated as follows: Mitigation for individual trees removed without disturbance to other vegetation is based on the diameter of the tree at 4.5 feet above the ground surface and is required at a rate of 100 square feet for every one inch of diameter if the tree is greater than two-inches in diameter. Mitigation for any clearing of other vegetation, including trees and woody vegetation less than two inches in diameter, and for development activity within the Buffer is based on the square footage disturbed and is required at the ratios set forth in the table below: Table (h)(2) Mitigation Ratios for Authorized Development Activities Activity Mitigation Ratio Shore erosion control 1:1 Riparian water access 2:1 Development or redevelopment of water-dependent facilities 2:1 Variance 3:1

Mitigation for clearing or development activity affecting woodlands or developed woodlands within the Buffer is based on the number of trees removed plus the area disturbed for the development activity, and is the sum of the mitigation specified in standards (1) and (2) above. Based on the development activity that is proposed, these ratios may be cumulative. Mitigation ratios for a violation in the Critical Area are provided in Section 5B-119(e) and may also be cumulative. Mitigation for the removal of dead, diseased, or dying trees is based on each tree removed and is required at one tree for each tree removed. Mitigation for the removal of invasive species is based on the area disturbed and is required at a one-to-one ratio. Locating Buffer mitigation. Mitigation plantings shall be located on-site within the Buffer, unless this is not feasible due to site constraints. The following alternatives may be used in the following order of priority: On-site and adjacent to the Buffer; On-site and elsewhere within the Critical Area; Off-site in the Critical Area and in the same watershed; Off-site in the Critical Area; or Payment of a fee-in-lieu of mitigation as described in Section 5B-119(n) of this Subtitle. Required Submittal of Buffer Management Plans. When the Buffer is required to be established or mitigation is required for disturbance to the Buffer, a Buffer Management Plan is required. A Buffer Management Plan may be a Simplified Plan or a Standard Plan as described in section (k) and (l) below. Both the Simplified Plan and Standard Plan must be approved by the Planning Director or the Director's designee in accordance with the standards described in sections (k) and (l) below with the approval of either a conservation plan or staff level review as appropriate. A Buffer Management Plan is required when the Buffer must be established per Sections (f) and (g) of this Division. The Plan must be submitted with all other application materials and clearly specify the area to be planted and state if the applicant is: Fully establishing the Buffer; Partially establishing an area of the Buffer equal to the net increase in lot coverage, or Partially establishing an area of the Buffer equal to the total lot coverage. A Buffer Management Plan shall also be required for any disturbance to the Buffer that results from the approval or issuance of the following including mitigation for a violation: A variance; A subdivision; A site plan; A shore erosion control permit as required under COMAR 26.24.01; A building permit; A grading permit; or A special exception. Simplified Buffer Management Plan. The Planning Director or the Director's designee may approve a Simplified Buffer Management Plan for the following activities: To provide an access path to a private pier or to the shoreline that is no wider than three feet; To cut a tree that is in imminent danger of falling and causing damage to a dwelling or other structure, To cut a tree which is in danger of falling and causing blockage to a stream; To cut a tree which may accelerate shoreline erosion; To perform a horticultural practice to maintain the health of an individual tree; To manually remove invasive or noxious vegetation; and To establish up to 500 square feet of vegetation in the Buffer if required for development activities located outside the Buffer per Section (f) above. An application for a Simplified Buffer Management Plan includes the following minimum information: For activities in subsection (1)(a) through (1)(f): A brief statement describing the activity, how it will be accomplished (i.e. chainsaw, hand removal, etc.), and the anticipated date of the work; Proposed mitigation; Proposed mitigation planting date; and Signature of the responsible party. For establishment of up to 1,000 square feet of vegetation in the Buffer a plan showing the proposed species type, the quantity of plants, the size of plants, and the stock type that is proposed for installation. Standard Buffer Management Plan. A Standard Buffer Management Plan is required for development activities described in Section (j) above that exceed the limitations for Simplified Buffer Management Plans. The requirements for a standard Buffer Management Plan may be shown on a conservation plan or on a separate plan if a conservation plan is not required. Standard Buffer Management Plans are approved by the Planning Director or the Director's designee. A Standard Buffer Management Plan must include all of the following information: A plan that shows the limit of disturbance, the total number and size of trees removed, if applicable, and the arrangement of the proposed planting; A landscape schedule showing the proposed species type, the quantity of plants, the size of plants, and the stock type that is proposed for installation; For planting requirements that do not exceed 5,000 square feet: The anticipated planting date; A maintenance plan that includes: Practices to control invasive species and pests and minimize herbivory; The signature of a responsible party; Provisions for monitoring and reinforcement planting if survival rates fall below those required in this Subtitle; A signature that confirms the review and approval of the maintenance plan by the Planning Director or the Director's designee. A statement that grants permission to DPW&T and M-NCPPC to enter the property to inspect the plantings at appropriate times. For planting requirements that exceeds 5,000 square feet: The anticipated planting date, which for establishment shall be prior to issuance of any permit; A maintenance plan that includes: Provisions necessary to ensure the survival of the planting; Practices to control invasive species and pests and minimize herbivory; The signature of a responsible party; Provisions for monitoring and reinforcement planting if survival rates fall below those required in 5B-119(g); and A signature that confirms the review and approval of the maintenance plan by the Planning Director or the Director's designee. A statement that grants permission to DPW&T and M-NCPPC to enter the property to inspect the plantings at appropriate times. A long-term protection plan that includes: Deed restrictions, plat notes, easements, or other agreements required by the County to ensure the protection of Buffer vegetation in accordance with the provisions of this section; The signature of the property owner or developer; Evidence of financial assurance accepted by the local jurisdiction before final approval of a subdivision or site plan that covers the planting and survivability requirement; Provisions for monitoring and reinforcement planting if survival rates fall below those required in this Chapter; and A signature that confirms the review and approval of the maintenance plan by the Planning Director or the Director's designee. Upon Subdivision Approval. Prior to final plat recordation, an applicant shall: Post permanent signs delineating the upland boundary of the Buffer at a ratio of at least one sign per lot or per 200 linear feet of shoreline, whichever is applicable; Provide evidence that the signs have been installed; and Each sign required under paragraph (A) of this subsection shall: Be at least 11 inches in width and 15 inches in height; Be placed at a height of 4.5 feet, but not attached to a tree; and Clearly state "Critical Area Buffer - No clearing or disturbance permitted". The final plat shall delineate a conservation easement for the Buffer. Prohibitions. The Planning Board may not grant a variance to the planting and mitigation standards described in this subtitle. DER may not issue a final use and occupancy permit to an applicant for a permit listed under subsection (j)(2) unless the applicant: Completes the implementation of a Buffer Management Plan; or Provides financial assurance to cover the costs for: Materials and installation; and Long-term survivability in accordance with the requirements of subsection (l)(l)(D) above. Fees-In-Lieu of Buffer Mitigation. If the planting requirements set forth in sections (f), (g)(2) through (4)and (h) of this chapter cannot be met, DPW&T shall collect a fee-in-lieu of mitigation in accordance with the following standards and Section 5B-119(d): Fee-in-lieu monies shall be collected and held in a separate account; Fee-in-lieu shall be assessed at $1.50 per square foot of required Buffer mitigation; A portion of fee-in-lieu money can be used for management and administrative costs; however, this cannot exceed 20% of the fees collected; and Fee-in-lieu monies shall be used as follows: To establish the Buffer on sites where planting is not a condition of development or redevelopment; For water quality and habitat enhancement projects as described in an agreement between DPW&T, M-NCPPC and the Commission. Shore Erosion Control Projects. Shore erosion control measures are permitted activities within the Buffer in accordance with the following requirements: An applicant for a shore erosion control project that affects the Buffer in any way, including, but not limited to access, vegetation removal and pruning, or backfilling shall submit a Buffer Management Plan in accordance with the requirements of this chapter; and Comply fully with all of the policies and criteria for a shore erosion control project stated in COMAR 27.01.04 and COMAR 26.24.06.01. Agriculture in the Buffer. Agricultural activities within the Buffer are subject to the limitations and standards of 5B-102.

Identification. Nontidal wetlands shall be delineated in the field according to the Federal Manual. The applicant shall be responsible for ensuring that nontidal wetlands are accurately identified and delineated on all plan submittals. Functions of nontidal wetlands: Removal or reduction of sediments, nutrients, and potentially harmful or toxic substances in runoff entering the Bay and its tributaries; Control, infiltration, and absorption of floodwaters associated with extreme high tides and storm events; Minimize the adverse effects of human activities on waterways and aquatic resources; Maintain an area of transitional habitat between aquatic and upland communities; Maintain the natural environment of streams; Provide wildlife habitat for wetland species. Standards for non-tidal wetland protection. In addition to the standards set forth in this Subtitle for protection of the Buffer and expansion of the Buffer for nontidal wetlands, development activity affecting nontidal wetlands shall comply with the following standards: New development activity is prohibited in nontidal wetlands unless the development activity is water dependent and requires access to a nontidal wetland as a central element of its basic function, or is not water dependent, and has no practicable alternative; A 25-foot buffer shall be established around all nontidal wetlands. A 100-foot-wide buffer shall be established around all wetlands of special state concern. Development activities or other activities that may disturb the wetlands or the wildlife contained therein, shall be prohibited unless it can be shown that these activities will not adversely affect the wetland. This requirement is not intended to restrict the grazing of livestock in these wetlands; The hydrologic regime and water quality of identified nontidal wetlands shall be protected by providing that development activities or other land disturbances in the drainage area of the wetlands shall minimize alterations to the surface or subsurface flow of water into and from the wetlands and not cause impairment of the water quality or the plant and wildlife and habitat value of the wetland; New development activity will first avoid and then minimize adverse impacts to the nontidal wetland based on consideration of existing topography, vegetation, fish and wildlife resources, and hydrological conditions; New development activity affecting nontidal wetlands must be designed so that it does not cause or contribute to a degradation of ground waters or surface waters; and Development activity permitted in accordance with these standards must be consistent with any comprehensive watershed management plan developed or approved by the Department under Environment Article, §5-908, Annotated Code of Maryland. Review process. Applicants for approval of development projects that involve disturbance or alteration to nontidal wetlands or the 25-foot buffer shall require a variance and shall demonstrate: That proposed impacts are unavoidable; That alternative proposals were evaluated; and That mitigation measures will be provided. Mitigation measures shall provide water quality benefits and plant and wildlife habitat equivalent to those of the wetland destroyed or altered and shall be accomplished, to the extent possible, on site or near the affected wetland.

Habitat Protection Area Functions: Protect threatened and endangered species, those species in need of conservation and their habitats, which occur in the Critical Area; Conserve wildlife habitat in the Critical Area; Protect those wildlife habitats that tend to be least abundant or which may become so in the future if current land-use trends continue; Protect those wildlife habitat types which are required to support the continued present of various species; Protect those wildlife habitat types and plant communities which are determined by the County to be of local significance; and Protect Natural Heritage Areas. Habitat Protection Areas Identified. An applicant shall request review by the Department of Natural Resources Wildlife and Heritage Service (DNR-WHS) to identify the habitats listed below and provide copy of the review as evidence with the Conservation Plan, including; Threatened or endangered species or species in need of conservation, Colonial water bird nesting sites; Historic waterfowl staging and concentration areas in tidal waters, tributary streams or tidal and non-tidal wetlands; Existing riparian forests (example: relatively mature forests of at least 300 feet in width which occur adjacent to streams, wetlands, or the bay shoreline and which are documented breeding areas); Forest areas utilized as breeding areas by forest interior dwelling birds and other wildlife species); Other areas which may, in the future, be identified by the State and Federal agencies as important plant and wildlife habitat areas; Other plant and wildlife habitats determined to be of local significance; and Natural Heritage Areas which have been designated based on consultation with the (DNR WHS). If any habitats are identified on a project site, the applicant shall be responsible for including measures on the Conservation Plan that protects and conserves the species and habitats identified as recommended by DNR WHS adequate to provide for long-term conservation and can be implemented on the specific site. The M-NCPPC, in consultation with appropriate State and/or Federal agencies and in consultation with local agencies will verify that the ecological and areal requirements of the species of habitat are adequate for protection. Standards. The following standards shall apply to the Conservation Plan for the habitats listed above: Any development or significant land use change of property which may contain plant or wildlife habitat areas listed above will require a site specific survey. The survey shall be submitted along with design plans and a written description of the measures the property owner proposes to take to protect the habitats identified. The site survey will be based on an evaluation zone created around each known site of a rare, threatened or endangered species in which new development activities or other disturbances shall be prohibited unless it can be shown that the activities will not have or cause adverse impacts on the species. In the case of bird and mammal species, this evaluation zone shall be a two thousand (2,000) foot radius. In the case of other wildlife species, this evaluation zone shall be a two hundred (200) foot radius. In the case of fish species, this evaluation zone shall include all contiguous waters within two thousand (2,000) feet and the specified buffers. In the case of plant species, this evaluation zone shall be a two hundred (200) foot radius. In the case of Natural Heritage Areas, this evaluation zone shall be set by boundary of the Natural Heritage Area. For development activities in L-D-O and R-C-O, Conservation Plans shall establish wildlife corridors to be used to connect areas left in forest cover with any large forest tracts which are located outside of the area of the property being developed or subdivided. The area left in forest cover (at least 70 percent of the tract in L-D-Os or R-C-Os as required by this Subtitle) shall be adjacent to larger forest, not left as an isolated island of trees. Planting required as a mitigation measure shall also be adjacent to other habitat. New water-dependent facilities shall be located to prevent disturbance to sites of significance to wildlife such as historic, aquatic staging and concentration areas for waterfowl. The following restrictions apply to Water Dependent Facilities: Unless unavoidable, as determined by the Planning Board, new water dependent facilities shall not be placed within or adjacent to waterfowl conservation areas. If a new facility must be placed, its use shall be limited to the extent practicable during the period from November through March to avoid waterfowl disturbance. Protection measures, including a buffer area, shall be established where appropriate, for other plant and wildlife habitat sites identified in this Subtitle. Forested areas required to support wildlife species identified as threatened and endangered, or in need of conservation, shall be protected and conserved by developing management programs which have as their objective, conserving the wildlife that inhabit or use the areas. Development activities, or the clearing or cutting of trees which might occur in the areas, shall be conducted so as to conserve riparian habitat, forest interior wildlife species and their habitat. Management measures may include incorporating appropriate wildlife protection elements into Timber Harvest Plans, Forest Management Plans, cluster zoning or other site design criteria which provide for the conservation of wildlife habitat. Measures may also include Soil Conservation Plans which have wildlife habitat protection provisions appropriate to the areas defined above, and incentive programs which use the acquisition of easements and other similar techniques. The following specific standards also apply: Bald Eagle Protection Standards. A three-zone protection area of one-quarter (1/4) mile (1,320') in radius around each Bald Eagle nest shall be established and the Conservation Plan shall include the following recommended protection measures: Zone 1 shall include the area extending from the nest out to a radius of three hundred-thirty (330) feet from the nest. In this zone, timber cutting, land clearing and development activities are prohibited. Hiking, fishing and agricultural activities may be permitted from June 16 to December 14. These activities and human activities in general should not be permitted in this zone from December 15 to June 15. Zone 2 extends from the outer limit of Zone 1 to a radius of six hundred-sixty (660) feet from the nest. In this zone, major habitat changes should be avoided, including clear-cutting, land clearing and development activity. Hunting, hiking, fishing and agricultural activities may be permitted from June 16 to December 14. These activities and human activity in general should not be permitted in this zone from December 15 to June 15. Agricultural activities may be permitted if Department of Natural Resources data indicate that the nesting eagles are tolerant of these activities. From August 16 to November 14, selective thinning and maintenance of timber stands and building and road maintenance may be permitted. Zone 3 extends from the outer limit of Zone 2 to a radius of one thousand three hundred-twenty (1,320) feet from the nest. Timber cutting, land clearing and development activities should be restricted from December 15 to June 15. Other activities in this zone that are within sight of the eagles on the nest may need to be restricted during this time period in accordance with the Department of Natural Resources' recommendations. If a Bald Eagle nest has not been used for three successive nesting seasons, any protective regulations applied to the specific site may be removed after verification by the Department of Natural Resources that the nest has been abandoned. Forest Interior Dwelling Species Protection Standards. When proposing development activities within riparian forests or forest areas utilized as breeding areas by forest interior dwelling birds, applicants shall follow the guidance found in the Critical Area Commission publication entitled, A Guide to the Conservation of Forest Interior Dwelling Birds in the Chesapeake Bay Critical Area, dated June 2000, and as may be subsequently amended. In addition, the Department of Natural Resources may make specific recommendations based on an evaluation of the site and the proposed development. The following (BMPs) (BMPs) shall apply to Forests with Interior Dwelling Bird Species: Minimize disturbance during the May-August breeding season (i.e. from off-road vehicles, intensive public use, or logging). Focus the development or disturbance on the periphery of the area (i.e. roads, utility line corridors, structures). Retain the contiguous cover of branches and foliage formed by the crowns of adjacent trees and shrubs underneath the canopy (e.g. understory vegetation). Retain standing dead trees (e.g. snag trees) which serve as bird nesting and feeding habitat. Discourage creation of small clearings and disproportionate expansion of forest edge habitat. If a forest area is temporarily cleared, it shall be allowed to return to native forest vegetation. Timber harvesting techniques to maintain or improve habitat for forest interior dwelling bird species shall be used. Colonial Water Bird Nesting Sites Protection Standards. Buffer areas for colonial water bird (heron, egret, tern, and glossy ibis) nesting sites shall be established (if such birds are found to exist in the Critical Area) so that these sites are protected from the adverse impacts of development activities and from disturbance during the breeding season. In designated colonial waterbird nesting sites, the following guidelines shall apply: A large enough buffer shall be maintained so that a person walking the perimeter will not cause disturbance. This buffer shall be a minimum of 200 feet. Access to the buffer shall be prohibited during the nest building and incubation periods, from February through April. During February through April, noise shall be minimized in areas adjacent to the buffer. Use of chain saws and large grading machinery such as bulldozers shall be prohibited. The use of agricultural equipment may be exempted. Natural Heritage Area Protection Standards. Natural Heritage Areas shall be protected from alterations due to development activities or cutting or clearing so that the structure and species composition of the areas are maintained. The following areas within the Critical Area of the County are officially identified and designated as Natural Heritage Areas: Patuxent Marshes Magruder's Landing Development activities or cutting and clearing in Natural Heritage Areas shall be prohibited unless an analysis is performed and measures proposed to mitigate any adverse impacts of the proposed activities. The analysis and mitigation measures shall be prepared by qualified professionals (e.g. ornithologists, zoologists, environmental engineers and planners) at the expense of the applicant and shall address the expected effects on the natural environment within the Natural Heritage Area. The analysis shall be submitted to M-NCPPC which will then submit it to the State Department of Natural Resources for review and comment. Upon receiving said comment and, if appropriate, upon seeking the advice of expert consultants, M-NCPPC shall find against or in favor of the activities or may make suggestions for changing the analysis and ask the applicant to resubmit the analysis. The initial review between M-NCPPC and State Department of Natural Resources should be completed within sixty (60) days from submission. Anadromous Fish Propagation Waters. Within anadromous fish propagation watersheds, the following measures are required: The installation or introduction of concrete riprap or other artificial surfaces onto the bottom of natural streams shall be prohibited unless it can be demonstrated that water quality and fisheries habitat can be improved. Channelization or other physical alterations which may change the course or circulation of a stream and thereby interfere with the movement of fish, shall be prohibited. Each development activity that occurs within a watershed draining to anadromous fish propagation waters shall fulfill the following objectives: Minimize development activities or land disturbances within the watershed; Maintain, or if practicable, improve water quality in affected streams or other water bodies; Minimize to the extent possible the discharge of sediments into affected streams or other water bodies; Maintain, or if practicable, increase the natural or native vegetation of the watershed and tree canopy over the streams; Each development activity shall ensure coordination and compliance with complementary State laws and regulations: Prohibit the construction or placement of dams or other structures that would interfere with or prevent the movement of spawning fish or larval forms in streams or other designated water bodies. If practical, existing structures shall be removed; and Ensure that the construction, repair or maintenance activities associated with bridges, or other stream crossing or with utilities and roads, which involve disturbance within the buffer or which occur in-stream, as described in COMAR 08.05.03.11B(5), shall be prohibited between March 1 and June 15 of each year. Habitat Protection Plans. If impacts are proposed to any of the habitat protection areas identified in Section 5B-123, a Habitat Protection Plan shall be developed and implemented as part of the approved Conservation Plan. The following process shall be used to address the ecological requirements of the species or habitat: A management program and area of designation shall be shown on the Conservation Plan. The Environmental Planning Section of M-NCPPC, in consultation with appropriate state and/or federal agencies and in consultation with other county agencies, shall verify that the ecological and areal requirements are adequate for protection of the species in question. Revisions to the Habitat Protection Plan may be required to reflect the comments of the reviewing agencies. Management programs and areal designation of Habitat Protection Areas shall be incorporated into pending or future Conservation Plans and shall be in conformance with the requirements for preservation and mitigation as described in the plan. The provisions of the Habitat Protection Plan shall be reflected on the Conservation Agreement.

Purpose. The alteration of the natural landscape and the use of structural devices to protect the shoreline from erosion can result in a significant disturbance to the aquatic environment and increase erosion downstream. This section for limits the use of structural erosion control devices to only those areas where major erosion problems exist and where living shorelines or nonstructural erosion control measures are not practical or effective. In general, improvements to protect a person's property against erosion shall consist of nonstructural measures that preserve the natural environment, such as marsh creation, maintenance of buffer zones, and the establishment of natural barriers to prevent intrusion on fragile, vegetated shorelines are encouraged. The criteria set forth in this section are not intended to apply to those structures necessarily associated with Water-dependent Facilities as discussed in Section 5B-118. Permits and Approvals Required. A grading permit or building permit is required for all shoreline erosion control activities. An approved Conservation Plan is required prior to the issuance of any permit. M-NCPPC, DPW&T and, as necessary, DER shall sign off on all permits associated with shore erosion protection projects. Standards for erosion protection. Each application for shore erosion protection shall meet the following standards: Structural control measures shall only be used in areas where appreciable erosion has occurred and where non-structural measures would not be practical or effective in controlling erosion as mapped by the Maryland Department of the Environment or otherwise approved by the Maryland Department of the Environment through the waiver process. Where structural erosion control is required, the measure that best provides for conservation of plant, fish, and wildlife habitat and that is practical and effective shall be used. Living shorelines and non-structural measures shall be utilized in areas of erosion where they would be a practical and effective method of erosion control. Structural erosion measures shall not be permitted in areas where no significant erosion occurs. If significant alterations in the characteristics of a shoreline occur, the measure that best fits the change may be used for sites in that area. Shoreline changes. Storms and other natural events may change current shoreline erosion patterns. As a result, an individual may use the Maryland Department of the Environment (MDE) waiver process to request the use of a structural erosion control device in an area that is not currently designated for structural controls. An MDE waiver request shall be submitted to the Director and must be accompanied by documentation that identifies the specific location of the site to be protected and describes the event or events that led to the change in the erosion pattern. Notification of such a request shall be sent to MDE and M-NCPPC for review and comment prior to approval. Process. When reviewing a conservation plan for structural erosion control devices, the application shall be referred to the Soil Conservation District for field verification of the need for structural erosion control as well as for recommendations on proposed erosion control mechanisms. Any application for the installation of an erosion control device must, at a minimum, include the following information: Photographs of the erosion problem; The specific location of the site indicated on a 7 ½ Minute USGS Topographic Quadrangle Map; Soil type and erodibility; A copy of the proposed Conservation Plan; and The proposed and existing land use. Applications must include either a copy of the application for authorization from the Maryland Department of the Environment and the U.S. Army Corps of Engineers or an approved authorization. An approved authorization does not prohibit the Director from denying or modifying the application to the County prior to permit approval. Mitigation. Most shore erosion control projects involve disturbance to the shoreline and the Buffer. Mitigation shall be provided for disturbance in accordance with the provisions of Section 5B-119. Shore erosion control projects that are installed completely from the water and involve only offshore measures, such as breakwaters, may not require mitigation if the applicant demonstrates that the construction does not affect the Buffer.

The County Council finds that: child care capacity in the County has been declining in recent years, down five percent (5%) between 2022 and 2025; the cost of child care in the County has been increasing, going up over 20% between 2017 and 2025 duplicative State and County inspection requirements can prove challenging for operators of child care programs and before and after-school care programs, delaying or preventing the addition of new child care capacity in the County; public buildings can efficiently provide desirable and affordable locations for child care programs and after-school care programs; early childhood education in child care is critical in fostering holistic development, establishing a foundation for lifelong learning, and nurturing essential social, emotional, and cognitive skills before kindergarten; access to affordable child care boosts local economic stability by enabling parents to join or remain in the workforce, supports healthy childhood development and school readiness while reducing family stress; and County investment in expanding the availability of child care will yield high returns through increased productivity and future economic contributions.

As used in and for the purposes of this Subdivision, the following words and phrases shall have the meanings assigned to them herein: Before and after-school care program means an operation that provides care before and after, or before or after, the customary school day and during school holidays, for at least two hours a day, three days a week, to children who attend prekindergarten through grade six. Child means an individual who is younger than 13 years old who is not disabled, or an individual younger than 19 years old who is disabled. Child care. Child care means the care or supervision of a child that is approved, licensed or license-exempt under Maryland law by an individual other than the parent, stepparent, guardian, or caretaker for less than a 24-hour day and for which compensation is paid. Child care does not mean: group lessons or classes providing specialized training in a specific subject, unless provided in a pattern indicating that a child care facility is being operated or that custodial supervision of children is being provided in addition to the specialized training; scouting, sports, or youth club activities; school-age recreational or supplementary education programs operated by a nonpublic school, if custodial supervision is not the primary purpose of the program; supervisory services to children provided by a church, health club, health provider, or similar sponsor in support of an occasional or intermittent parental activity or service offered by the sponsor while parents are on the same premises as the services to children and are immediately available to the children; or programs primarily designed for the religious training of children, provided on a weekly basis or for a short period in the summer, commonly known as Sunday schools or Bible schools. Child care center means a facility providing child care that is: Licensed pursuant to COMAR 13A.16; Operated under a letter of compliance issued pursuant to COMAR 13A.17; Licensed by any branch of the military under applicable military child care Child care program means: a child care center; or a family child care home. Eligible child care expenses means expenses for receiving child care within a child care center or family child care home located in Prince George's County; Department means the Department of Social Services. Family. Family means the family unit consisting of: One or more adults and children, related by blood, marriage, adoption, or legal guardianship, and residing in the same household; or Adults with physical custody of a child, related or unrelated, who are residing in the same household. Family includes unrelated adults with children in common who reside together, whether either has other children residing in the household. Family does not include: Unrelated adults with no children in common residing together; or Related adults, other than spouses, residing together. Family Child Care Home. Family child care home means a residence, other than the home of the child for whom CCS is requested, in which family child care is provided. Family child care home includes a: Family child care home registered to operate pursuant to COMAR 13A.15 or applicable military child care regulations; or Large family child care home registered to operate pursuant to COMAR 13A.18.

The County Executive shall designate a Child Care Navigator within the Department of Social Services to: assist child care providers with matters related to licensing and inspection of facilities used for child care programs in the County; promote coordination and collaboration among County agencies and departments to expand child care opportunities throughout the County; serve as a liaison between County government and the public on child care-related issues; prepare and maintain the inventory of County properties suitable for use as child care established in Section 5A-105; and prepare a Strategic Plan for Child Care that includes: specific goals and implementation strategies for improving early childhood services and child care provider assistance and counseling; planning for new child care services in public space, including in County property, public school projects, and Parks and Recreation facilities; planning for expansion of child care space through public-private partnerships; research on the supply, demand, and affordability of child care throughout the County; a plan to improve kindergarten readiness for children through enhanced early care and education services. Annual report. By February 1 each year, the Officer must submit to the County Council and County Executive an annual report on: the Navigator's activities, accomplishments, plans, and objectives; and steps taken to implement the Strategic Plan for Child Care, Early Care, and Education in the preceding year.

The Child Care Navigator shall: coordinate with the appropriate County agencies and other public entities in the County to facilitate the use of County-owned buildings and other public facilities, including but not limited to schools, recreation centers, libraries, and community centers, for child care programs and before and after school care programs; develop standardized memoranda-of-understanding (MOUs) to allow child care programs and before and after school care programs to operate in County facilities without site-by-site negotiation; and work with the Department of Permitting, Inspections, and Enforcement to ensure a streamlined inspection process for operators of child care programs and before and after school care programs operating in public spaces.

The Child Care Navigator shall compile and maintain an inventory of County-owned or controlled property that is determined to be suitable for use as child care. The suitability of property for use as child care shall be evaluated based on: local availability of and demand for child care in the area of the project; and the compatibility of child care with existing uses of the property; the condition and accessibility of the property; the cost associated with any modifications to the property necessary for use as child care; conformity of child care facilities to applicable zoning and land use plans; and any additional criteria deemed useful in making the assessment. The inventory shall be updated annually.

For each applicable capital project in the Capital Improvement Program (CIP) during facility planning, the Office of Management and Budget shall include in or transmit with the CIP an analysis of: the feasibility of including child care facilities in the project; and what capital or operating budget modifications, if any, would be needed to include child care facilities in the project. The child care analysis submitted by the Office of Management and Budget should discuss at least the following issues related to the capital project: compatibility of child care with the underlying project; local availability of and demand for child care in the area of the project; and conformity of child care facilities to applicable zoning and land use plans. Each child care analysis under this Section should assign highest priority to the provisions of high quality child care in areas where the provision of child care may not otherwise be financially feasible due to large numbers of low-income parents and the resulting need for significant subsidies. As used in this section, applicable capital project means any proposed building project administered by the Office of Central Services. In performing its analysis, the Office of Management and Budget should consult the Department of Health, the Department of Social Services, the Department of Family Services, the Planning Board, and any other County department or agency with expertise in child care. The Council may in the annual budget ordinance exempt from this Section a capital project or category of capital projects which by their nature do not require child care analysis.

There is established a Child Care Facilities Grant Program. The purpose of the program is to increase the amount of licensed child care services in Prince George's County provided at reasonable costs. Operators of child care centers or family child care homes may receive financial assistance from the Program if the funds will: increase the number of children served; help a center or home begin operation; or keep in operation a center or home that otherwise is likely to stop operating.

Centers and homes operated for profit are eligible for assistance under the Program. Highest priority shall be given to grants to centers or homes that serve significant percentages of low-income children or children with disabilities. The recipient of any grant must agree to provide child care services in the County, to an extent or in an amount agreed to and set in the grant documents, for at least three years following the disbursement of grant funds.

All grant funds must be used for capital improvements that are needed to: establish, or increase the capacity of, the center or home; or meet licensing, zoning, building, or other government-imposed requirements. Eligible capital improvements include: buying land or a building; building, repairing or renovating all or part of a building; buying furniture or equipment with a useful life of at least 3 years; and fees for architects, engineers, accountants, lawyers or other professional services needed to buy, build, repair or renovate a building.

The amount of grants made to any single family child care home must not exceed $10,000. A grant made under the Program may supplement a loan or grant made or guaranteed under any other government program.

The Program shall be administered by an agency designated by the Chief Administrative Officer. The Chief Administrative Officer, or their designee, shall adopt procedures for the administration of the Program. These procedures shall include: grant standards and priorities; application procedures, and ways to document need; procedures for referring applicants to other sources of funds, and for cooperating with other public and private sources of funds; procedures to request reconsideration any denial of a grant; and procedures for recovering grant funds upon a grantee's failure to: demonstrate that funds were used for the purposes set forth in Section 5C-109; or operate a licensed child care facility in the County for at least three (3) years following the disbursement of grant funds. The Chief Administrative Officer or their designee shall provide technical assistance to family child care home providers on the financial aspects of operating a child care business, including basic accounting and securing financial assistance. A Program report shall be included in the quarterly report to Council required under section 10-288(f), including: the names and locations of Program grant recipients; the uses of the grant funds; and the number of additional children served.

Early Start Child Care Scholarship Program Established. Subject to the allocation of funding, families who qualify and are approved in accordance with the requirements of Subsection (b), below, shall receive a child care scholarship as prescribed in Subsection (c), below, for eligible child care expenses. Program Requirements. Income eligibility. A family shall only be eligible to receive a child care scholarship authorized by this Division to compensate for eligible child care expenses if the family has a household income of less than 30% of the median family income for the Washington-Arlington-Alexandria, DC-VA-MD-WV Metropolitan Area, as published annually by the U.S. Department of Housing and Urban Development. Child eligibility. A child for which a family receives a child care scholarship shall be no older than 3 years of age. A family is only eligible to receive a child care scholarship for a maximum of two children per household. Application and approval. A family shall only be eligible to receive a child care scholarship to compensate for eligible child care expenses if the family successfully completes an application process prescribed by the Department for a child care scholarship for the child for which the family is incurring or will incur eligible child care expenses. Administration. The Early Start Child Care Scholarship Program shall be administered by the Department and disbursements shall be made by the Office of Finance in accordance with regulations prescribed by the Department and approved by the County Council as set forth in Subsection (d), below. Early Start Child Care Scholarship. The Prince George's County Early Start Child Care Scholarship Fund is hereby established as a nonlapsing fund that shall not revert to the County fund balance at the end of each fiscal year and shall solely be used for the purpose of awarding child care scholarships to eligible families for eligible child care expenses pursuant to this Division. Scholarship amount determination and duration. Each child care scholarship award shall be for the duration of a 12-month period and must be applied for annually. The maximum 12-month amount per child that the Department is authorized to award for a child care scholarship authorized by this Division is $3000 per child. The precise amount of each award shall be determined in accordance with a formula established by the Department and prescribed in regulations authorized and mandated pursuant to Subsection (d), below. The award determination of child care scholarships shall be based on a need-based scale of higher amounts awarded to families with lower proportionate median household income levels. Regulations Authorized, Mandatory. The Department shall propose regulations that implement this Division no later than September 1, 2026 for approval or modification by resolution of the County Council, provided such regulations are not inconsistent with this Division. Such regulations may be modified from time to time by proposal of the Department subject to approval or modification by Council resolution. Reporting. By August 31 of each year, the Department, in coordination with the Office of Finance, shall provide an annual written summary to the County Executive and County Council on the progress of the Early Start Child Care Scholarship Program for the previous fiscal year, including, but not limited to including, non-individual aggregate data on scholarship expenditures, administrative costs, and recommended policy improvements.

Definitions. In this Section, the following words have the following meanings: Child care provider means a person or entity licensed by the State of Maryland to provide childcare services, including before- and/or after-school care services, and who operates within Prince George's County. Enrollment contract means any written agreement between a child care provider and a parent governing the provision of child care services in exchange for tuition or fees that includes a provision for penalties or other payment beyond that for services rendered in the event of early withdrawal or termination. Hardship event means one of the following events affecting a parent of a child enrolled under the enrollment contract: Involuntary employment loss; Death; or Deportation or removal from the United States pursuant to federal immigration proceedings. Legal guardian means a person legally authorized to make decisions for a minor child, including a court-appointed guardian or other individual with lawful custodial responsibility. Parent means the biological or adoptive parent or the legal guardian or custodian of a child. Penalty means any early termination fee, forfeiture of prepaid tuition for future services not yet rendered, or liquidated damages beyond a reasonable notice period as provided in this Section. Financial Hardship Withdrawal Provision Required. Each child care provider operating within Prince George's County shall include in any enrollment contract executed on or after the effective date of this Section a hardship withdrawal provision permitting termination of the contract by a parent of an enrolled child without penalty upon the occurrence of a hardship event. The hardship withdrawal provision may only require: Written notice not exceeding thirty (30) calendar days prior to withdrawal; and Documentation establishing that a hardship event has occurred. Acceptable documentation of a hardship event shall include, but is not limited to: a termination notice from an employer or documentation of unemployment insurance eligibility; a death certificate or comparable verification of death; or official documentation demonstrating the outcome of deportation or removal proceedings. Upon establishment that a hardship event has occurred, a child care provider may do the following: retain payment for services rendered prior to the effective date of withdrawal; require payment for services provided during the notice period; provided that: a child care provider may not impose any additional financial consequence, penalty, or fee solely due to termination from the exercise of a hardship withdrawal provision. Scope. This Section applies only to private-pay enrollment contracts and does not alter or supersede: any State of Maryland licensing requirement; any contractual term required by the Maryland State Department of Education; or any federal or state-funded child care subsidy agreement. This Section shall be construed as a consumer protection measure regulating contract terms and not as a licensing or operational requirement. Nothing in this Section shall be interpreted to impair obligations under contracts executed prior to the effective date of this Section. Enforcement. A violation of this Subtitle shall constitute an unfair, abusive, or deceptive trade practice under the County's consumer protection laws. The Prince George's County Office of Human Rights is authorized to: investigate complaints of violations of this Section; issue civil citations; impose civil fines not exceeding $1,000 per violation; and promulgate regulations to implement, clarify, and administer this Section, subject to approval by Resolution of the County Council. The County Attorney is authorized to seek injunctive relief to enforce compliance. The Office of Human Rights shall conduct the necessary outreach to ensure that child care providers are aware of the requirements of this Section.

The intent of this Subtitle is to provide for the preparation and carrying out of plans for the mitigation of, preparation for, response to and recovery from disasters and major emergencies for the emergency management of persons and property within the County in the event of an enemy attack, sabotage or other hostile action, or from fire, flood, earthquake, hurricane, or other natural causes, and to provide for the coordination of the emergency management functions of the County with all public agencies and their various departments, with other Counties, cities and political subdivisions, and with private agencies, organizations, persons and corporations of every type to insure the complete and efficient utilization of all facilities available to combat any disaster or emergency. The Office of Emergency Management created by this Subtitle shall be the coordinating agency for all activity of the emergency management program, and during a period of attack, terrorist act or natural disaster it will act as the instrument through which the County Executive may exercise the authority and discharge the responsibilities vested in him by this Subtitle. This Subtitle shall not relieve any County department of the normal responsibilities of authority ascribed to it, nor will it adversely affect the work of the American Red Cross or other volunteer agencies dedicated to disaster relief activities.

As used in this Subtitle: Attack shall mean a direct assault against the County by the forces of a hostile nation or the agents thereof, including assault by bombing, chemical or biological warfare, terrorist act or sabotage. Curfew shall mean a prohibition against a person walking, running, standing or motoring upon any alley, street, highway, public property or vacant premises within the County, excepting persons officially designated to duty relating to the civil emergency and those persons who are in public places by reason of their employment or a private emergency involving health, safety or protection of property. Director shall mean the Director of the Office of Emergency Management, as executive head of the Office of Emergency Management, or a Deputy Director duly appointed and acting for the Director in accordance with the provisions of this Subtitle. Emergency shall mean: A riot or unlawful assembly characterized by the use of actual force or violence or a threat to use force if accompanied by immediate power to execute by two (2) or more persons acting together without authority of law. Any man-made calamity within the County resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare. Natural disasters, as defined below. Emergency management shall mean the preparation for and the carrying out of all emergency functions, other than functions for which military forces or other Federal agencies are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by enemy attack, sabotage or other hostile action, or by fire, flood or other causes. These functions include, but are not limited to, firefighting services, police services, medical and health services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare service, civilian aid service, emergency transportation, plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for carrying out of the foregoing functions. Emergency management forces shall mean the employees, equipment and facilities of all County departments, boards, institutions and commissions suitable for, or adaptable to, emergency management activity and designated by the County Executive to participate in the emergency management activity. In addition, it shall include all volunteer personnel, equipment and facilities contributed by, or obtained from volunteer persons or agencies. Emergency management volunteer shall mean any person duly registered and appointed by the Director and assigned to participate in the emergency management activity. Natural disaster shall mean any condition seriously affecting or threatening public health, welfare or security as a result of severe fire, explosion, flood, tornado, hurricane or similar natural or accidental cause and which is beyond the control of public or private agencies ordinarily responsible for the control or relief of such conditions. This does not include riots, strikes, insurrection or civil disturbances. Volunteer shall mean contributing service, equipment or facilities to the Office of Emergency Management without remuneration or without formal agreement or contract of hire.

If, by reason of any military or warlike catastrophe, there are conditions of serious human suffering, death, personal injury, and property damage, or any of these conditions in the County, and the Governor of Maryland for this reason officially has proclaimed part or all of the County to be within an emergency area, actual or threatened, the County Council has such authority as set forth by Section 35 of Article 16A of the Annotated Code of Maryland as amended from time to time.

The County Executive may exercise the emergency power and authority as specified in this Subtitle. Under the following circumstances, the County Executive may assemble and utilize the emergency management forces and may prescribe the manner and condition of their use: Whenever, on the basis of information received from authoritative sources, the County Executive feels that an attack in the County or an emergency is impending or imminent; During any period of attack or emergency in the County, and thereafter so long as the County Executive deems it necessary. During any period when attack or emergency in the County is imminent or when the County has been subjected to attack or emergency, the County Executive may promulgate such reasonable regulations as he deems necessary to protect life and property and preserve critical resources. Such regulations may include, but shall not be limited to, the following: Regulations prohibiting or restricting the movement of vehicles in order to facilitate the mass movement of persons from critical areas of the County; Regulations pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to attack or emergency; Regulations designed to lessen the hazards to property and citizens from attack or emergency. The County Executive shall order emergency management forces to the aid of other communities in accordance with the Statutes of the State. The County Executive may request the State, or political subdivisions of the State, to send aid to the County in case of natural disaster or in case of disaster resulting from attack or emergency when conditions in the County are beyond the control of the local emergency management forces. When obtaining formal approval would result in delay of attack-relief activity, the County Executive may, until the Council convenes, waive procedures and formalities otherwise required pertaining to the performance of public works, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase and distribution of supplies, materials and facilities, and expenditures of existing funds. The Council is also empowered to waive any such procedures and formalities. Whenever the County Executive finds that any condition in the County has attained, or threatens to attain, the proportions of a natural disaster, the County Executive may assemble and utilize emergency management forces and may prescribe the manner and conditions of their use. The County Executive, when deemed in the public interest, may send emergency management forces of the County to the aid of other communities stricken by natural disaster when such disaster is affecting the health, welfare or security of the stricken community; provided, that after the County Council convenes, the further continuance of any such natural disaster relief and the period thereof, shall be subject to the action of the County Council. The County Executive may make regulations permitting the conduct of practice air raid alerts or tests of the Emergency Management Organization. Such regulations shall be filed with the County Council and shall be binding upon the emergency management forces.

Nothing in this Subtitle shall be construed as power or authority to abridge or lessen the legislative and administrative powers of the Council, unless such is specifically granted in this Subtitle.

No person shall have the right to bind the County by contract, agreement or otherwise, without prior and specific approval of the County.

In carrying out the provisions of this Subtitle, the County Executive is authorized to utilize the services, equipment, supplies and facilities of the existing departments, bureaus, offices, commissions, committees, authorities and agencies of the County to the maximum extent practicable. The officers, agents, employees and personnel of all such departments, bureaus, offices, commissions, committees, authorities and agencies of the County shall cooperate with and extend all services and facilities to the County Executive, the Office of Emergency Management and to the Director.

Neither the County nor any of its agencies, agents or representatives engaged in any emergency management activities, while complying with or attempting to comply with the rules and regulations promulgated pursuant to the provisions of this Subtitle, except in cases of willful misconduct, shall be liable for the death or injury to any person or damage to any property, as a result of such activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants the County the right to inspect, designate and use the whole or any part of the premises or real estate for the purpose of sheltering persons during an actual, impending or practice enemy attack or natural disaster shall not be civilly liable for the death or injury to any person on or about the real estate or premises under license, privilege or other permission or for loss of or damage to property of such person. The provisions of this Section shall not affect the right of any person to receive benefits to which he would otherwise be entitled to under this Subtitle, or under the Workmen's Compensation Law, or under any pension law, nor the right of any person to receive any benefits or compensations under any act of Congress.

Whenever the Federal government or the State or any agency or officer thereof, or any person offers to the County or to the Office of Emergency Management any services, equipment, supplies, materials or funds by way of gift, grant or loan for purposes of emergency management and disaster relief, the County, acting through the County Executive may authorize any officer of the County, or the Director or any Deputy Director of the Office of Emergency Management as the case may be, to receive such services, equipment, supplies, materials or funds on behalf of the County, and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer. Such acceptance, however, shall not create any liability on the part of the County, Office of Emergency Management or any officer, agent or employee thereof for failure to comply with the terms of such offer and the rules and regulations, if any, of the agency making the offer.

All emergency management and disaster relief functions of the County shall be coordinated to the maximum extent possible with comparable functions of the State, Federal and local governments, including their various departments and agencies, and with private agencies of every type, to the end that the most effective preparation and use can be made of the County's manpower resources and facilities for dealing with any disaster or emergency that may occur. The Director of the Office of Emergency Management may, subject to the approval of the County Executive and County Council, develop, cause to be developed, or enter into mutual aid agreements for reciprocal emergency management aid and assistance in case of a disaster too great to be dealt with unassisted. The agreements shall be consistent with the Washington Metropolitan Area and State emergency management plans and programs. In case of emergency it shall be the duty of each local organization for emergency management to render assistance in accordance with the mutual aid agreements. The Director of the Office of Emergency Management may, subject to the approval of the Governor, enter into mutual agreements with Emergency Management agencies or organizations in other States for reciprocal emergency aid and assistance in case of a disaster too great to be dealt with unassisted.

The County adopts the Maryland Emergency Management Assistance Compact as set forth in Section 14-803 of the Public Safety Article of the Annotated Code of Maryland, as it may be amended from time to time.

This Subtitle shall not be construed to conflict with any State or Federal Statute or with any military or naval order, rule, or regulation.

No unauthorized person shall operate a siren or other device so as to simulate a blackout signal, air-raid, alert or take-cover signal or the termination of blackout, air-raid, alert or take-cover signal.

No person shall display any identifying emergency management insignia for any purpose other than that for which it was intended, or under circumstances not authorized by the Director of the Office of Emergency Management. No person shall wear or display in any manner any insignia, sign or device purported to be a emergency management insignia, except when such insignia has been duly issued by the Office of Emergency Management and is displayed in accordance with regulations established by the Director of the Office of Emergency Management.

No person shall willfully obstruct, hinder or delay any member of the Office of Emergency Management in the enforcement of any rule or regulation issued pursuant to this Subtitle, or violate any of the rules or regulations issued pursuant to the authority contained in this Subtitle.

The Police Department is authorized and directed to take any necessary action to make effective any order, rule or regulation promulgated under the authority conferred by this Subtitle.

The Emergency Management Organization shall consist of the following: An Office of Emergency Management within the executive body of the County government. There shall be an Executive Head of the Office of Emergency Management, known as the Director of Emergency Management, and such assistants and other persons as are deemed necessary to the proper function of the Organization. The members of the Emergency Management Council. The employees, equipment and facilities of all County departments, boards, institutions and commissions suitable for, or adaptable to, emergency management and designated by the County Executive to participate in the emergency management activity. Duties assigned to a County department shall be analogous to the normal duties of the department. Volunteer persons and agencies offering service to the Organization.

The Emergency Management Organization shall establish, and its officers shall execute and enforce, such order, rules and regulations as may be made by the County Executive or the Director of Emergency Management under the provisions of this Subtitle. Such Organization shall have available for inspection at its office all such orders, rules and regulations.

The Office of the Director of Emergency Management is hereby created. The Director shall be appointed by the Governor pursuant to the provisions of Article 16A, Section 7 of the Annotated Code of Maryland, upon the recommendation of the County Executive. Prior to submission to the Governor, the County Executive shall secure the concurrence of the County Council with his recommendation in the manner set forth in Section 322 of the Charter. The Director shall serve at the pleasure of the County Executive and the County Council. The Director shall be a qualified and competent person experienced in public safety, disaster relief, or similar activities. The Director shall perform the duties imposed upon him by this Chapter and all other duties as delegated by the County Executive.

The Director of Emergency Management shall be responsible for and have general direction and control over the Emergency Management Organization. The Director is authorized and empowered: In accordance with the plan and program for emergency management for the County, to procure or cause to be procured supplies and equipment, to institute or cause to be instituted training programs and public information programs, drills, tabletops, functional and full scale exercises, and to take or cause to be taken all other preparatory steps, including the partial or full mobilization of emergency management organizations in advance of actual war, disaster or emergency to insure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need. To make or cause to be made, such studies and surveys of the industries, resources and facilities in this County and surrounding political subdivisions as may be necessary to ascertain the capabilities of the County for emergency management and to plan for the most efficient emergency use thereof. To coordinate the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the County for emergency management purposes. To conduct public practice alerts to insure the efficient operation of the Emergency Management Organization and to familiarize the citizens with emergency management regulations and procedures. The Director shall notify the County Council in writing prior to any such practice alerts and embody therein the regulations and procedures pertaining thereto. To coordinate the activity of all public and private agencies comprising the Emergency Management Organization, including coordination of planning and purchasing of emergency management equipment and supplies for the County. To negotiate with owners or persons in control of buildings or other property for the use of such buildings for emergency management purposes and designating suitable buildings as public shelters. To assume such authority and conduct such activity as the County Executive may direct to promote and execute the emergency management plan. The Director shall forward to the County Council, the written reports which are provided to the applicable State agencies relating to the progress of the emergency management program and of the regulations and procedures adopted for the protection of the public. To make, amend, and rescind the necessary orders, rules, and regulations within the limits of the authority conferred upon the Director, and with due consideration to the plans of the State and the Federal government, as well as plans of other political subdivisions for emergency management. Upon the declaration by the County Executive, or by the County Council of a state of emergency or the termination thereof, to issue all necessary proclamations as to the existence thereof, and the immediate operational effectiveness of the emergency management plan.

The compensation of the Director of Emergency Management shall be fixed in accordance with the Executive Pay Plan.

The Director of Emergency Management shall be subject to removal from office by the County Executive and County Council for incompetency, neglect of duty or malfeasance in office.

The Director of Emergency Management shall, in accordance with the provisions of the laws relating to civil service, appoint the assistants and other employees of Emergency Management Organization, prescribe their duties. The compensation of these employees shall be fixed in accordance with the County's salary and classification plans.

All officers and employees of the departments, commissions, boards, institutions and other agencies of the County government designated by the County Executive as emergency management forces shall cooperate with the Director in the formulation of the emergency management plan, and shall comply with the orders of the Director of Emergency Management when such orders are issued pursuant to the provisions of this Subtitle. All such emergency management forces shall apprise the Director of conditions in the County resulting from attack, natural disaster or civil emergency, and shall notify the Director of any condition threatening to reach the proportions of a natural disaster. Failure to notify the Director of Emergency Management as required in Subsection (b) of this Section shall not prevent the Director from exercising any authority assigned to him in this Subtitle or delegated to him by the County Executive.

During the existence of a state of war, the County Executive shall have the authority to appoint the necessary number of auxiliary or special police, with such qualifications and with such powers and authorities as may be prescribed by regulation.

The Director may at any time appoint or authorize the appointment of volunteer citizens to augment the personnel of any County activity in time of emergency management emergency. Such volunteer citizens shall be enrolled as emergency management volunteers in cooperation with the heads of the County departments affected, and shall be subject to the rules and regulations set forth by the Director of such volunteers. The Director may also appoint volunteer citizens to form the personnel of an emergency management service for which the County has no counterpart, or to temporarily augment personnel of the County engaged in emergency management activity.

Each person serving as a member of the Emergency Management Council, or as an officer, employee or volunteer in any capacity in the Emergency Management Organization shall, prior to assuming his duties, take an oath which shall be substantially as follows: I, ________________________ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of this State against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate the overthrow of the Government of the United States or of this State by force or violence; and that during such time as I am a member of the Emergency Management Organization I will not advocate nor become a member or an affiliate of any organization, group or combination of persons or of any political party that advocates the overthrow of the Government of the United States or of this State by force or violence.

The members of the Emergency Management Organization and the Director may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties with the approval and consent of the County Council, excepting that in cases of emergency, the County Executive may direct reimbursement of members of the Emergency Management Organization from emergency management funds made available by the County Council.

The Emergency Management Organization established under this Division, shall not participate in or be employed directly or indirectly in any political activity or for any political purpose. No person shall be employed or directly associated with the Emergency Management Organization in any capacity who advocates or has advocated a change by force or violence in the constitutional form of the government of the United States or of this State, or of this County, or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment or information charging any subversive act against the United States. All County employees may participate or refrain from participating in partisan political activity. County employees shall not engage in partisan political activity during their hours of employment.

County employees assigned to duty as part of the emergency management forces pursuant to the provisions of this Subtitle shall retain all of the rights, privileges and immunities of County employees, and shall receive compensation incident to their employment.

The County assumes no liability for injury or death of emergency management volunteers in the performance of their duty as such volunteers, except that which is imposed by State law or by this Code or other ordinance or resolution of the County Council; provided, however, that emergency management volunteers assigned to duty during a period of natural disaster in the County shall be eligible for the benefits of the State Workmen's Compensation law at a rate of compensation commensurate with that of persons performing similar work under conditions of regular employment.

There is hereby created an Emergency Management Council which shall be composed of seven (7) members, as follows: Director. The Director of the Emergency Management Organization shall also serve as the Director of the Emergency Management Council. Assistant Director. The Assistant Director shall be appointed by the Director. Representatives. The Director shall appoint five (5) members who are residents of the County to serve on the Emergency Management Council. The representatives shall serve without compensation and at the pleasure of the Director.

The Emergency Management Council shall act as an advisory and planning group. The Emergency Management Council shall recommend for adoption an Emergency Management Plan for the County and all measures, contracts, mutual aid plans and agreements which are deemed necessary for the implementation of an emergency management plan. The Emergency Management Council shall make a continuing study of the need for amendments and improvements in the Emergency Management Plan.

Whenever, in the judgment of the County Executive, an emergency exists the County Executive shall issue a written proclamation of the existence of the emergency and issue such rules and regulations as deemed necessary to control the situation.

After proclamation of an emergency, the County Executive may order a general curfew applicable to such geographical areas of the County or to the County as a whole, as deemed advisable, and applicable during such hours as deemed necessary in the interest of the public safety and welfare. After proclamation of an emergency, the County Executive may also, in the interest of public safety and welfare, make any or all of the following orders: Order the closing of all retail liquor stores; Order the closing of all taverns; Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor and/or beer is permitted; Order the discontinuance of the sale of beer and/or liquor; Order the discontinuance of selling, distributing or giving away gasoline or other flammable or combustible liquids or products in any container other than a gasoline tank properly affixed to a motor vehicle; Order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution, or dispensing of flammable or combustible liquids or products; Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever; Order the closing of any or all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing, or giving away of firearms and/or ammunition; Order that no person shall carry, possess or use any club, brick or gasoline filled bottle or container with a fuse type wick inserted in the neck, or gasoline or petroleum base fire-bomb or other incendiary missile or weapon; Order if deemed necessary, the closing of any and all business, commercial and industrial establishments; Call upon regular and auxiliary law enforcement agencies and organizations within or without the County to assist in preserving and keeping the peace; Designate any public street, thoroughfare, or vehicle parking area closed to motor vehicle and pedestrian traffic; and Issue such other orders as are imminently necessary for the protection of life and property. During the existence of a state of war involving the United States, the County Executive, subject to the approval of the necessary State or Federal authorities, is authorized to prepare for the evacuation from the County, or any part thereof, all persons they determine necessary for public safety. For this purpose the County Executive shall negotiate with the proper authorities of any State of the United States, the District of Columbia, or any subdivision thereof, to provide for the reception, housing, maintenance, and care of evacuees. The Director of the Emergency Management Organization shall prepare all necessary plans for the conduct of such evacuation. When the public interest or the safety of such persons creates the necessity the County Executive may order and compel, subject to the approval of the Secretary of Defense, and any such persons designated by the Secretary of Defense, the evacuation from the County of any such persons to such place as the County Executive may designate. For the purpose of compelling evacuation, the County Executive may authorize custody by the authorized special police of any person, which custody shall be effective until the point of destination has been reached.

Upon filing with the Clerk the proclamation, it shall become effective, having the force of law, and it shall remain in full force and effect until it has been terminated by filing a copy of the termination with the Clerk by the County Executive.

County Executive or his successor may inform the Governor of the State, or his duly authorized agent, that a disaster is threatened or has occurred and may request the Governor to declare a portion or all of the County as an emergency management or disaster area. The County Executive shall be authorized to request the Governor to declare the County in a state of emergency pursuant to Section 6A, Article 16A, Annotated Code of Maryland, and to request the assistance of the State Police, or request the Governor to call for a State militia to restore the peace and order of the County.

As used in this Division: Emergency interim successor shall mean a person designated pursuant to this Division for possible temporary succession to the powers and duties, but not the office, of a County officer in the event that such officer or any duly authorized deputy is unavailable to exercise the powers and discharge the duties of the office. Unavailable shall mean either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his duly authorized deputy are absent or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of the office.

Within thirty (30) days after first entering upon the duties of his office, the County Executive, each member of the Council, the Clerk, the Director of Finance, the County Attorney, and each Judge of the Circuit Court shall, in addition to any duly authorized deputy, designate such number of emergency interim successors to his office and specify their rank in order of succession after any duly authorized deputy so that there will be not less than three (3) duly authorized deputies or emergency interim successors or combination thereof for the office. The Council shall within the time specified in Subsection (a) of this Section, in addition to any duly authorized deputy, designate for appointive officers including the Chief Administrative Officer, Chief of Police, Fire Chief and Health Officer such number of emergency interim successors to these officers and specify their rank in order of succession after any duly authorized deputy so that there will be not less than three (3) duly authorized deputies or emergency interim successors or combination thereof for each officer. The incumbent in the case of those elective officers specified in Subsection (a) of this Section, and the Council in the case of those appointive officers specified in Subsection (b) of this Section, shall review and, as necessary, promptly revise the designations of emergency interim successors to insure that at all times there are at least three (3) qualified emergency interim successors or duly authorized deputies of any combination thereof for each officer specified.

No person shall be designated or serve as an emergency interim successor unless he may under the Constitution and Statutes of this State and the Charter or Ordinances of this County, hold the office of the person to whose powers and duties he is designated to succeed. No provision of any ordinance prohibiting an officer or employee of this County from holding another office shall be applicable to an emergency interim successor. Any person designated as an emergency interim successor holds that designation at the pleasure of the designator; provided that he must be replaced if removed. He retains this designation as emergency interim successor until replaced by another appointee of the authorized designator.

If in the event of an attack any officer named in Subsections (a) and (b) of Section 6-139 and any duly authorized deputy is unavailable, his emergency interim successor highest in rank in order of succession who is not unavailable shall, except for the power and duty to appoint emergency interim successors, exercise the powers and discharge the duties of such officer. An emergency interim successor shall exercise these powers and discharge these duties only until such time as the lawful incumbent officer or any duly authorized deputy or any an emergency interim successor higher in rank in order of succession exercises, or resumes the exercise of, the powers and discharge of the duties of the office, or until, where an actual vacancy exist, a successor is appointed to fill such vacancy or is elected and qualified as provided by law.

The name, address and rank in order of succession of each duly authorized deputy shall be filed with the Clerk and each designation, replacement, or change in order of succession of an emergency interim successor shall become effective when the designator files with the Clerk, the successor's name, address and rank in order of succession. The Clerk shall keep on file all such data regarding duly authorized deputies and emergency interim successors. The data shall be open to public inspection.

At the time of their designation, emergency interim successors shall take such oath and do such things, if any, as may be required to qualify them to exercise the powers and discharge the duties of the office to which they may succeed.

In the event of an attack: Quorum requirements for the Council shall be suspended; and Where the affirmative vote of a specified proportion of members for approval of an ordinance, resolution or other action would otherwise be required, the same proportion of those voting thereon shall be sufficient.

Pursuant to the Charter, within the Office of Homeland Security, there shall be an Office of Public Safety Communication responsible for the management of an integrated public safety and emergency communication system.

In this Division the following words and terms shall have the following meanings: Department means the Prince George's County Office of Public Safety Communication. First Responder means an individual dispatched to assist a member of the public through a 9-1-1 system subject to Section 6-148. It includes an individual who provides the Police Department, Fire/EMS, Mobile Crisis Response, Sheriff Department, and Municipalities with information about another individual regarding certain behaviors, diagnoses, or traits of individuals with special needs. 9-1-1 Specialist means an employee of a County public safety answering point whose duties and responsibilities include: receiving and processing 911 requests for emergency services or dispatching law enforcement officers, fire rescue services, emergency medical services, and other public safety services to the scene of an emergency.

The Department shall maintain an Emergency 9-1-1 Voluntary Call Registry that enables an adult, parent, or guardian of a minor child, or individual with guardianship of the person to provide information to the Department via the registry to alert First Responder(s) encountering a registered individual that the individual: May exhibit certain behaviors, including that the individual may be: Nonspeaking or the user of a communication device, Sensitive to loud sounds, Sensitive to bright lights, Sensitive to touch, Delayed with response times, Prone to avoid eye contact, Unaware of danger, or Prone to wander or elope, or Has one or more of the following diagnoses or traits: Blind or low vision; Deaf or hard of hearing; Wheelchair user; Alzheimer's or dementia; Autism; Mental health disability; Intellectual disability; Physical disability; or Developmental disability. Participation in the Emergency 9-1-1 Voluntary Call Registry program under this Division does not create a private cause of action. The Department shall provide information to the public about the program and inform the public about how to register for the program. A registrant may opt-into the program at any time. Annual notifications will be sent to all active registrants on October 1st, November 1st, and December 1st for the purpose of confirming continued participation. Any registrant that fails to confirm continued participation on or before December 31st of each year, shall be automatically deleted from the registry as of January 1st. It is the responsibility of the registrant to ensure the information provided in the registry is up to date and accurate. One residential address is required to participate in the registry. The Department shall provide information to the public about how to opt out of the program. Any adult, parent, guardian of a minor child, or individual with guardianship of the person who provides information for the registry shall use the form provided by the Department, certify to the accuracy of the information provided, and agree to notify the Department of any changes using the form provided by the Department.

Participation in the Emergency 9-1-1 Voluntary Call Registry is entirely voluntary and requires the authorization of the registrant to provide health information about an individual with certain behaviors, diagnoses, or traits of special needs. All information provided by registrants for inclusion in the 9-1-1 registry shall be treated as confidential and protected health information (PHI) under HIPAA regulations. The information stored in the registry shall only be accessed and utilized for the purpose of providing timely and appropriate emergency medical care or assistance during emergency situations. Any other use or disclosure of this information is strictly prohibited except as otherwise required by law. By participating in the registry, registrants acknowledge and consent to the collection and use of the health information provided as outlined in this provision, in accordance with HIPAA regulations.

The Office of Public Safety Communication is not responsible for the management of an integrated public safety and emergency communication system for the following entities with jurisdiction within the County: Maryland State Police; Maryland Park Police; Bladensburg; Bowie; Greenbelt; Hyattsville; Laurel; or Riverdale Park.

A majority of the judges of the circuit court may appoint one or more masters for domestic relations causes in accordance with Courts and Judicial Proceedings Article, Section 2-501, and Maryland Rule 2-541. Masters shall be members of the bar of the State of Maryland. Masters shall receive compensation, fees, and costs prescribed by the judges.

A majority of the judges of the circuit court may appoint one or more masters for juvenile causes in accordance with Courts and Judicial Proceedings Article, Section 3-813, and Maryland Rule 2-541. Masters shall be members of the bar of the State of Maryland. Masters shall receive compensation, fees, and costs prescribed by the judges.

When said plats are recorded, those portions of said land designated on said plats as streets, roads, avenues, lanes, alleys, and public parks or squares shall be and the same are hereby declared to be forever dedicated to public use and shall not thereafter, on any pretext whatsoever, be altered or taken for private use; provided, however, that nothing herein contained shall affect the right of any person or persons owning or claiming any interest in said land derived by, from, or under any persons other than the maker of said plat, or by, from, or under such maker prior to such subdivision; and provided further, that the maker of any such plat or plats, his heirs or assigns, shall have the right to apply by petition for leave to abandon the subdivision of lands so made by him. For property within that part of the Maryland-Washington Regional District within Prince George's County, Maryland, as described in the Land Use Article of the Annotated Code of Maryland, the petition shall be to the Prince George's County Planning Board for vacating the plat or plats, or portions thereof, in conformance with the provisions for same contained within Subtitle 24 of this Code. In the case of subdivisions outside that part of the Maryland-Washington Regional District in Prince George's County, petitions shall be to the agency designated by the municipality pursuant to the provisions of the local municipal ordinance providing for the vacating of subdivision plats. If the County Executive, upon recommendation of the Director of the Department of Public Works and Transportation, determines that any such street, road, avenue, lane, alley, or public park or square, including any such previously dedicated area, is no longer needed for such public use, the County Executive may declare such area to be free from public dedication and, subject to the rights of utilities having facilities within said area or to any bona fide action for adverse possession brought by an adjacent property owner, such dedication shall revert to the adjacent property owners at the completion of said declaration action, and the owners' acceptance thereof. Upon the County Executive's declaration that the area is free from public dedication, a petition shall be made to the Planning Board for vacating the plat or plats, or portion thereof, in conformance with the provisions for same contained within Subtitle 24 of this Code. Upon approval by the appropriate agency and delivery of a certified copy to the clerk, the clerk of the circuit court shall endorse on the plat affected hereby, the dates of approval by the Prince George's County Planning Board or the municipal agency authorized to vacate plats or portions thereof, and a notation that the plat has been vacated.

The County Executive, upon the request of a judge of the Court of Appeals of Maryland, resident in Prince George's County, may set a salary supplement for the secretary of the judge in addition to the compensation of the secretary which is paid by the State of Maryland. The amount of the supplement shall not exceed an amount which when combined with the compensation paid by the State exceeds the maximum compensation payable to a secretary for a Circuit Court judge resident in Prince George's County. The salary supplement shall be paid in the same manner as the salaries of other county employees and appropriated as part of the County budget.

All employees appointed by the state's attorney shall be subject to the County's personnel system as to qualifications, compensation, and all other regulations, with the exception of the deputy and assistant state's attorneys and the administrative assistant to the state's attorney, as provided by State law.

The County Executive is authorized to contract on behalf of the County for supervised pretrial third party custody services in criminal cases. These services will be provided for a defendant who has been placed by a Court of this State in such a program while awaiting the time of trial. The program will be available to the Court as an alternative to pretrial confinement of the defendant or release on monetary bond or personal recognizance. The program to be contracted for should include the following: Screening of defendants by third party custody service representatives with respect to their probable successful participation in the program; liaison with the Court, prosecutors, public defenders, and defense counsel; presence in Court to accept third party custody; Counseling and supervision to insure a defendant's presence in court at the time of trial; Consultation with defendants and their families during the pretrial period concerning such matters as health, welfare, housing, and finances; encouragement to maintain employment or educational status; avoidance of relationships or activities which could result in rearrest or additional criminal charges.

Funding for the third party custody services described in this Division may be provided by the County in conjunction with financial assistance from Federal and State agencies, other political subdivisions in this State, nonprofit organizations, private contributions, and similar sources of income. The County Executive may include in every annual budget submission to the Council the estimated funding for County participation in this program.

In Sections 7-188 through 7-194 of this Subtitle, the following words have the meanings indicated. Claimant means a person filing a claim subject to this Subtitle. Court means the Circuit Court for Prince George's County sitting as a juvenile court. Delinquent Act means an act which would be a crime if committed by an adult. Family, when used with reference to a person, means any person related to such person within the third degree of consanguinity or affinity. Victim means a person who is damaged or suffers loss as a direct result of a delinquent act as defined in Sec. 3-829 of the Courts Article.

In Prince George's County there is a fund, known as the Juvenile Crime Restitution Fund, to make reimbursements to victims of delinquent acts. The Court shall hear and determine all claims and awards and may adopt, promulgate, amend, and rescind suitable rules and regulations to carry out the provisions and purposes of this Division. The County Director of the Office of Finance shall be custodian of the fund and make disbursements from the fund promptly on receipt of a request from the Court. The custodian shall invest the money received under this Subtitle subject to procedures in the County for the investment of public funds. The County Council of Prince George's County may appropriate a sum to establish the fund and make supplemental appropriations to maintain the fund.

Except as provided in Subsection (b) of this Section, the following persons are eligible for awards under this Division: A victim of a delinquent act, his personal representatives or successors. A surviving guardian, parent, spouse, or child of a victim of a delinquent act who dies as a direct result of that act. A person is not eligible for an award under this Division if: The delinquent act was committed against an accomplice to the act or a member of the family of the principal or the accomplice; or Final adjustment for insurance claims has not been provided to the Court under Section 7-191 of this Division.

A claim may be filed by a person eligible to receive an award, as provided in Section 7-188 of this Subtitle. If the person entitled to make a claim is a minor or is mentally incompetent, the claim may be filed on the victim's behalf by his parent or guardian. A claim must be filed by the claimant not later than 90 days after a finding of delinquency in a matter upon which the claim is based. Claims shall be filed with the clerk of the Prince George's County Circuit Court in person or by mail. The clerk shall accept for filing all claims submitted by persons eligible under Subsection (a) of this Section and meeting the requirements as to form as may be established by rules adopted pursuant hereto. Upon filing of a claim under this Division, the clerk of the court shall promptly notify the state's attorney. The Court shall defer all action on the claim until the juvenile proceedings concerning the act giving rise to the claim have been concluded.

The Court may award a claimant a sum not to exceed the amount determined by the Court to be restitution for the victim. An award shall not be made on a claim unless the claimant has incurred a minimum out-of-pocket loss of $25. Out-of-pocket loss means unreimbursable expenses or indebtedness reasonably incurred to make the claimant whole. If the victim dies as a direct result of the delinquent act, the claimant's recovery is limited to unreimbursable expenses or indebtedness reasonably incurred for medical care and funeral and burial costs. The custodian of the fund shall pay the sum awarded to a claimant at the direction of the Court.

Acceptance of an award under this Division subrogates the fund, to the extent of such award, to any right or right of action occurring to the claimant or the victim to recover payments on account of losses resulting from any act or occurrence with respect to which the award is made. The Prince George's County State's Attorney shall represent the fund in such an event.

A minor adjudged to have committed a delinquent act may be ordered by the Juvenile Court to reimburse the fund himself, either by a single payment or in installments, at the discretion of the Court. Interest shall be assessed against the minor at the legal rate from the date of disbursement from the fund. Unless the minor is an emancipated minor, the parents or guardian of a minor shall be ordered to cosign with the minor a note for the amount of the award to insure the fund is reimbursed. If this is ordered, the liability of the minor precedes the liability of the parents or guardian.

There is hereby established the Intermediate Sanctions Policy Board for Prince George's County.

The Intermediate Sanctions Policy Board shall consist of eleven (11) voting members. They shall be: The Administrative Judge of the Circuit Court for Prince George's County or the judge's designee; The Administrative Judge of the District Court of Maryland for Prince George's County or the judge's designee; The State's Attorney for Prince George's County or the State's Attorney's designee; The Public Defender for Prince George's County or the Public Defender's designee; A member of the County Council designated by the Chairman of the Council; The County Executive or the County Executive's designee; The Health Officer or the Health Officer's designee; Region 3 Director, Division of Parole and Probation or the Director's designee; Area 5 Director, Department of Juvenile Justice or the Director's designee; The Chief of Police or the Chief's designee; and The Director of the Department of Corrections or the Director's designee. The Board may request the assistance of other interested individuals to act as resource persons or to serve as ad hoc committee members when issues specific to their expertise are before the Board. The Chairman of the Board shall alternate biannually between the two (2) members of the Judiciary, commencing with the Circuit Court member. All members of the Board shall serve without additional monetary compensation. The Board shall meet bimonthly and such other times as directed by the Chairman.

The purposes and duties of the Intermediate Sanctions Policy Board shall be to: Develop intermediate sanctions programs; Establish and review policy guidelines for intermediate sanctions programs; and Evaluate the effectiveness of intermediate sanctions programs. The Board shall determine the scope and objectives for a pretrial diversionary program which includes the provision of substance abuse evaluation and treatment by public and private providers to nonviolent criminal defendants and youth adjudicated delinquent or pending adjudication and to develop recommendations and policies for the operations of the program. The Board shall develop policy guidelines for the regulation of public and private providers of court-ordered or court-referred drug treatment programs. The Board shall develop operational standards for drug treatment programs which receive referrals from the Courts. The Board shall evaluate and recommend to the Courts drug treatment methodologies which are designed to reduce the risk of future criminal conduct by persons referred for treatment. The Board shall develop criteria for evaluating potential candidates and policies and procedures for program participants. The Board shall develop criteria for uniform sanctions for diverted persons who violate terms of pretrial diversion and conditions of probation. The Board shall establish criteria and evaluate data to determine the effectiveness of: Screening of program participants; Treatment program methodologies; Sanctions for violations; and Drug treatment program providers. The term "intermediate sanctions" shall include all correctional diversionary programs, both pre- and post-incarceration.

The Board shall prepare an annual report of its activities to be presented to the County Executive and the County Council. The Board shall prepare and submit its recommendations for implementing legislation, requirements for budget appropriations and personnel authorization, and recommendations for policy guidelines, operational standards, and criteria to the County Executive and the County Council for approval.

In this Division, "Coordinating Council" means the Prince George's County Criminal Justice Coordinating Council. The purpose of the Coordinating Council is to address issues affecting the administration of criminal justice in Prince George's County by identifying and solving any potential systemic problems and improving the quality of the criminal justice system. Consistent with its reporting obligations under Section 7-605, the authority of the Coordinating Council is advisory only.

There is a Prince George's County Criminal Justice Coordinating Council. The Coordinating Council shall consist of the following twenty-six (26) voting members: The County Executive of Prince George's County; The Chair of the Prince George's County Council; The Administrative Judge of the Circuit Court for Prince George's County; The Administrative Judge for District 5 of the District Court of Maryland; The Criminal Coordinating Judge of the Circuit Court for Prince George's County; The Circuit Court Judge presiding over Juvenile Court matters; The Circuit Court Judge presiding over Adult Drug Court; The Clerk of the Circuit Court for Prince George's County; The State's Attorney for Prince George's County; The Sheriff of Prince George's County; One (1) Member of the County Senate Delegation designated by the Chairman of the County Senate Delegation; One (1) Member of the County House Delegation designated by the Chairman of the County House Delegation; The Prince George's County District Public Defender; The Superintendent of the Maryland State Police; The Prince George's County Director of Homeland Security; The Director of the Prince George's County Department of Corrections; The Chief of the Prince George's County Police Department; The Fire Chief of Prince George's County; The President of the Police Chiefs' Association of Prince George's County, Inc.; The Prince George's County Health Officer; The Regional Director of the Division of Parole and Probation; The Area Director, Maryland Department of Juvenile Services; The Administrative Clerk for District 5 of the District Court of Maryland; The Chair of the Prince George's County Bar Association Criminal Law Committee; The Criminal Coordinating Judge for the 5th District Court; and The Commander of the Maryland-National Capital Park Police. Presiding Officer. The Chair of the Coordinating Council is the Administrative Judge of the Circuit Court for Prince George's County, or his/her designee. The Co-Vice Chairs are the County Executive and the Administrative Judge for District 5 of the District Court of Maryland or their designees. Meetings and Quorum. The Coordinating Council shall meet at least quarterly each year. For a voting session of the Coordinating Council, a quorum is a majority of voting members. Compensation and Limitation on Membership. A member of the Coordinating Council may not receive compensation for duties performed as a member of the Coordinating Council. A member who holds membership by virtue of an elected or appointed position holds membership on this Coordinating Council only during that member's term of office. Support Staff. The Chief Administrative Officer of the County and the Court Administrator of the Circuit Court shall designate support staff to the Coordinating Council from existing personnel, and appropriations. Support staff shall be ex-officio members of the Coordinating Council.

The Coordinating Council shall: Provide a forum to facilitate communication among the Courts, public safety agencies and health agencies in Prince George's County. Evaluate the existing organization and adequacy of law enforcement and administration of justice in this County. Recommend a 3-year strategic plan for the long-range development of the County's Criminal Justice System that provides solutions for identified problem areas and achieves effective coordination of the public safety activities in the County. The Plan shall: Evaluate and recommend innovative ways to facilitate and expedite the management of criminal cases in Prince George's County; Evaluate and recommend information technology for the Courts, public safety agencies and health agencies in Prince George's County; and Evaluate and recommend other systemic changes in the Prince George's County Criminal Justice System. Review programs proposed by law enforcement, public safety agencies and health agencies for: Compatibility with the 3-year strategic plan; Compatibility with the County's approved operating budget; and Impact on the other public safety agencies, health agencies and the Courts. Recommend programs that will educate the community about law enforcement, crime prevention, and other criminal justice issues and will promote respect for the law, and encourage community involvement in law enforcement and other appropriate public safety agencies, health agencies and the Courts. Facilitate coordination of the programs and activities among the County law enforcement, public safety agencies, health agencies and the Courts. Facilitate coordination of County law enforcement, public safety agencies, health agencies and the Courts with those of the State of Maryland and neighboring State and local governments. Promote efficient processing of criminal cases at every stage from arrest to completion of trial and correctional programs. Carry out other activities to achieve fair and effective law enforcement, crime prevention, and justice.

The agencies of the State and County government and the Courts who are members of the Coordinating Council shall provide the Coordinating Council any information and assistance, not inconsistent with law, that the Coordinating Council requests.

The Coordinating Council shall make semi-annual reports and recommendations to the County Executive, the County Council, and the Judiciary. The County Executive, the County Council, and the Judiciary may refer matters to the Coordinating Council and the Council shall file a written report with the requesting entity.

Beginning at a point where the center line of Greencastle Road intersects the boundary line between Prince George's County and Montgomery County, and running thence easterly with the center line of Greencastle Road to the center line of Old Gunpowder Road, thence northerly with the center line of Old Gunpowder Road to the center line of Van Dusen Road, thence easterly with the center line of Van Dusen Road to the center line of Virginia Manor Road, thence southeasterly and southwesterly with the center line of Virginia Manor Road to the center line of Cinder Road, thence southeasterly with the center line of Cinder Road to the center line of Baltimore Avenue, (U.S. Rt. 1), thence southwesterly with the center line of Baltimore Avenue to the center line of Muirkirk Road, thence easterly with the center line of Muirkirk Road to the center line of Odell Road, thence southwesterly with the center line of Odell Road to the center line of Springfield Road, thence easterly and southeasterly with the center line of Springfield Road to the center line of Powder Mill Road, thence easterly with the center line of Powder Mill Road to the center line of Soil Conservation Road, thence southerly with the center line of Soil Conservation Road to the center line of Beaver Dam Road, thence westerly with the center line of Beaver Dam Road to the center line of Beaverdam Creek, thence westerly with the center line of Beaverdam Creek to the center line of Edmonston Road (Md. 201), thence northerly with the center line of Edmonston Road to the center line of Sunnyside Avenue, thence westerly with the center line of Sunnyside Avenue to the center line of the Baltimore and Ohio Railroad, thence southerly with the center line of the Baltimore and Ohio Railroad to the center line of the Capital Beltway (I-95), thence westerly with the center line of Capital Beltway to the center line of Cherry Hill Road, thence northwesterly with the center line of Cherry Hill Road to the center line of Powder Mill Road, thence southwesterly with the center line of Powder Mill Road to the boundary line between Prince George's and Montgomery Counties, thence northeasterly with said boundary line to the point of beginning.

Beginning at a point where the center lines of Annapolis Road (Md. 450) and Ardwick-Ardmore Road intersect, thence southeasterly and southerly with the center line of Ardwick-Ardmore Road to the center line of the John Hanson Highway, thence easterly with the center line of John Hanson Highway to the center line of CONRAIL, thence southwesterly with the center line of CONRAIL to the District of Columbia and Prince George's County boundary line, which is a point approximately 1,000 feet southeast of Kenilworth Avenue (Md. 201), thence northwesterly with said boundary line to the center line of the Baltimore and Ohio Railroad (Main Line), thence northeasterly with the center line of the Baltimore and Ohio Railroad to the center line of Northwest Branch, thence easterly following the southerly boundary line of the City of Hyattsville to the center line of the Alexandria Branch of the Baltimore and Ohio Railroad, thence southerly with the center line of the Baltimore and Ohio Railroad to the southwest projection of the center line of Windom Road, thence easterly with said projection and the center line of Windom Road to the center line of Kenilworth Avenue (Md. 201), thence northeasterly with the center line of Kenilworth Avenue to the center line of Carter's Lane, thence easterly with the center line of Carter's Lane and the projection thereof to the center line of the Baltimore-Washington Parkway, thence northerly with the center line of the Baltimore-Washington Parkway to the center line of Riverdale Road, thence easterly with the center line of Riverdale Road to the center line of Finns Lane, thence southeasterly with the center line of Finns Lane to the center line of Annapolis Road (Md. 450), thence southwesterly with the center line of Annapolis Road to the point of beginning.

Beginning at a point where the center line of Crain Highway (U.S. 301) and the center line of Leeland Road intersect, thence northerly with the center line of Crain Highway to the center line of Queen Anne Road, thence northeasterly with the center line of Queen Anne Road to the center line of Queen Anne Bridge Road South, thence southeasterly with the center line of Queen Anne Bridge Road South to the center line of the Patuxent River, thence southerly with the center line of the Patuxent River to the center line of Selby Landing Boat Ramp Road, thence northerly, westerly and southerly with the center line of Selby Landing Boat Ramp Road to the center line of Croom Airport Road, thence westerly with the center line of Croom Airport Road to the center line of Duvall Road, thence northerly with the center line of Duvall Road to the center line of Mt. Calvert Road, thence southwesterly with the center line of Mt. Calvert Road to the center line of Croom Road (Md. 382), thence northwesterly with the center line of Croom Road to the center line of Croom Station Road, thence northerly with the center line of Croom Station Road to the center line of Old Crain Highway, thence northeasterly with the center line of Old Crain Highway to the center line of Pennsylvania Avenue (Md. 4), thence westerly with the center line of Pennsylvania Avenue to the center line of Ritchie-Marlboro Road, thence northwesterly with the center line of Ritchie-Marlboro Road to the center line of Old Marlboro Pike, thence easterly with the center line of Old Marlboro Pike to the center line of Brown Station Road, thence northwesterly with the center line of Brown Station Road to the center line of White House Road, thence northeasterly with the center line of White house Road to the center line of Largo Road (Md. 202), thence easterly with the center line of Largo Road to the center line of Oak Grove Road (Md. 556), thence easterly with the center line of Oak Grove Road to the center line of Leeland Road, thence southeasterly with the center line of Leeland Road to the point of beginning.

Beginning at the intersection of the center lines of the Patuxent River and Selby Landing Boat Ramp Road, thence northerly, westerly, and southerly with the center line of Selby Landing Boat Ramp Road to the center line of Croom Airport Road, thence westerly with the center line of Croom Airport Road to the center line of Duvall Road, thence northerly with the center line of Duvall Road to the center line of Mt. Calvert Road, thence southwesterly with the center line of Mt. Calvert Road to the center line of Croom Road (Md. 382), thence southwesterly with the center line of Croom Road to the center line of Duley Station Road, thence westerly with the center line of Duley Station Road to the center line of Cheltenham Road, thence southwesterly with the center line of Cheltenham Road to the center line of Old Indian Head Road, thence southerly with the center line of Old Indian Head Road to the center line of Van Brady Road, thence southeasterly with the center line of Van Brady Road to the center line of Molly Berry Road, thence southerly with the center line of Molly Berry Road to the center line of Baden-Naylor Road, thence southwesterly with the center line of Baden-Naylor Road to the center line of Baden-Westwood Road, thence southeasterly with the center line of Baden-Westwood Road to the center line of Croom Road (Md. 382), thence southerly with the center line of Croom Road to the center line of Magruder's Ferry Road, thence easterly with the center line of Magruder's Ferry Road and the projection thereof to the center line of the Patuxent River, the boundary line between Prince George's and Calvert Counties, thence following the center line of the Patuxent River northerly to the point of beginning.

Beginning at a point where the Charles County-Prince George's County boundary intersects the boundary between the States of Maryland and Virginia, thence southerly along the Charles County-Prince George's County boundary to the center line of Mattawoman Creek, thence easterly following the center line of Mattawoman Creek to the center line of Gardner Road, thence northwesterly with the center line of Gardner Road to the center line of Accokeek Road (Md. 373), thence northeasterly with the center line of Accokeek Road to the center line of Danville Road, thence westerly with the center line of Danville Road to the center line of South Springfield Road, thence northerly with the center line of South Springfield Road to the center line of Floral Park Road, thence northwesterly with the center line of Floral Park Road to the center line of Windbrook Drive, thence northerly with the center line of Windbrook Drive to the center line of Thrift Road, thence northeasterly with the center line of Thrift Road to the center line of Tippett Road, thence northerly with the center line of Tippett Road to the center line of Piscataway Road (Md. 223), thence northeasterly with the center line of Piscataway Road to the center line of Steed Road, thence northwesterly with the center line of Steed Road to the center line of Allentown Road (Md. 337), thence northerly with the center line of Allentown Road to the center line of Tucker Road, thence southwesterly with the center line of Tucker Road to the center line of Palmer Road, thence southwesterly with the center line of Palmer Road to the center line of Old Palmer Road, thence southwesterly with the center line of Old Palmer Road to the center line of Hunters Mill Branch, thence westerly with the center line of Hunters Mill Branch to the center line of Henson Creek, thence southwesterly with the center line of Henson Creek to the center line of Broad Creek, thence southwesterly with the center line of Broad Creek and the extension thereof, across the Potomac River to the Maryland-Virginia boundary line, thence with the said boundary line southerly and westerly to the point of beginning.

Beginning at the intersection of 23rd Parkway and the District of Columbia-Prince George's County boundary line, thence southeasterly with the center line of 23rd Parkway to the center line of Oxon Run Drive, thence easterly with the center line of Oxon Run Drive to the center line of 23rd Parkway, thence southeasterly with the center line of 23rd Parkway to the center line of Olson Street, thence easterly with the center line of Olson Street to the center line of Raleigh Road, thence southerly with the center line of Raleigh Road, crossing St. Barnabas Road (Md. 414) to the center line of Temple Hill Road, thence southeasterly with the center line of Temple Hill Road to the center line of Allentown Road (Md. 337), thence northeasterly with the center line of Allentown Road to the center line of Suitland Parkway, thence easterly with the center line of Suitland Parkway to the center line of Pennsylvania Avenue (Md. 4), thence northwesterly with the center line of Pennsylvania Avenue to the center line of Westphalia Road, thence easterly with the center line of Westphalia Road to the center line of D'Arcy Road, thence northerly with the center line of D'Arcy Road to the center line of Ritchie Road, thence northerly with the center line of Ritchie Road to the center line of Walker Mill Road, thence westerly with the center line of Walker Mill Road to the center line of Marlboro Pike, thence northwesterly with the center line of Marlboro Pike to the Prince George's County-District of Columbia boundary line, thence southwesterly with said boundary line to the point of beginning.

Beginning at a point where the center line of Crain Highway (US 301) and the center line of Leeland Road intersect, thence northerly with the center line of U.S. 301 to the center line of Queen Anne Road, thence northeasterly with the center line of Queen Anne Road to the center line of Queen Anne Bridge Road South, thence southeasterly with the center line of Queen Anne Bridge Road South to the center line of the Patuxent River, thence northerly with the center line of the Patuxent River to the center line of Md. Rt. 3, thence southwesterly with the center line of Md. Rt. 3 to the center line of Annapolis Road (Md. 450), thence westerly with the center line of Annapolis Road to the center line of Enterprise Road (Md. Rt. 193), thence southerly with the center line of Enterprise Road to the center line of Central Avenue (Md. 214), thence westerly with the center line of Central Avenue to the center line of Kettering Drive, thence southerly with the center line of Kettering Drive to the center line of Largo Road (Md. 202), thence easterly with the center line of Largo Road to the center line of Oak Grove Road, thence easterly with the center line of Oak Grove Road to the center line of Leeland Road, thence southeasterly with the center line of Leeland Road to the point of beginning.

Beginning at the intersection of the center lines of the Patuxent River and Magruder's Ferry Road, thence westerly with the center line of Magruder's Ferry Road to the center line of Croom Road (Md. 382), thence northerly with the center line of Croom Road to the center line of Baden-Westwood Road, thence northwesterly with the center line of Baden-Westwood Road to the center line of Brandywine Road (Md. 381), thence northwesterly with the center line of Brandywine Road to the center line of Cedarville Road, thence westerly with the center line of Cedarville Road to the center line of U.S. 301 and Md. 5, thence southerly with the center line of U.S. 301 and Md. 5 to the Prince George's County-Charles County boundary line, thence southeasterly with said boundary line to the center line of the Patuxent River, thence northerly with the center line of the Patuxent River to the point of beginning.

Beginning at the intersection of the center lines of Pennsylvania Avenue (Md. 4) and Dower House Road, thence southerly and southeasterly with the center line of Dower House Road to the center line of Woodyard Road (Md. 223), thence southwesterly with the center line of Woodyard Road to the center line of Piscataway Creek, thence southwesterly with the center line of Piscataway Creek to the center line of Windbrook Drive, thence northerly with the center line of Windbrook Drive to the center line of Thrift Road, thence northeasterly with the center line of Thrift Road to the center line of Tippett Road, thence northerly with the center line of Tippett Road to the center line of Piscataway Road (Md. 223), thence northeasterly with the center line of Piscataway Road to the center line of Steed Road, thence northwesterly with the center line of Steed Road to the center line of Allentown Road (Md. 337), thence northeasterly with the center line of Allentown Road to the center line of Suitland Parkway, thence easterly with the center line of Suitland Parkway to the center line of Pennsylvania Avenue (Md. 4), thence southeasterly with the center line of Pennsylvania Avenue to the point of beginning.

Beginning at the intersection of the center lines of Greencastle Road and the boundary line between Prince George's and Montgomery Counties, thence easterly with the center line of Greencastle Road to the center line of Old Gunpowder Road, thence northerly with the center line of Old Gunpowder Road to the center line of Van Dusen Road, thence easterly with the center line of Van Dusen Road to the center line of Virginia Manor Road, thence southeasterly and southwesterly with the center line of Virginia Manor Road to the center line of Cinder Road, thence southeasterly with the center line of Cinder Road to the center line of Baltimore Avenue (US Rt. 1), thence southwesterly with the center line of Baltimore Avenue to the center line of Muirkirk Road, thence easterly with the center line of Muirkirk Road to the center line of Odell Road, thence southwesterly with the center line of Odell Road to the center line of Springfield Road, thence easterly and southeasterly with the center line of Springfield Road to the center line of Powder Mill Road, thence easterly and northerly with the center line of Powder Mill Road to the center line of Laurel-Bowie Road (Md. 197), thence southeasterly with the center line of Laurel-Bowie Road to the center line of Telegraph Road, thence northeasterly with the center line of Telegraph Road to the center line of the Patuxent River, thence northerly and westerly with the center line of the Patuxent River to the boundary line between Prince George's and Montgomery Counties, thence following said boundary line to the point of beginning.

Beginning at the intersection of the center lines of Cedarville Road and Brandywine Road (Md. 381), thence southeasterly with the center line of Brandywine Road to the center line of Baden-Westwood Road, thence northeasterly with the center line of Baden-Westwood Road to the center line of Baden-Naylor Road, thence northeasterly with the center line of Baden-Naylor Road to the center of Molly Berry Road, thence northerly with the center line of Molly Berry Road to the center line of Van Brady Road, thence northwesterly with the center line of Van Brady Road to the center line of Old Indian Head Road, thence northerly with the center line of Old Indian Head Road to the center line of Cheltenham Road, thence northeasterly with the center line of Cheltenham Road to the center line of Duley Station Road, thence northwesterly with the center line of Duley Station Road to the center line of Old Indian Head Road, thence northerly with the center line of Old Indian Head Road to the center line of US 301, thence crossing Crain Highway US 301 to the center line of Rosaryville Road, thence northwesterly with the center line of Rosaryville Road to the center line of Woodyard Road (Md. 223), thence southwesterly with the center line of Woodyard Road to the center line of Piscataway Creek, thence southwesterly with the center line of Piscataway Creek to the center line of Windbrook Drive, thence southerly with the center line of Windbrook Drive to the center line of Floral Park Road, thence easterly with the center line of Floral Park Road to the center line of South Springfield Road, thence southerly with the center line of South Springfield Road to the center line of Danville Road, thence easterly with the center line of Danville Road to the center line of Accokeek Road, thence southwesterly with the center line of Accokeek Road to the center line of Gardner Road, thence southeasterly with the center line of Gardner Road to the Charles County-Prince George's County boundary line, thence easterly with said boundary line to the center line of US 301 and MD 5, thence northerly with the center line of US 301 and MD 5 to the center line of Cedarville Road, thence easterly with the center line of Cedarville Road to the point of beginning.

Beginning at the intersection of 23rd Parkway and the District of Columbia-Prince George County boundary lines, thence southeasterly with the center line of 23rd Parkway to the center line of Oxon Run Drive, thence easterly with the center line of Oxon Run Drive to the center line of 23rd Parkway, thence southeasterly with the center line of 23rd Parkway to the center line of Olson Street, thence easterly with the center line of Olson Street to the center line of Raleigh Road, thence southerly with the center line of Raleigh Road, crossing St. Barnabas Road (Md. 414) to the center line of Temple Hill Road, thence southeasterly with the center line of Temple Hill Road to the center line of Allentown Road (Md. 337), thence southwesterly with the center line of Allentown Road to the center line of Tucker Road, thence southwesterly with the center line of Tucker Road to the center line of Palmer Road, thence southwesterly with the center line of Palmer Road to the center line of Old Palmer Road, thence southwesterly with the center line of Old Palmer Road to the center line of Hunters Mill Branch, thence westerly with the center line of Hunters Mill Branch to the center line of Henson Creek, thence southwesterly with the center line of Henson Creek to the center line of Broad Creek, thence southwesterly with the center line of Broad Creek and the extension thereof across the Potomac River to the Maryland-Virginia boundary line, thence with said boundary line northerly to the boundary line between the District of Columbia and Prince George's County, thence following said boundary line to the point of beginning.

Beginning at the intersection of the center lines of Enterprise Road (Md. 193) and Annapolis Road (Md. 450), thence westerly with the center line of Annapolis Road to the center line of Martin Luther King, Jr. Highway (Md. 704) (formerly George N. Palmer Highway), thence westerly and southwesterly with the center line of Martin Luther King, Jr. Highway to the center line of Bald Hill Branch, thence southerly with the center line of Bald Hill Branch to the center line of Ardwick-Ardmore Road, thence northwesterly with the center line of Ardwick-Ardmore Road to the center line of Martin Luther King, Jr. Highway, thence southwesterly with the center line of Martin Luther King, Jr. Highway to the center line of Landover Road, (Md. 202), thence westerly with the center line of Landover Road to the center line of CONRAIL (formerly the Pennsylvania Railroad), thence southwesterly with the center line of CONRAIL to the center line of Columbia Park Road, thence southerly and easterly with the center line of Columbia Park Road to the center line of Cabin Branch Drive, thence southeasterly with the center line of Cabin Branch Drive to the center line of Sheriff Road, thence easterly with the center line of Sheriff Road to the center line of Martin Luther King, Jr. Highway, thence southwesterly with the center line of Martin Luther King, Jr. Highway to the center line of Hill Road, thence southeasterly with the center line of Hill Road to the center line of Central Avenue (Md. 214), thence easterly with the center line of Central Avenue to the center line of Ritchie Road, thence southerly with the center line of Ritchie Road to the center line of Ritchie-Marlboro Road, thence easterly with the center line of Ritchie-Marlboro Road to the center line of White House Road, thence easterly and northeasterly with the center line of White House Road to the center line of Largo Road (Md. 202), thence northwesterly with the center line of Largo Road to the center line of Kettering Drive, thence northerly with the center line of Kettering Drive to the center line of Central Avenue, thence easterly with the center line of Central Avenue to the center line of Enterprise Road (Md. 193), thence northerly with the center line of Enterprise Road to the point of beginning.

Beginning at the intersection of the center line of Telegraph Road and the Patuxent River, thence southwesterly with the center line of Telegraph Road to the center line of Laurel-Bowie Road (Md. 197), thence northwesterly with the center line of Laurel-Bowie Road to the center line of Powder Mill Road, thence southerly and westerly with the center line of Powder Mill Road to the center line of Soil Conservation Road, thence southerly with the center line of Soil Conservation Road to the center line of Greenbelt Road, (Md. 193), thence westerly with the center line of Greenbelt Road to the center line of Cipriano Road, thence southerly with the center line of Cipriano Road to the center line of Good Luck Road, thence easterly with the center line of Good Luck Road to the center line of 96th Avenue, thence southerly with the center line of 96th Avenue to the center line of Lanham-Severn Road (Md. 564), thence northeasterly with the center line of Lanham-Severn Road to the center line of Glenn Dale Road, thence southerly with the center line of Glenn Dale Road to the center line of Annapolis Road (Md. 450), thence easterly and northeasterly with the center line of Annapolis Road to the center line of Md. Rt. 3, thence northeasterly with the center line of Md. Rt. 3 to the Patuxent River, thence northwesterly with the Patuxent River to the point of beginning.

Beginning at a point where White House Road and Brown Station Road intersect, thence westerly with the center line of White House Road to the center line of Ritchie-Marlboro Road, thence southwesterly with the center line of Ritchie-Marlboro Road to the center line of Ritchie Road, thence southwesterly with the center line of Ritchie Road to the center line of D'Arcy Road, thence southeasterly with the center line of D'Arcy Road to the center line of Westphalia Road, thence westerly with the center line of Westphalia Road to the center line of Pennsylvania Avenue (Md. 4), thence southeasterly with the center line of Pennsylvania Avenue to the center line of Dower House Road, thence southerly and southeasterly with the center line of Dower House Road to the center line of Woodyard Road (Md. 223), thence southwesterly with the center line of Woodyard Road to the center line of Rosaryville Road, thence southeasterly with the center line of Rosaryville Road crossing U.S. 301 to the center line of Old Indian Head Road, thence southerly with the center line of Old Indian Head Road to the center line of Duley Station Road, thence southeasterly and easterly with the center line of Duley Station Road to the center line of Croom Road (Md. 382), thence northerly with the center line of Croom Road to the center line of Croom Station Road, thence northerly with the center line of Croom Station Road to the center line of Old Crain Highway, thence northeasterly with the center line of Old Crain Highway to the center line of Pennsylvania Avenue, thence westerly with the center line of Pennsylvania Avenue to the center line of Ritchie Marlboro Road, thence northwesterly with the center line of Ritchie-Marlboro Road to the center line of Old Marlboro Pike (Md. 408), thence easterly with the center line of Old Marlboro Pike to the center line of Brown Station Road, thence northerly and westerly with the center line of Brown Station Road to the point of beginning.

Beginning at the intersection of the center line of Kenilworth Avenue (Md. 201) and the northeasterly common boundary line of the Town of Edmonston, thence westerly with the northeasterly boundary line of the Town of Edmonston to the common boundary line between Edmonston and Riverdale Park, thence southerly, westerly and northerly with the common boundary line between the municipalities of Riverdale Park and Edmonston to the Hyattsville-Riverdale Park common boundary line, thence continuing westerly and northerly along said common boundary line to the center line of East-West Highway (Md. 410), thence westerly with the center line of East-West Highway and the University Park-Hyattsville common boundary line to the center line of Queens Chapel Road, thence leaving the University Park and Hyattsville municipal boundary lines and continuing westerly with the center line of East-West Highway to the western boundary line of the City of Hyattsville, thence following the municipal boundary line of Hyattsville southerly, southeasterly and westerly to the center line of Ager Road, thence southeasterly with the center line of Ager Road to the center line of Hamilton Street, thence easterly with the center line of Hamilton Street to the center line of Queens Chapel Road, thence southwesterly with the center line of Queens Chapel Road to the center line of Northwest Branch, thence easterly and southeasterly with the center line of Northwest Branch to the center line of the Alexandria Branch of the Baltimore and Ohio Railroad, thence southerly with the center line of the Alexandria Branch of the Baltimore and Ohio Railroad to the southwesterly projection of the center line of Windom Road, thence easterly with said projection and the center line of Windom Road to the center line of Kenilworth Avenue (Md. 201), thence northeasterly with the center line of Kenilworth Avenue to the point of beginning.

Beginning at the point where the boundary line between Prince George's and Montgomery Counties is intersected by the center line of Mt. Pisgah Road and running thence with the center line of Mt. Pisgah Road southeasterly to the center line of Adelphi Road, thence southeasterly with the center line of Adelphi Road to the center line of East-West Highway (Md. 410), thence westerly with the center line of East-West Highway to the westerly municipal boundary line of the City of Hyattsville, thence southwesterly and westerly with the center line of said municipal boundary line to the center line of Ager Road, thence southeasterly with the center line of Ager Road to the center line of Hamilton Street, thence easterly with the center line of Hamilton Street to the center line of Queens Chapel Road, thence southwesterly with the center line of Queens Chapel Road to the center line of Northwest Branch, thence easterly and southeasterly with the center line of Northwest Branch to the center line of the Baltimore and Ohio Railroad, thence southwesterly with the center line of the Baltimore and Ohio Railroad to the District of Columbia-Prince George's County boundary line, thence northwesterly with the boundary line between the District of Columbia and Prince George's County to the boundary line between Prince George's and Montgomery Counties, thence northeasterly with said boundary line to the point of beginning.

Beginning at a point where the center line of CONRAIL (formerly the Pennsylvania Railroad) crosses the Prince George's County-District of Columbia boundary line south of Kenilworth Avenue (Md. 201), thence northeasterly with the center line of CONRAIL to the center line of Columbia Park Road, thence easterly with the center line of Columbia Park Road to the center line of Cabin Branch Drive, thence southeasterly with the center line of Cabin Branch Drive to the center line of Sheriff Road, thence easterly with the center line of Sheriff Road to the center line of Martin Luther King, Jr. Highway (Md. 704) (formerly George N. Palmer Highway), thence southwesterly with the center line of Martin Luther King, Jr. Highway to the center line of Hill Road, thence southeasterly with the center line of Hill Road to the center line of Central Avenue (Md. 214), thence easterly with the center line of Central Avenue to the center line of Ritchie Road, thence southerly with the center line of Ritchie Road to the center line of Walker Mill Road, thence westerly with the center line of Walker Mill Road to the center line of Marlboro Pike, thence northwesterly with the center line of Marlboro Pike to the Prince George's County-District of Columbia boundary line, thence northeasterly with said boundary line to East Corner, thence northwesterly still with said boundary line to the point of beginning.

Beginning at a point where the center lines of Adelphi Road and Wells Parkway intersect, thence easterly with the center line of Wells Parkway to the center line of Clagett Road, thence easterly with the center line of Clagett Road to the center line of Clagett Pineway, thence easterly with the center line of Clagett Pineway to the center line of Pine Way, thence northerly and easterly with the center line of Pine Way to the center line of Baltimore Avenue (U.S. Rt. 1), thence southerly with the center line of Baltimore Avenue to the common municipal boundary line of College Park and Riverdale Park, thence with said boundary line easterly, northerly, and easterly to the center line of Calvert Road, thence southeasterly with the center line of Calvert Road to the center line of Good Luck Road, thence easterly with the center line of Good Luck Road to the center line of Auburn Avenue, thence southwesterly with the center line of Auburn Avenue to the center line of Riverdale Road, thence westerly with the center line of Riverdale Road to the center line of Baltimore-Washington Parkway, thence southerly with the center line of Baltimore-Washington Parkway to the eastward projection of the center line of Carter's Lane, thence westerly with said projection and the center line of Carter's Lane to the center line of Kenilworth Avenue (Md. 201), thence southerly with the center line of Kenilworth Avenue to the common boundary line of the Town of Edmonston and Town of Riverdale Park, thence westerly with said projection and the common boundary line of the Town of Edmonston and Town of Riverdale Park to the intersection of the Edmonston and Riverdale Park town incorporated lines, thence southerly, westerly and northerly with the common boundary line between Riverdale Park and Edmonston to the Hyattsville-Riverdale Park common boundary line, thence continuing westerly and northerly along said common boundary line to the center line of East-West Highway (Md. 410) and the University Park-Hyattsville common municipal boundary line, thence westerly with the center line of East-West Highway to the center line of Adelphi Road, thence northerly with the center line of Adelphi Road to the point of beginning.

Beginning at the intersection of the center lines of Good Luck Road and 96th Avenue, thence southerly with the center line of 96th Avenue to the center line of Lanham-Severn Road (Md. 564), thence northeasterly with the center line of Lanham-Severn Road to the center line of Glenn Dale Road, thence southerly with the center line of Glenn Dale Road to the center line of Annapolis Road, thence westerly with the center line of Annapolis Road to the center line of Martin Luther King, Jr. Highway, thence westerly and southwesterly with the center line of Martin Luther King, Jr. Highway to the center line of Bald Hill Branch, thence southeasterly with the center line of Bald Hill Branch to the center line of Ardwick-Ardmore Road, thence northwesterly with the center line of Ardwick-Ardmore Road to the center line of Martin Luther King, Jr. Highway, thence southwesterly with the center line of Martin Luther King, Jr. Highway to the center line of Landover Road (Md. 202), thence westerly with the center line of Landover Road to the center line of CONRAIL (formerly the Pennsylvania Railroad), thence northeasterly with the center line of CONRAIL to the center line of John Hanson Highway, thence westerly with the center line of John Hanson Highway to the center line of Ardwick-Ardmore Road, thence northwesterly with the center line of Ardwick-Ardmore Road to the center line of Annapolis Road (Md. 450), thence northeasterly with the center line of Annapolis Road to the center line of Finns Lane, thence northwesterly with the center line of Finns Lane to the center line of Riverdale Road, thence westerly with the center line of Riverdale Road to the center line of Auburn Avenue, thence northeasterly with the center line of Auburn Avenue to the center line of Good Luck Road, thence easterly with the center line of Good Luck Road to the point of beginning.

Beginning at a point where the boundary line between Prince George's and Montgomery Counties is intersected by the center line of Mt. Pisgah Road, thence southeasterly with the center line of Mt. Pisgah Road to the center line of Adelphi Road, thence southeasterly with the center line of Adelphi Road to the center line of Wells Parkway, thence easterly with the center line of Wells Parkway to the center line of Clagett Road, thence easterly with the center line of Clagett Road to the center line of Clagett Pineway, thence easterly with the center line of Clagett Pineway to the center line of Pine Way, thence northerly and easterly with the center line of Pine Way to the center line of Baltimore Avenue (U.S. Rt. 1), thence southerly with the center line of Baltimore Avenue to the common municipal boundary line of College Park and Riverdale Park, thence with said boundary line easterly, northerly and easterly to the center line of Calvert Road, thence southeasterly with the center line of Calvert Road to the center line of Good Luck Road, thence easterly with the center line of Good Luck Road to the center line of Cipriano Road, thence northerly with the center line of Cipriano Road to the center line of Greenbelt Road (Md. 193), thence easterly with the center line of Greenbelt Road to the center line of Soil Conservation Road, thence northerly with the center line of Soil Conservation Road to the center line of Beaver Dam Road, thence westerly with the center line of Beaver Dam Road to the center line of Beaverdam Creek, thence westerly with the center line of Beaverdam Creek to the center line of Edmonston Road (Md. 201), thence northerly with the center line of Edmonston Road to the center line of Sunnyside Avenue, thence westerly with the center line of Sunnyside Avenue to the center line of the Baltimore and Ohio Railroad, thence southerly with the center line of the Baltimore and Ohio Railroad to the center line of the Capital Beltway, thence westerly with the center line of the Capital Beltway to the center line of Cherry Hill Road, thence northwesterly with the center line of Cherry Hill Road to the center line of Powder Mill Road, thence southwesterly with the center line of Powder Mill Road to the boundary line between Prince George's and Montgomery Counties, thence southwesterly with said boundary line to the point of beginning.

The National Electrical Code (NEC), 2020 Edition, published by the National Fire Protection Association, is hereby adopted by reference and made a part of this Subtitle with the same force and effect as though set out in full herein as the Official Electrical Code of Prince George's County, together with the changes, deletions, or modifications prescribed in this Subtitle. All electrical work performed or contracted to be performed in the County shall be included within the authority of this Subtitle.

This Code contains provisions that are considered necessary for safety. Compliance therewith and proper maintenance result in an installation that is essentially free from hazard but not necessarily efficient, convenient, or adequate for good service or future expansion of electrical use. The authority having jurisdiction for enforcement of this Code has the responsibility for making the determination as to whether or not an installation and/or equipment is efficient, convenient, safe, or adequate.

The term "the authority having jurisdiction for enforcing this Code" as used in the National Electrical Code shall mean the Director and/or representative of the Department of Permitting, Inspections, and Enforcement. Where the name of the jurisdiction is to be indicated in any Section of the Code, the name to be substituted therein shall be "Prince George's County, Maryland." For the purposes of this Division, the following words, terms and phrases shall have the meaning given for them in Section 2-253.50 of this County Code: Board; Department; Director; Electrical Contractor; Electrical Contractor, Limited; Electrical work; Master Electrician; Master Electrician, Limited; Journeyman Electrician; Apprentice Electrician; Electrical Subcontractor; Electrical Subcontractor, Limited.

Any provision of the National Electrical Code adopted by Section 9-101 of this Subtitle shall be subject to change, modification, addition or omission as set out in Subdivision 2, and such change, amendment, addition or deletion shall be deemed to supersede the text of the Electrical Code in any case where the provisions of this Subtitle are interpreted.

The following amendments, additions, and/or deletions are made to Section 110.26 of the National Electrical Code: Section 110.26(D), "Illumination," is amended to read as follows: In addition to Article 110.26(D) and Emergency Illumination, Section 700.16, in all commercial occupancies, a wall mounted battery pack operated emergency illumination shall be provided for all working spaces about service equipment, switchboards, panelboards, load centers and motor control centers installed indoors. The battery shall be of suitable rating and capacity to supply and maintain the total load for a minimum period of 2 hours.

For residential and commercial applications, in locations where electrical equipment is likely to be exposed to physical damage by vehicles, electrical equipment shall have vehicle impact protection per 2021 International Building Code ("IBC") 1607.10, or as per 2021 International Residential Code ("IRC") E3404.10.

The following amendments, additions, and/or deletions are made to Article 250 of the National Electrical Section 250.52(A)(1) Metal Underground Water Pipe. A metal underground water pipe in direct contact with the earth for 3.0 m (10 ft) or more (including any metal well casing bonded to the pipe) and electrically continuous (or made electrically continuous by bonding around insulating joints or insulating pipe) to the points of connection of the grounding electrode conductor and the bonding conductor(s) or jumper(s), if installed. Grounding electrode conductor shall be bonded to water pipe within 5 feet of where cold water pipe enters the structure. Section 250.52(A)(2) Metal In-ground Support Structure(s). One or more metal in-ground support structure(s) in direct contact with the earth vertically, with or without concrete encasement. If multiple metal in-ground support structures are present at a building or a structure, it shall be permissible to bond only one into the grounding electrode system. Informational Note: Metal in-ground support structures include, but are not limited to, pilings, casings, and other structural metal. Section 250.52(A)(3), "Concrete - Encased Electrode," is amended to read as follows: All new structures, both residential and commercial, require a concrete encased electrode to be used as the principal grounding electrode system.

The following amendments, additions, and/or deletions are made to Article 310 of the National Electrical Code: The following paragraph is added to Section 310.10, "Uses Permitted:" (C) Aluminum or copper-clad aluminum conductors. Aluminum or copper-clad aluminum conductors shall be permitted only for service and feeder use and shall not be smaller than #2 AWG. The following exception is added to Section 310.10, "Uses Permitted:" Listed Cable assemblies #2 aluminum or copper-clad aluminum conductors AWG and larger installed in single-family and multifamily dwellings, having grounding conductors sized in accordance with Section 250.122, "Size of Equipment Grounding Conductors," shall be excluded from the requirements set forth in (a)(l), above.

The following amendments, addition, and/or deletion are made to National Electrical Code article 110.3, 110.3(B). The use of the Non-UL listed SMA and any other manufacturer Power Supply/PV Inverters is NOT approved for installation in Prince George's County. This determination has been made after working with Underwriters Laboratories (UL). Until acceptable evidence that overcurrent protection of the circuit is provided, as required by UL 1741 and UL1699B, Section 30.3, as well as with articles of NFPA 70, including Article 110.3(B).

The following amendments, additions, and/or deletions are made to Article 408 of the National Electrical Code: All commercially owned occupancies including dwelling units having electrical equipment with a capacity of eight hundred (800) amperes or larger, shall undergo maintenance, cleaning and inspection as described by the manufacturer: every three (3) years by a master electrician licensed by Prince George's County. The master electrician must promptly prepare a written maintenance report identifying the equipment inspected and cleaned including any conditions to be corrected and or repaired. A copy of the report shall be delivered to the owner within in 10 days of the inspection. Any deficiencies noted thereon must be corrected or repaired. Moreover, a copy of the "Maintenance/Cleaning Inspection Report shall be made available to the Department of Permitting and Inspections upon request. If such maintenance or cleaning requires a coordinated shut down with the servicing utility company, an electrical permit shall be required. The maintenance and cleaning includes but is not limited to the following: Vacuum entire interior of electrical equipment; Clean busbars and contacts with a suitable nonconductive solvent; Lubricate and exercise all moving mechanisms; apply anti-oxidizing agents as warranted; Check all conductors for abrasions; Busbars and busbar connections shall be subjected to thermographic testing, if corrective action is warranted, repair shall be made in accordance with recommended manufacturer specifications; Replace worn, damaged, or deteriorating components; and Test ground-fault protective device. Testing and cleaning records shall be kept and made available upon request and proper antioxidizing agents shall be used after each cleaning. On all new and renovated installations requiring service and distribution electrical equipment, Electrical Contractor shall provide a Letter from utility company stating the short circuit available interrupting current (SC AIC) rating required for the service equipment to inspector at the TPF inspection. Upon final inspection of all electrical work the electrical contractor shall provide letter certification of electrical connection tightening per manufacturer requirements and recommendations.

The following amendments, additions, and/or deletions are made to Article 408 of the National Electrical Code: Article 408.36, "Overcurrent Protection," Exception No. 2 is amended to read as follows: For existing installations, split-bus panelboards shall be required to be replaced by a main over-current protective device panelboard when replacement of service entrance conductors occurs.

The following amendments, additions, and/or deletions are made to Article 410 of the National Electrical Code: The following addition is made to paragraph (B) of Section 410.36: All "lay-in" luminaires will require independent suspension to ensure that the luminaire will not drop more than nominally two (2) or three (3) inches when the framing members no longer provide the support. Number 12 WG wire firmly secured to the building structure and the luminaire is required for this purpose. Two (2) restraining wires (one (1) at each opposite end of the luminaire) are required for luminaries smaller than 2×4 and four (4) restraining wires (one (1) at each corner) are required on all luminaries 2×4 and larger. Other types of lay-in fixtures and surface mounted fixtures mounted on drop ceiling shall be support based on the fixture area to preclude the danger of falling when the framing members fail or are removed (e.g., hi-hat luminaire). A state certified modular building is subject to comply with MPC (Model Performance Code), COMAR 09.12.50 only and is not subject to local ordinances. The installation of the luminaires and inspection of same shall be completed at the factory and shall be done in accordance with the MPC therefore it would not be subject to local amendments.

The following amendments, additions, and/or deletions are made to Article 450 of the National Electrical Code: The following paragraph is added to Section 450.14: A means of disconnecting the primary shall be located "within sight" of any dry-type transformer meeting the requirements of 450.21(A), (B), and (C).

The following amendments, additions, and/or deletions are made to Article 700 of the National Electrical Code: Section 700.5(A) is amended by the addition of the following sentence: All Emergency Systems such as panelboards, motor control centers, load centers, disconnects, transformer and Transfer equipment shall be separated from normal power distribution system by a wall or wall(s) with a minimum fire rating of two (2) hour(s).

The following amendments and/or additions are made to Article 700 of the National Electrical Code. A connection ahead of service disconnecting means is not permitted as an emergency circuit except as permitted by Section 9-109.01 of this Code.

The following amendments, and/or additions are made to Article 695 of the National Electrical Code: A fire pump shall be supplied by a separate service from the utility transformer. A fire pump shall be permitted to be supplied from a connection located ahead of the service disconnecting means when a back-up on-site generator is used as an alternate power source to feed the fire pump. Electrical requirements for Diesel Fire Pump Controller Power Source per NFPA20: Diesel Fire Pump controller shall be connected to the emergency power source such as standby emergency generator. If there is no Standby Emergency Generator, Diesel Fire Pump Controller shall be permitted to be supplied from the battery. There are two storage battery units shall be provided and rack-supported above the floor, secured against displacement, and located where they are readily accessible for servicing and not subject to excessive temperature, vibration, mechanical injury, or flooding. Storage battery units shall be provided with battery chargers specifically listed for fire pump service, arranged to automatically charge at the maximum rate whenever required by the state of charge of the battery, and arranged to indicate loss of current. For diesel driven fire pumps, verify that the following alarms related to battery are provided on the controller and operative: Battery failure/battery missing; Battery charger failure.

An official record shall be kept of all business and activities related to the Electrical Code and enforcement thereof including permits, fees and inspection reports, and all such records shall be open to public inspection at all appropriate times.

No person shall perform electrical work until a permit has been obtained and a copy has been posted at the job site or presented to the owner or occupant. The work must be done under the personal and technical supervision of a licensed Master Electrician or Master Electrician, Limited, or a licensed Refrigeration, Air Conditioning and/or Heating Contractor. No permit shall be required for in-kind/in-place replacement of existing receptacles, switches or lighting fixtures not exceeding a combination of five (5) devices per structure.

All applications for permits shall be in writing, on such form as may be prescribed by the Department, and shall describe the work to be done and the location thereof. All applications for permits shall be accompanied by plans and specifications as specified in Section 9-115 and the fee set forth by the Director and/or representative. Electrical permits shall only be issued to a duly licensed Master Electrician, or Master Electrician, Limited, or a duly licensed Refrigeration, Air Conditioning and/or Heating Contractor, except as provided in Section 9-117.

Approved plans are plans which have been reviewed by the Director and/or representative and have been found to be consistent with Code requirements and accepted practices. Approved plans shall be stamped "Approved" and at least one (1) set of such approved plans shall be retained by the Department and the other set shall be kept at the building site, open to inspection of the Director and/or representative at all reasonable times.

An application for a permit shall be accompanied by specifications and of plans which use symbols and notations commonly accepted by the electrical industry to show the nature and character of the work to be performed. The Director and/or representative may waive the requirement for filing plans when it is determined that the work is of a minor nature. No plans shall be required when a building permit application has been filed in accordance with Subtitle 4 of this County Code.

When temporary emergency repairs necessitate replacement or alterations to an electrical installation in residential or small industrial uses, such work may be commenced by a properly licensed Master Electrician or Master Electrician, (Limited), without a permit; provided, that the person doing the same shall first inform the Department, if the Department's office is open, giving name and address and the address where the work is to be done, the nature thereof, and the appropriate time of commencement of the work. In each case, such person shall file an application for a permit covering the work no later than the following business day.

Except as restricted to the type of work as delineated below, the property owner is permitted to perform electrical work on his or her own premises; and the work is limited to a in kind, in place replacement of lighting fixtures, receptacles and switches combination of five (5) devices or less. Provided, that such premises are used only for a single-family residential dwelling. The owner shall meet the following requirements: The owner shall apply for, pay the required fee, and secure an electrical permit required by this Subtitle. The owner shall do such work in accordance with the provisions of this Subtitle and work description narrative submitted with the permit application. The owner shall apply for all inspections required by this Subtitle. The owner shall be living on the premises, or declare an intention to occupy the premises for a minimum of one (1) year. The owner shall receive a final certification of inspection. Personal installation by an owner, other than by a licensed electrician, shall be by the owner on his own premises and without compensation from or to any other person for such labor or installation. The owner exercising this privilege shall conform to all requirements of this Subtitle. The following electrical work is not permitted to be performed under a homeowners permit: Installation of New Service; Service Heavy-Up; Service Panel Change; Relocation of Service Panel and/or Meter; Relocation of Service Drop or Lateral; or Installation of subpanels. Personal installation by an owner, other than by a licensed electrician, shall be by the owner on his own premises and without compensation from or to any other person for such labor or installation. The owner exercising this privilege shall conform to all requirements of this Subtitle. Requirements affecting the 2020 NFPA 70 National Electrical Code section 408, "Switchboards, Switchgear, and Panelboards." For an existing installation of a split-bus panelboard it shall be required to replace the split-bus panelboard with a main overcurrent protective device when replacement of service entrance conductor occurs.

Each electrical permit issued pursuant to this Subtitle shall describe the installation to be done thereunder. Except as provided by Section 9-116, no person shall install or repair any electrical equipment other than in accordance with the permit. Except as provided by Section 9-117, all work done under such permit shall be performed under the technical supervision of a licensed Master Electrician or Master Electrician, Limited, as identified on the permit. All permits shall expire and be void unless the work authorized thereunder is either commenced within six (6) months from the date of issuance or there are no inspections made in a six (6) month period. Any permit issued with administrative errors which are the result of information provided by the applicant, such as incomplete listing of work accomplished, wrong address, or wrong owner, shall be revised prior to a final inspection. A fee of Fifty-Four dollars, plus a 10% Technology fee, as amended in Subtitle 2-253.63 Fee Table, is imposed for a permit revision in addition to the increased scope of work.

The Electrical Contractor or employees shall provide, at the job site, the number(s) of any permit(s) issued, upon request of the Department.

The Director shall revoke, without refund of the permit fee, an electrical permit which is issued on an application or plans containing any false statement or misrepresentation of fact immediately upon discovery of such false statement or misrepresentation of fact therein.

The fees for electrical permits and inspections of electrical installations pursuant to this Subtitle shall be adopted by resolution. The County Executive shall propose and recommend to the County Council a schedule of fees that reflects the actual costs associated with administering and inspecting work performed pursuant to permit. The Council shall conduct a public hearing prior to adopting the schedule of fees and may amend the schedule of fees prior to adoption.

Whenever a change of electrical contractor occurs, the property owner, developer, or general contractor must inform the County by letter of such change. The letter should be addressed to the Director and/or representative and should include the following: electrical permit number(s), addressee(s), the last type of inspection if any, the reason for changing contractor, and the new contractor if selected. A copy of this letter should also be sent to the utility providing electric power when service work is included on the permit(s). Subsequent to receipt of this letter a "change in contractor" type of inspection will be made. When the inspection is completed and before resuming work, the new contractor must obtain a new permit at a cost to be determined by the Director and/or representative. Whenever any electrical work for which a permit is required has been started prior to obtaining a permit, a special investigation shall be made before an application may be filed to request the required permit. In addition to the filing fee and regular permit fee, an investigation fee of One Hundred Eighty Dollars, plus 10% technology fee as amended in Subtitle 2-253.63 Fee Table for residential work and Three Hundred Dollars, plus 10% technology fee as amended in Subtitle 2-253.63 Fee Table for commercial work shall be paid at the time of filing the application for the required permit. Whenever work under a permit has been placed, partially completed, or concealed without first obtaining the required inspection approval, the Director and/or representative shall cause a special investigation to be made. The fee for the special investigation shall be One Hundred Eighty Dollars, plus 10% technology fee as amended in Subtitle 2-253.63 Fee Table for residential and Three Hundred Dollars, plus 10% technology fee as amended in Subtitle 2-253.63 Fee Table for commercial and shall be payable before further inspections will be provided. Whenever an inspection is requested which cannot be rendered because the work has not been completed, a reinspection fee of Sixty-Six Dollars plus 10% technology fee as amended in Subtitle 2-253.63 Fee Table will be assessed against the contractor.

A rough-wiring inspection is required before concealment. Upon completion of an electrical installation, a request for final inspection shall be made to the Department within seventy-two (72) hours of completion. The Department shall complete any commercial electrical inspection within three (3) working days of such request.

No electric light or power company shall energize any customer's electric lines, outlets or devices within the County until a temporary or permanent meter cut-in certificate has been issued by the Department. This Section does not apply to facilities of the Washington Suburban Sanitary Commission that are used to dispense their services to the public.

For the purpose of this Division, the following words, terms, and phrases shall have the meaning given herein: Alarm Business means any business which sells, installs, leases, maintains, repairs, replaces, alters, services, monitors, or responds to an alarm system. Alarm Signal means the activation of an alarm system. Alarm Site means a single premises or location served by an alarm system. Each tenancy, if served by a separate alarm system, in a multitenant building shall be considered a separate alarm system. Alarm System means a device or series of devices, including, but not limited to, systems interconnected with radio signals, which are designed to emit or transmit a remote or local audible, visual, or electronic signal indicating an alarm condition. Alarm system includes devices activated automatically, such as burglar alarms, and devices activated manually, such as holdup and duress alarms. Alarm System does not include Fire Alarm Systems and Alarm Systems which monitor temperature, humidity or any other condition not directly related to the detection of an unauthorized intrusion into a premises or an attempted robbery at a premises; an alarm installed on a vehicle; or an alarm designed to alert only the inhabitants of a premises that does not have a sounding device which can be heard on the exterior of the premises. Alarm user means the person who uses an alarm system at the person's alarm site. Automatic Dialing Device means any device which is interconnected to a telephone line and is programmed to select a predetermined telephone number, then transmit a prerecorded voice or code message signaling the existence of entry or criminal activity at the protected premises. Central Monitoring Station means a commercial company whose primary business is monitoring alarm signals and performing contracted services for alarm users. Certification or Certified means the system has been inspected by a licensed burglar and holdup alarm contractor or technician licensed in Maryland and/or Prince George's County and that the system meets all the requirements of this Code and all other applicable national or local codes. Chief of Police or Chief means the Chief of the Prince George's County Police Department or designee. Control Panel means the central processing unit designed to manage and control an alarm system. Direct Connection (hard-wired) means an alarm system, either silent or audible, that transmits an alarm signal via interconnecting wires to a remote location dedicated to that purpose. Dual Technology Sensor means a single device that is manufactured to require two simultaneous inputs by two different technologies to cause alarm activation. Duress Alarm means the deliberate activation of a silent alarm by entering at a touchpad a code different from the normal arm/disarm code, or by a separate deliberate act at other device(s). False Alarm means any request for immediate Police Department assistance which is not in response to actual or threatened criminal activity or activation of an alarm system which results in an emergency response by the police to an alarm site for which the responding police officer finds no evidence of a criminal offense or attempted criminal offense at the alarm site. An emergency response to an alarm signal which is cancelled by the alarm user or alarm business prior to the time the responding police officer reaches the alarm site shall not be considered a false alarm. False alarms include negligently or accidentally activated signals; signals which are the result of faulty, malfunctioning, or improperly installed or maintained equipment; or signals which are purposely activated to summon the police in nonemergency situations. Holdup Alarm means a silent alarm generated by the deliberate activation of a holdup device. License or permit means a license or permit issued to an alarm business or an alarm system user by the Chief of Police. Local means an alarm system that sounds audibly at the protected premises. Nonresidential or Commercial Alarm User means any alarm user that is not a residential alarm user. Panic Alarm means the deliberate activation of an audible alarm. Police Connection means direct connection in which the remote location is a police facility. Residential Alarm User means the occupant of any dwelling unit with an alarm system. Silent Alarm means an alarm system that has no audible sound at the protected premises. Touchpad means a device that allows control of an alarm system by the manual entering of a coded sequence of numbers or letters. Wireless System means those types of systems which transmit electromagnetic waves or messages through the air from remote sensor devices to the control panel to indicate a condition exists for which an alarm signal should be sounded or from a control device to arm/disarm the system, activate the alarm signal or reset the system.

All burglar and holdup alarm systems shall be installed and serviced only by persons licensed as burglar and holdup alarm contractors. The contractor shall have a Master Electrician's License or a Master Electrician's License, Limited, in addition to an Alarm Business License. Prior to requesting final inspection approval of an alarm system, the burglar and holdup alarm contractors shall certify that each new burglar and holdup alarm system has been installed in accordance with the provisions of Sections 9-118 and 9-203; that it has been inspected and found to be operating normally; and that the alarm user has been instructed with regard to the system operation. Each alarm installation shall be thoroughly inspected by a licensed contractor upon request of the Chief after a false alarm has occurred and there is no explainable reason for the false alarm. Where an alarm system is malfunctioning, the alarm user shall either turn the alarm system off or have it repaired promptly by a licensed contractor.

In addition to the requirement set forth in the National Electrical Code, alarm systems shall be subject to the following requirements. Where there is a conflict with the most recently adopted edition of the NEC, the most stringent requirement will apply. Power Supply. Every alarm system must have standby power sufficient to operate the system in a non-alarm status (without being the cause of an alarm activation) for a minimum of four hours. Every alarm system must have a U.L. 1449 listed (or better) surge protector installed between the transformer and: The 110 voltage source used to supply power to the master control panel; and Any power device connected to the system but powered separately. Any alarm system that has a multiphase power service and a dedicated transformer to that premises (building) only does not require surge protection as described above. Every residential alarm system control panel must have either: Push on/pull off connectors to the battery and a description of the transformer location permanently affixed to the inside of the control panel; or An on/off switch that disconnects the battery and the transformer from the central processing unit inside the control panel. Transformers must be affixed to an electrical outlet. Every alarm system must have a supervised standby power supply that causes a local annunciation when standby power falls below the manufacturer's recommended specifications. Grounding. Every alarm system must be grounded under NEC (National Electrical Code), NBFAA (National Burglar and Fire Alarm Association), U.L. 681, or manufacturers' standards. Sensors, Actuators, and Signal Devices. Any door or window contact installed for the purpose of activating the alarm system must be hermetically sealed if used on solid state control panels. Any holdup alarm (requiring push button activation) must use simultaneous two-button activation or a keyed manual reset after activation. Any panic or medical/emergency alarm activation must cause an audible alarm. All audio detection devices must be either volumetric sound detectors with operator analysis or detectors that require two different inputs within one-half second (or less) to generate an alarm. Any residential alarm system with an audible alarm must have a sufficient number of sound generating devices to alert or awaken all normal hearing occupants within the alarm user's premises that an alarm has been activated. Every alarm system using a digital communicator must have a proper phone interface device as required by FCC accessible to the alarm user and mounted within 24 inches of the control panel. Any audible alarm must automatically silence the annunciator within 30 minutes after activation. Alarm Housings and Control Units. All alarm system equipment shall be either Underwriters Laboratory or Factory Mutual listed. All alarm system equipment shall be used only for the purpose intended by the manufacturer and installed per manufacturers' specification. Any alarm system that has a touchpad or other device designed to allow the user to activate the alarm (when in the disarm mode) must be configured as follows: AUDIBLE SILENT (a) Panic (d) Duress (b) Fire (e) Holdup (c) Medical/Emergency

Wiring. All alarm system wiring must meet NEC (National Electrical Code) standards and be a minimum of 22 gauge, or meet manufacturer's specifications (whichever is the higher standard). Wiring run through plenum ceilings must be plenum rated. Any wire splice must be "hot" soldered and taped, or "B" connected according to manufacturers' specifications. "B" connectors must not be crimped with other than a tool recommended by the manufacturer.

Permit. Every alarm user shall obtain an alarm user permit for each alarm system he operates on commercial or residential premises within this County from the Chief of Police. No permit will be issued for any system utilizing an Automatic Dialing Device which is programmed to transmit a prerecorded message or code signal directly to a telephone number assigned to the Prince George's County Police Department. Disclaimer. Registration of an alarm system is not intended to, nor will it, create a contract, duty, or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity, as provided by law, is retained. By registering an alarm system, the alarm user acknowledges that police response may be based on factors such as: the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, or staffing levels. Alarm User Permit Application. Residential Alarm User Permit Application. Each application or application for renewal for a residential alarm user permit must contain, but is not limited to, the following information: Registration Number assigned by the County (if renewal); Name, address, telephone number of the alarm user; Dangerous or special conditions information at the alarm site; Type of alarm system: burglary, robbery, panic, duress, medical alert, etc.; Names, addresses, and telephone numbers of two (2) persons (an alarm business will be acceptable in lieu of one (1) person) who are able to and have agreed to: Receive notification of an alarm activation at any time; Respond to the alarm site within one (1) hour; and Grant access to the alarm site and deactivate the alarm system if such becomes necessary; Name, address, and telephone number of alarm business that installed and/or monitors the alarm system, if applicable. A statement as to whether the alarm user has ever previously registered an alarm system in Prince George's County; An acknowledgment that they must keep a copy of the alarm permit application form and installation certificate or certification at the alarm site and must produce such registration information for inspection upon reasonable request by the Chief of Police; Any other information deemed necessary by the Chief of Police. Commercial or Nonresidential Alarm User Permit Application. Each application or application for renewal for a commercial or nonresidential alarm user permit must contain, but is not limited to, the following information: Registration Number assigned by the County (if renewal); Nonresidential alarm user's name and trade name, if different; Employer ID number (EIN); Street address where alarm system is located, including room or suite number; Telephone number at the alarmed location.; Type of business or activity conducted at the alarmed location; Type of alarm system: burglary, robbery, duress, panic, etc.; Dangerous or special conditions information at location; Parent company name, address, and telephone number; Name and telephone number of person responsible at the parent company location for the alarm system at the alarm site; Names, addresses, and telephone numbers of three (3) persons (an alarm business will be acceptable in lieu of one (l) person) who are able to and have agreed to: Receive notification of an alarm activation at any time; Respond to the alarm site within one-half (1/2) hour; and Grant access to the alarm site and deactivate the alarm system if such becomes necessary;. Name, address, and telephone number of alarm business that installed and/or monitors the alarm system, if applicable; A statement as to whether the alarm user had ever previously registered an alarm system or been issued a permit in Prince George's County; An acknowledgment that they must keep a copy of the alarm permit application form and installation certificate or certification at the alarm site and must produce such registration information for inspection upon reasonable request by the Chief of Police; Any other information deemed necessary by the Chief of Police. The information in the application shall be maintained current at all times. Any changes in the application information must be forwarded to the Chief within ten (10) days. The alarm user shall make provision for silencing the local audible alarm within one-half (l/2) hour from the time the signal is received by the Police Department, either automatically or by one of the authorized persons. It shall be the responsibility of the alarm user to insure that the system is properly operated, maintained, inspected, and repaired as required herein. An alarm user permit is valid only for the premises registered and is not transferable to another alarm user or premises. A new permit must be obtained for each alarm site. Exemptions. Local, State, or Federal government facilities are exempt from payment of permit fees and false alarm response fees, but are requested to register alarm site specified in this Division if Prince George's County police personnel are normally expected to respond to alarms at these facilities. Alarm User Permit Fees. Commercial. Initial Permit Fee. There shall be a Fifty Dollar ($50.00) nonrefundable, commercial alarm permit fee for the first two years. The fee may be paid by the alarm user or the alarm business. Payment shall accompany the application. Permit Renewal Fee. Beginning with the third year, there shall be a nonrefundable biennial commercial alarm renewal fee of Fifty Dollars ($50.00). The fee may be paid by the alarm user or the alarm business. Payment shall accompany the application. Residential. Initial Permit Fee. There shall be a Twenty Dollar ($20.00) nonrefundable, residential alarm permit fee for the first two years. The fee may be paid by the alarm user or the alarm business. Payment shall accompany the application. Permit Renewal Fee. Beginning with the third year, there shall be a nonrefundable biennial residential alarm renewal fee of Twenty Dollars ($20.00). The fee may be paid by the alarm user or the alarm business. Payment shall accompany the application. If an alarm user permit has been revoked or suspended, a reinstatement fee of One Hundred Dollars ($100.00) must accompany a reinstatement application. The information contained in an alarm user permit application required by this Section and other information received by the Chief of Police through correspondence or communications with an alarm user shall be securely maintained and restricted to inspection only by police officers or County employees specifically assigned the responsibility for handling and processing alarm user permits in the course of official duties. If any employee of the County is found to have knowingly or willfully revealed the information contained in an alarm user permit application or in correspondence or communications with an alarm user to any other person for any purpose not related to this Subtitle or official law enforcement matters and without the express written consent of the alarm user supplying such information, the County employee shall be guilty of a misdemeanor. Any alarm user who operates an alarm system without first obtaining a permit as required by this Section, or who, after having a permit revoked or suspended, or is indebted to the County for false alarm fees and/or fines incurred by the alarm user under the current or a previous permit and after exhausting his rights to hearing and appeal, fails to disconnect the alarm system shall be in violation of this Division.

For each false alarm from the alarm user's alarm system, an alarm user shall pay a false alarm response fee, as set forth in the following table: FALSE ALARM SIGNAL OCCURRENCE FALSE ALARM RESPONSE FEE 1st or 2nd No fee 3rd, 4th, 5th, or 6th $50.00 7th, 8th, or 9th 100.00 10th, 11th, or 12th 150.00 13th or greater 200.00

False alarm response fees are payable within ten (10) days of the receipt of the notification that fees are due. The failure to pay the false alarm response fee within thirty (30) days of notification shall be grounds for revocation or suspension of such permit. Fees not paid within sixty (60) days shall be referred to the County Attorney for collection. After an alarm user's alarm system has six (6) or more false alarms in a 12-month period, the alarm user must have the alarm system recertified by a licensed burglar and holdup alarm contractor. This recertification, along with a Twenty-five Dollar ($25.00) recertification fee, shall be submitted to the Chief within thirty (30) days after receipt of the notice that recertification is necessary. Failure to have an alarm system recertified as required by this Section shall be grounds to place the alarm user's system in a police nonresponse status or to revoke or suspend the alarm user's permit. After an alarm user's alarm system has twelve (12) or more false alarms in a 12-month period, the alarm user must have the system upgraded to meet current County standards or upgraded to a more reliable system technology which shall include, but not be limited to, the installation of dual technology sensor devices. System upgrading must be accomplished within thirty (30) days after receipt of the notice that system upgrading is required. The system upgrade must be accomplished by a licensed burglar and holdup alarm contractor. The alarm system user shall submit a certification of the system upgrade, along with a Fifty Dollar ($50.00) certification fee, to the Chief. Failure to have a system upgraded as required by this Section shall be grounds to place the alarm user's system in a police nonresponse status or to revoke or suspend the alarm user's permit. False alarm response fee waiver. A false alarm response fee may be waived if the alarm system was activated by an act of God, including violent conditions of nature, such as blizzards, earthquakes, high intensity winds, extreme thunderstorms, lightening, electrical surges, or other extraordinary circumstances not reasonably subject to the control of the alarm system or alarm user. The request for a waiver of the false alarm fee shall be made in writing and shall include a statement which details the reason, if known, for the false alarm. If it is determined by the Chief that a false alarm signal was due to an event beyond the reasonable control of the alarm user, the alarm signal event shall not be considered a false alarm and the fee shall be waived. If alarm signals were caused by a malfunctioning alarm system which caused two or more false alarms in a twelve-hour period and the alarm user and the alarm monitoring business exercised their best efforts to limit alarm signals caused by the malfunction, all false alarms within a single twelve-hour period will be counted as one false alarm. False alarm appeal process and filing fee. An alarm user may appeal the determination by a police officer that an alarm signal was a false alarm to the Chief within ten (10) days after a notice of a false alarm is received by the alarm user. The appeal must be in writing and contain sufficient information to determine whether the responding police officer's determination that the alarm signal was a false alarm was correct. Any appeal must be accompanied by a Twenty-five Dollar ($25.00) filing fee which shall be returned to the alarm user if the alarm signal is not determined to be a false alarm or if the false alarm fee is waived. The Chief shall review the appeal and render a written decision based on the facts presented by the appeal. The Police Department's daily alarm records shall be prima facie evidence that a false alarm has occurred and shall constitute a presumption which may be rebutted by the alarm user. The appeal shall be resolved in favor of the alarm user unless a preponderance of evidence indicates that the alarm signal was a false alarm. Any appeal of the Chief's decision of the Chief to uphold the determination of a false alarm shall be made to the Prince George's County Board of Administrative Appeals. The appeal shall be based on the record developed by the Chief, consisting of the Police Department's reports, the alarm user's written appeal and any documentation submitted therewith, and the Chief's determination. The amount of the false alarm response fee is not appealable. The alarm user must pay the false alarm response fee for a false alarm within thirty (30) days after receipt of the Chief's decision upholding the determination that a false alarm has occurred unless the alarm user appeals the determination to the Board of Administrative Appeals. The Chief shall not hear any appeal regarding a dispute between an alarm user and an alarm monitoring business concerning responsibility for a false alarm or a series of false alarms. Upon receipt of a notice of intent to revoke or suspend an alarm user's permit pursuant to Subsections (e) and (f) of this Section, the alarm permit holder may within ten (10) days of such receipt submit a written request by first class mail, return receipt requested, for a hearing before the Chief of Police setting forth the reasons that his permit should not be revoked or suspended. Written notice of the time and place of the hearing shall be served on the holder of the permit by the Chief of Police by certified mail at least ten (10) days prior to the date set for the hearing. At the hearing before the Chief of Police, the alarm user, or his authorized representative, shall have the right to confront and examine witnesses, and to present evidence on his own behalf. After the hearing, the Chief of Police may either issue an order of revocation, withdraw the notice of revocation, or suspend the permit until reimbursement or such time that he is satisfied that the cause or causes of the false alarms have been eliminated. Any alarm user whose permit has been revoked or suspended pursuant to this Section shall have the right, within ten (10) days after receiving notice of revocation from the Chief of Police, to file a written appeal by first class mail or hand delivery with the Board of Appeals; and no alarm user shall be required to discontinue use of his alarm system prior to the expiration of such ten (10) day period. Such appeal shall set forth the specific ground or grounds on which it is based. The Board of Appeals shall hold a hearing on the appeal within thirty (30) days after its receipt, and shall cause the appellant to be given at least ten (10) days written notice of such hearing. At the hearing, the appellant or his designated representative shall have the right to present written or oral argument, or both, in support of his appeal. The Board of Appeals shall issue its decision within ten (10) days after the hearing. If an alarm user files an appeal pursuant to Subsection (i) of this Section, he shall not be required to discontinue the alarm system until a final decision is made on his appeal. If a monitored alarm system user permit is revoked or suspended, the alarm user's alarm business or monitoring company will be notified by the Chief to not request police dispatch on any alarm signal to the alarm user's location until the alarm user permit is reissued or the suspension is lifted.

The failure of any person to obtain an alarm user permit as required in Sections 9-203 and 9-211 or obey any order of the Chief of Police of suspension or revocation of an alarm user permit after such person has exhausted his rights to hearings or appeals constitutes a misdemeanor punishable by a court of competent jurisdiction by a fine of up to Five Hundred Dollars ($500.00) and/or sixty (60) days in jail. Each day that such violation continues after the expiration of the period allowed for compliance under the provisions of this Subtitle shall constitute a separate offense. In lieu of a violation notice, the Chief of Police may issue a citation pursuant to Subtitle 28, Division 3, to any person or persons who operate, monitor, install, modify, certify, sell, or use a burglar or holdup alarm system in violation of this Division. The citation shall serve as notification to the person that he has committed a civil violation and must pay to the County a monetary fine, subject to the person's right to trial under Section 28-257 of the County Code. The person issued the civil citation shall be subject to a monetary fine of Two Hundred Fifty Dollars ($250.00) for each violation of this Division. Each day a violation continues is deemed a separate offense and is subject to an additional citation and fine. In addition to the other remedies provided herein, the County Attorney, on behalf of the County, may institute an injunction, mandamus, or other appropriate action or proceeding to enforce the provisions of this Division.

Any municipality within Prince George's County may, by the adoption of an Ordinance or Resolution, exempt burglar alarm users within the municipal boundaries from the licensing requirements of Division 2, Subdivision 2 provided that such municipality provides 24-hour per day, 7-day per week on-duty police coverage, and meets such other standards insuring adequate municipal police coverage as the Chief of Police may establish by regulation. The exemption shall be effective upon delivery of a copy of such Ordinance or Resolution to the Chief of Police. When a municipality has exempted burglar alarm users from the application of Division 2, Subdivision 2, the County Police shall not be required to respond to burglar alarms within the municipal limits, but may do so at their discretion.

Any person engaging in an alarm business in Prince George's County must apply to the Chief of Police for a license to operate as an alarm business. Such application must be signed by either the owner of the business for a sole proprietorship, one partner for a partnership, or a corporate officer for a corporation, and must be approved by the Chief. The license application must include: The name, address, Fax and telephone number of the alarm business, it's business organization (Sole Proprietorship, Partnership, or Corporation), and Employer ID number (EIN); The number of active residential and nonresidential alarm customers in Prince George's County with which the alarm business conducts business; The name, address, and telephone number of the official responsible for the operation of the alarm business in Prince George's County; Background criminal history information; Complete list of associated (contracted) alarm businesses, including name, address, telephone number, and alarm business license number, that may alter, install, lease, maintain, monitor, repair, replace, sell at retail, service, or respond to an alarm system in Prince George's County; An alarm business that is incorporated in a state other than Maryland, must include on the alarm business license application form the name and address of the Resident Agent located in Maryland. License applications must be accompanied by a biennial, nonrefundable processing fee of Three Hundred Dollars ($300.00), which will be due and payable biennially on the anniversary of the issuance of the alarm business license. If the alarm business license has been revoked or suspended, a reinstatement fee of One Hundred Dollars ($100.00) plus the regular fee must accompany a reinstatement application. An applicant must not conduct business in Prince George's County until the alarm business license is approved. An applicant must give written notice of any changes to the information contained in the application to the Chief within ten (10) days of the change. Should an alarm business license be suspended, revoked, or refused, the alarm business must notify, by first class mail, within five (5) days, each of its alarm users that the alarm business is unable to request Prince George's County Police dispatch to the user's alarm system for the duration of the suspension, revocation, or refusal. The alarm business must also provide the Chief, by first class mail, within five (5) days, a list containing the name and complete address of the alarm business's registered alarm users. A licensed alarm business must not enter into a contract regarding their business in the County with an alarm business that does not have a valid County alarm business license. The owner, partner, or corporate officer of an alarm business must conduct a criminal history background check on all employees of the alarm business involved in the sale, installation, monitoring, or maintenance of an alarm system. The background check must cover the past seven (7) years. Any licensee or applicant who requests a hearing before the Chief to show cause why an alarm business license should not be revoked or suspended or the license application should be granted or renewed must include an appeal filing fee of $150.00. An alarm business without a current County license must not request a police response to an alarm signal from an alarm system in the County.

The Chief of Police may refuse to grant a license under this Division to an alarm business, and may suspend, revoke, or refuse to renew the license of an alarm business, if he finds that the alarm business: Fails to perform installation, repairs, maintenance, or other work in a workmanlike manner; Regularly provides customers with faulty, defective, or malfunctioning equipment; Requests a police response to an alarm signal when the alarm user has not authorized the alarm business to make the request; Requests a police response to an alarm signal when the alarm business has been notified that the alarm user has not: Registered the user's alarm system as required under Section 9-211; Paid an alarm response fee due under Section 9-212 or appealed the false alarm; Conformed their alarm system to County installation standards under Section 9-202; Does not comply with procedures for requesting a police response to an alarm signal established under Section 9-223; Submits false information on an alarm business license application; Enters into a contract regarding their business in the County with an alarm business that does not have a valid alarm business license; Had a similar license suspended, revoked, or refused in another jurisdiction; Knowingly, after reasonable inquiry, has an officer, manager, agent, or employee involved in the sale, installation, monitoring, or maintenance of alarm systems who has been convicted of a felony, or a misdemeanor involving theft, within the past seven (7) years; or Violates any other provision of this Division; or any other law or regulation relating to the sale installation, monitoring, or maintenance of alarm systems. Before revoking, suspending, or refusing to grant or renew a license under this Section, the Chief must give the licensee an opportunity for a hearing to show cause why the license should not be revoked or suspended, or the license application should be granted or renewed. The licensee or applicant must be given fifteen (15) days written notice of the hearing, by personal service or certified mail delivered to the last address provided by the licensee or applicant. The notice must specify the time, date, and place of the hearing, and must contain sufficient information to give the licensee or applicant notice of the nature of the complaint. The notice must specify that the licensee or applicant has a right to representation by counsel and that the licensee's license may be suspended or revoked or the applicant's license may not be granted or renewed by the County. Any appeal of a decision of the Chief to suspend, revoke, or deny an alarm business license must be made to the Prince George's County Board of Administrative Appeals within ten (10) days after notification of the Chief's decision.

An alarm business that installs, causes to be installed, permits to be installed, alters, maintains, repairs, replaces, services, or monitors any alarm system must ensure that an alarm user has obtained a permit for the alarm system before the alarm system is activated or placed into service. The alarm business must provide a certification to the alarm user that the system has been installed or currently meets the alarm system requirements of Division 2, Subdivisions 1 and 2 of this Subtitle. This certification, which must be submitted with the permit application, must also state that the person designated by the alarm user as responsible for alarm system operation has received training sufficient to prepare the alarm user to operate the system without false alarms caused by improper operation and that the alarm user has been informed that they must obtain a permit from the Chief of Police before police dispatch may be requested by an alarm monitoring business. An alarm business that sells at retail any alarm system or equipment to an alarm user must provide the purchaser the proper alarm user permit information, including, but not limited to, a summary of the alarm user law, the application form and fee information, and the requirement that a certification from a licensed burglar and holdup alarm contractor must accompany the permit application. Procedures to request police response. Before requesting a police response to an alarm signal, an alarm business must attempt to verify every alarm signal, except a duress alarm activation, by a telephone call to the alarm user or other person(s) designated by the alarm user. An alarm business must not request a police response to an alarm signal until the alarm system has been properly licensed. An alarm business must provide the following information when contacting the Police Emergency Communications Center (ECC), to report an activated alarm signal and to request a police response: Name of the alarm business reporting the activated alarm, name or employee number of the alarm business employee making the report, and a toll-free call-back telephone number; Registration number issued to the alarm user; Location of the activated alarm, including complete business or homeowner's name, street address, and telephone number; Type of alarm (such as audible or silent, robbery, hold-up, duress, panic, burglary). If the alarm system is zoned, give the specific location of the alarm activation (such as interior, perimeter, vault, motion detection); Any available information about the nonresidential site (such as if the business is open or closed, guards on site, guard dogs, dangerous or special conditions within the location); Any available information about the residential site (such as if the homeowner is present or out of town, presence of pets, handicapped individuals, etc.); If a representative of the alarm user or alarm monitoring company is responding and their estimated time of arrival. An alarm monitoring business shall not request a police response to an alarm signal if the alarm business has been notified by the Chief that the alarm user has an unpaid alarm response fee due and has not appealed the false alarm, or if the alarm user has been notified that the alarm system does not conform to the installation standards under this Subtitle. An alarm monitoring business must cancel any request for police response immediately when the alarm business determines that the alarm signal is a false alarm. An alarm monitoring business must notify the alarm user or his designee in writing within seventy-two (72) hours after the alarm business requests police response to a signal from the user's alarm system. The alarm monitoring business must keep a record of the date and time for each alarm signal which required a police response and the date, time, and method by which the registered alarm user or designee was notified. Such records must be retained for at least one (1) year and must be made available for inspection within five (5) days, upon request by the Chief or a representative designated to inspect such records.

A system of budget control for the County shall be as outlined in this Division and as prescribed in Article VIII of the Charter.

The fiscal or budget year and the tax year of the County shall begin on July 1 and shall end on June 30 of the succeeding year. It shall be designated by the year in which it ends, such as "Fiscal Year 1970."

Each year the County Executive shall determine an operating budget. The Director of the Budget shall prepare budget instructions, and budget request forms which shall be followed by all County departments and agencies. The departments and agencies shall submit budget requests to the Director of the Budget in accordance with the prescribed calendar, instructions and forms and shall provide such fiscal information as may be determined by the Director of the Budget. In the event that any County Department or agency does not submit its budget request in accordance with the prescribed budget, the Director of the Budget may prepare a budget request for such department or agency based upon its previous fiscal year expenditures.

The Director of the Budget shall annually obtain from the Supervisor of Assessments a statement of the assessed valuation of all real and personal property assessed for County tax purposes in the County as of the last date of finality. The Director of the Budget shall obtain from the Director of Finance a compilation of estimates for the forthcoming fiscal year of all revenues, income and other available funds, and an estimate of collection of revenues and taxes during the current fiscal year.

The Director of the Budget, according to the prescribed budget for each fiscal year, shall submit to the County Executive, on forms prescribed by him, a proposed budget for the forthcoming fiscal year. The budget shall contain, in detail for each class of income and expense, and in summary form, actual amounts for the last completed fiscal year, the budget of the current fiscal year, as amended, the latest estimate of actual income and expense for the current fiscal year, and the proposed departmental and agency estimates of the nature, volume, and other factors relating to its functions, its income and the expenses for the forthcoming fiscal year. The County Executive, after review and revision, if necessary, of the proposed budget, shall not later than March 15 of each fiscal year submit to the Council the proposed budget for the ensuing year. The proposed operating budget shall include the number of permanent full-time and part-time employees in the classified service at or above Grades: 30, S-07, L-06, I-16, H-23, R-23, and D-23 for each department or agency. A supplemental report shall accompany the proposed operating budget which lists all classes of positions by County department or agency at or above Grades: 30, S-07, L-06, I-16, H-23, R-23 and D-23, including position titles and number of positions, filled and vacant, by job title for the last fiscal year, the currently ending fiscal year, and the budget year. For purposes of compliance with the prescriptions of Section 819 of the County Charter, at the time of the submission of the proposed budget for the ensuing fiscal year or, not later than April 1 of each fiscal year, the County Executive shall submit to the County Council a report listing all executory multiyear personal service contracts for the ensuing fiscal year exceeding an aggregate of One Hundred Thousand Dollars ($100,000) per contractor, and all other executory multiyear contracts for the ensuing fiscal year exceeding an aggregate of Five Hundred Thousand Dollars ($500,000) for review, public comment, and approval as part the Council budget approval process. The report shall list each contractor and total contract value of the executory multiyear contract. Any contract listed therein not approved by the Council shall be deemed disapproved.

The Council shall consider the proposed budget and set a time and place for two (2) public hearings. After such hearings and any such amendments as authorized by Section 809 of the Charter, the Council shall by ordinance adopt the budget for the forthcoming fiscal year, appropriate the amount of the expense items, and fix the rates of all special taxes. The number of permanent full-time and part-time positions in the classified service, as enumerated in Section 10-105(b), and funded in the budget document for each agency or department, shall constitute the position authorization for those grade levels for that agency or department shall not be exceeded unless approved in writing by a majority vote of the full Council. In addition, Council approval by majority vote, after a public hearing, of the report listing all executory multiyear personal service contracts for the ensuing fiscal year exceeding an aggregate of One Hundred Thousand Dollars ($100,000) per contractor, and all other executory multiyear contracts for the ensuing fiscal year exceeding an aggregate of Five Hundred Thousand Dollars ($500,000), as enumerated in Section 10-105(c), and funded in the budget document for each agency or department, shall constitute the approval required for such multiyear contracts required by Section 819 of the Charter. The report shall list each contractor and total contract value of the executory multiyear contract. Any contract listed therein not approved by the Council shall be deemed disapproved. After the budget has been submitted to the Executive for his approval or item veto and returned to the Council, and after appropriate Council action has been taken on an Executive veto, if any, the Council shall set by resolution, the County general property tax levy. The levy shall be set forth in such a manner as to show the total property tax rate and that portion of the rate in dollars and cents per one hundred dollars of assessed valuation attributable to the budget for Prince George's County Public Schools. Each County property tax bill shall show in percentage terms the amount of the County Government's portion of each tax bill that is attributable to the budget for Prince George's County Public Schools. Each tax bill shall also show the total County funding for the Prince George's County Public Schools and the total anticipated County revenue from property taxes for the current fiscal year.

The Director of the Budget shall determine the capital and operating budget instructions, and guidelines which shall be followed by all County departments and agencies. Department requests shall include all projects in the nature of permanent public improvements, by construction or acquisition, and plans and surveys relative thereto. The department or agency shall itemize the projects deemed necessary for authorization and commencement during the next fiscal year, separating the amounts to be expended in the next and subsequent fiscal years. The request shall also show, separately and as accurately as possible, estimated requirements in the five (5) years succeeding the forthcoming fiscal year.

The County Executive shall submit to the Council the operating and capital budget proposals as prescribed in Sections 805 and 806 of the Charter. If any revenue in the proposed operating budget is anticipated to be received from a tax or other revenue source which is not authorized by law, or from an increase in the rate of a tax or revenue source which increase requires, but has not yet received, Council approval, the County Executive shall separately identify the amount of revenue anticipated to be received when the additional revenue is authorized by law and recommended contingent appropriation amounts for expenditures proposed to be made if the County Council authorizes the tax or other revenue source or the increased rate in such tax or revenue source.

No County liability shall be incurred or contracted by any department, agency, or employee and no bill or invoice shall be approved or paid, unless the Council has authorized by budget adoption or a specific appropriation to cover payment out of public funds. In addition to the requirements set forth above in Subsection (a) of this Section, no County liability shall be incurred or contracted by any department, agency, or employee and no bill or invoice shall be approved or paid for any multiyear contract not submitted, reviewed, and approved by the County Council pursuant to the notice and hearing prescriptions set forth in Section 819 of the County Charter and Section 10-105 of this Code. Any person willfully violating this provision shall be deemed to be responsible for the contract, debt, or expenditure. The head of the department allowing such action shall be subject to such disciplinary action as the Council shall determine.

A Budget appropriation adjustment shall not be made unless the approval of the Finance Director is previously obtained in writing on the prescribed forms. The Council may, by order, direct the Finance Director to notify the head of any department, or the officials of any agency, that its appropriation has been rescinded, revoked, reallocated, or canceled for any particular budget, object or appropriation during the fiscal year. Supplementary appropriations to any department or agency shall require the approval of the Council upon recommendation of the County Executive.

The Council shall periodically engage one (1) or more independent certified public accountants to make a complete audit and express an opinion therein of all accounts and funds of the County or those under its control or supervision. As soon after the close of the fiscal year as the audit reports are completed, and not exceeding one hundred and twenty (120) days thereafter, a summary statement, following forms approved by the State Commission on Uniform Accounts, shall be published one (1) time in each of two (2) newspapers published in the County.

Except in cases of emergency, as specified in Section 10-151, no purchase order shall be issued and no contract shall be executed, under this Division or otherwise, involving the expenditure of County funds, until the Finance Director has certified, in writing, that there is to the credit of the using department or agency concerned a sufficient amount of unencumbered, appropriated funds, in excess of all unpaid obligations, to defray the amount of such order or contract.

All federal, state, and private grants which were not included in the annual budget of the County or any agency subject to control of the County shall upon receipt be included as a part of the County or agencies budget for the year received, to be expended for the purpose set forth in the grant. Prior to the expenditure of any monies therefrom the agency shall receive approval from the County Executive and County Council. Any unexpended funds shall be included in the next annual budget.

There is hereby established a Spending Affordability Committee which shall be composed of five (5) members. Three members shall be appointed by the County Executive and confirmed by the County Council. Two members shall be appointed by the County Council. The County Executive shall designate one member to serve as chairman of the Committee. Each member shall serve for a period of two (2) years. The terms shall be staggered. The Chief Administrative Officer and the Administrator of the County Council, or their designees, shall serve as ex-officio members of the Committee. The members of the Committee shall, by virtue of their education and employment, have a demonstrated competence in one or more of the following areas: Accounting, Financial Analysis, Economics, Budget and Fiscal Management, Public Finance, Fiscal Planning, or related fields. The County Executive shall provide assistance to the Committee. County agencies shall cooperate at all levels with the Committee in providing information upon request.

The Spending Affordability Committee shall make advisory recommendations to the County Executive, the County Council, and the Office of Management and Budget concerning: Spending affordability; Ways to improve the County's budgetary procedures and policies; and Other related areas upon request of the County Executive or County Council by resolution. On or before October 1 of each year, the committee shall submit to the County Executive and the County Council a preliminary report recommending County spending levels for the next fiscal year consistent with the capacity of the tax base and revenue sources of the County to finance public services and long-term debt. A copy of this report shall be filed with the Clerk of the Council and be made available for public inspection. The report shall provide recommendations for the following spending affordability guidelines: A ceiling on total general fund appropriations for the ensuing fiscal year; Separate maximum general fund spending allocations for: The Board of Education; Debt service; and All other general government expenditures, in the aggregate, for the ensuing fiscal year; and Appropriate levels of general fund reserves and fund balances for the ensuing fiscal year. On or before January 1 of each year, the Committee shall submit to the County Executive and the County Council a final report on spending affordability guidelines for the County Executive's proposed capital and operating budgets for the ensuing fiscal year. This report shall contain the Committee's final recommendations concerning each of the spending affordability guidelines. A copy of this report shall be filed with the Clerk of the Council and be made available for public inspection. In developing the spending affordability guidelines, the Committee shall consider the following factors, among others: Growth and stability of the local economy; Growth in the assessable base and ad valorem property tax revenues; Estimated revenues from the County, State, and Federal governments; Changes in personal income and other measures of tax capacity; Debt affordability indicators such as a ratio of net bonded debt to total assessed value, the ratio of debt service to general fund expenditures, debt per capita, and the ratio of per capita debt to per capita income; The level of inflation and inflation trends; Commercial construction, housing and other ancillary industry-related planning, zoning, permitting, financing, and sales activity; The level of unemployment and labor force trends; and Projected population and school enrollment changes. In developing the proposed capital and operating budgets, the County Executive shall consider the Committee's spending affordability recommendations. If the proposed budget exceeds any of the recommended affordability guidelines, the County Executive must explain in writing the justification for exceeding the recommendations.

There is hereby created a Spending Affordability Committee for the Prince George's portion of the Maryland-National Capital Park and Planning Commission ("the Commission") which shall be composed of three (3) members. The Director of the Office of Management and Budget and the County Auditor shall serve ex officio, and one member shall be a person who is not an employee of the County government or of the Commission. They shall have a background in budgeting, financial planning, public finance, accounting, or a related field and shall be appointed by the County Council for a term of two years. The Committee shall select its own chairman. The County Executive and the Commission shall provide assistance to the Committee. The Commission and all County agencies shall cooperate at all levels with the Committee in providing requested information.

The Spending Affordability Committee shall make recommendations to the County Council concerning: Spending affordability of the Commission; Ways to improve the budgetary procedures at the Commission level and at the Council level; and Other related areas upon request of the County Council or the County Executive. On or before August 31 of each year, the Committee shall submit to the County Council and the County Executive a preliminary report recommending spending levels for each of the Commission tax supported operating funds and guidelines for the Commission's capital budget. Spending levels shall be consistent with the capacity of the tax base and other revenue sources available to the Commission to finance its programs and its long-term debt. A copy of this report shall be filed with the Clerk of the Council and shall be made available for public inspection. The Committee shall also review and comment upon any revised revenue estimate based upon revisions in the assessable base provided by the State Department of Assessments and Taxation. The report shall provide recommendations for the following spending affordability guidelines: A ceiling on total appropriations in the forthcoming fiscal year; Debt service; Appropriate reserves for each of the funds; and The establishment of tax rates necessary to support each of the appropriations referred to in Subsection (b)(1)(A) and such other matters that are relevant to the preparation of the Commission's budget. On or before December 4 of each year, the Committee shall submit to the County Council a final report on spending affordability guidelines for the proposed capital and operating budgets for the forthcoming fiscal year as required by Subsection (b). This report shall contain the Committee's final recommendations concerning spending affordability guidelines and shall, in estimating revenues, utilize the most recent assessable base information. A copy of this report shall be filed with the Clerk of the Council and be made available for public inspection. In developing spending affordability guidelines, the Committee shall consider, where applicable, the factors utilized by the County Spending Affordability Committee as set forth in Section 10-112.22 of the Code. In approving the Commission's capital and operating budgets, the County Council shall consider the Spending Affordability Committee's recommendations. If the proposed budgets exceed any of the recommended affordability guidelines, the Council must explain in writing the justification for exceeding any of the recommendations before enacting the Commission's budgets and levying tax rates required to support them.

The Director of Finance shall keep, be held accountable for and pay over according to law, or upon the directive or order of the Council authorizing disbursement of County funds, the proceeds of all County taxes levied, in the County and all other funds received from the Council or for the County and collected by him. The Director shall keep and pay over to the Treasurer of the State, according to law, all the State taxes levied in the County and collected by him. The Director shall deliver and pay over to all incorporated municipalities within the County and to all governmental agencies or commissions, according to law, all moneys that may have been collected by or come into the possession of the Director and belonging to such municipalities, agencies of commissions, semiannually or more often as may be required by law or deemed advisable by the Director.

The Director of Finance shall keep a full and accurate account of all matters relating to the duties of his office, including taxes and assessments received, money collected and paid out, and vouchers taken therefor. He shall give to the Council a true statement thereof. The Director shall give to the Council, or the accounting officer for the Council, semimonthly or more often as may be deemed advisable by the Director, a report showing: The receipts of all County taxes, and other funds payable to the County, collected by the Director; The deposit of such funds; and, All expenditures or disbursements thereof, on checks prepared for signature of the Director or otherwise, and any investment thereof, if such be the case. Such report shall be prepared on forms for maintenance of a central system of accounts in the Office of Finance, to reflect properly the fiscal status of the County.

Definitions. In this Section, the following terms have the following meanings: County funds means any unexpended monies received by the County or appropriated or approved by the Council or to which the County may at any time have legal or equitable title, provided such funds are not needed for disbursement to pay for the daily operation of government. "County funds" does not include "United States Agency Securities" (defined herein as "bonds issued or guaranteed by United States federal government agencies or bonds issued by United States government-sponsored enterprises (GSEs)"). "County funds" shall not include the unspent proceeds of debt issued by the County, provided that the Office of Finance shall deposit unspent proceeds of debt issued by the County in county-based banking institutions or depositories, minority banking institutions or depositories, or small banking institutions or depositories to the extent it deems fiscally practicable. County-based Banking Institution or Depository is a banking institution or depository classified under North American Industry Classification System (NAICS) Code 522110 whose principal place of business (and location of principal executive offices) is within Prince George's County, MD. Minority Banking Institution or Depository is a banking institution or depository classified under NAICS Code 522110 and recognized by the Federal Deposit Insurance Corporation (FDIC) as a minority depository institution in accordance with the FDIC's operating statement of policy. Small Banking Institution or Depository is a banking institution or depository classified under NAICS Code 522110 and defined as a "small bank" in accordance with 12 CFR Part 228.12. The Director of Finance shall select the banking institutions or depositories, with one or more branch locations within the County, for the deposit of County funds, subject to approval of the Council as to acceptable depositories, without relieving the Director of Finance of liability for security of such deposits according to law. By July 1, 2017, subject to compliance with state law and regulation, at least fifty percent (50%) of County funds, shall be deposited and maintained in county-based banking institutions or depositories, minority banking institutions or depositories, or small banking institutions or depositories. If the Director of Finance determines in writing that the percentage requirement of Subparagraph (1), above, is not practical, it may be adjusted by resolution of the County Council, with concurrence of the County Executive, after public hearing.

The Director of Finance shall disburse County funds, upon the written directive or order of the Council for County purposes, under such procedure as may be prescribed by the Council, according to law. For such purposes, the Director shall sign checks prepared by the Office of Finance drawn on depositories of the Director for payment of all authorized expenditures, when submitted with appropriate approved voucher or directive for payment thereof to be retained by the Director.

The Director of Finance shall invest in short-term United States Government securities, deposit in income producing bank accounts or a building or savings and loan association, or remit to the State Treasurer for investment in the State of Maryland Local Government Investment Pool, as established in Section 22F of Article 95, Annotated Code of Maryland, such County funds as are not required to be used within thirty (30) days for disbursement or expenditure for County purposes, subject to approval of the Council as to the amount so available for such investment or deposit and the acceptable securities or depositories, without relieving the Director of liability for the security of such investment or deposit according to law. Such deposits shall only be made when the bank or building or savings and loan association has set aside a like amount of bonds in escrow, as prescribed by law, covering the deposits, or such deposits are secured by government insurance. Interest earned on investment in any one (1) fiscal year shall be used the following fiscal year for general County expenses.

The Director of Finance shall at the end of his term of office, deliver up the office to his successor, and all papers and books relative thereto.

All County taxes shall be paid in cash or in matured coupons of Prince George's County bonds. All money collected by the Director of Finance and belonging to the County shall be deposited by him, as soon as collected, in the name of the Director of Finance of the County, and not in his individual name, in such amounts and in such safe bank of the County as approved by him. Any and all interest earned by funds shall be credited to the respective accounts of the Director of Finance semiannually, and accounted for by him.

The Director of Finance shall be the collector of all State and County taxes levied by the Council. He shall have full power to enforce payment thereof by sale of the property liable therefor, and to convey a good title to any such property, real or personal, so sold by him. Taxes assessed upon real estate shall be a first lien thereon from the date of such assessment.

Notwithstanding any other provision of law, any County property tax lien against property in the County shall be charged to the owner of such property and added to the property tax liability of the owner on the next annual property tax bill issued by the County.

If any person is assessed upon the assessment books of the County with personal property only, and the amount of taxes levied thereon shall remain unpaid on January 1 next succeeding the annual levy of taxes in the County, the Director of Finance shall within one (1) month after January 1 in each and every year, or within one (1) month after the discovery of any property belonging to such delinquent, subsequent to January 1 in each and every year levy upon such portion as may be necessary to pay the taxes, interest, costs and fees as herein provided, of the personal property assessed to such delinquent taxpayers. The Director shall levy the taxes in the same manner as the Sheriff of the County is now or may hereafter be authorized by law to levy upon property upon execution on judgments issued out of the Circuit Court for the County. The Director shall advertise and sell personal property in the same manner as is now or may hereafter be required by law in the case of sales of personal property by the Sheriff of the County, and deliver the property so sold to the purchaser thereof. For the purpose of the levy of the sale herein provided for, the Director of Finance shall have all the powers now had or lawfully exercised by the Sheriff of the Court, executing executions on judgments of the Circuit Court for the County. The Director shall if necessary have the same power now or thereafter to be prescribed by law for the levy upon and the sale of shares of stock in any association or corporation which the Sheriff of the County may or shall possess in executing executions or judgments of the Court. The Director of Finance shall be entitled to receive out of the proceeds of sales made under this Section, the same fees and allowances as are now or may hereafter be allowed by law to the Sheriff of the County on executions issued as described in Subsection (b). This Section shall be construed as an addition to, and not as substitution for, the powers of the Director to collect taxes assessed upon personal property by suit. It is expressly provided that the Director, if he deems such course advisable, may proceed to collect any and all taxes due upon any personal property by suit, in the name of the County Council, before any court of competent jurisdiction in and for the County, provided, that at the time of instituting any suit for the collection of taxes upon personal property before any court of competent jurisdiction, the Director shall file a certificate, verified by his oath, stating that at least thirty (30) days prior to the institution of the suit he sent a notice directed to the defendant taxpayer at the last known mailing address or at his best known address advising him that his taxes on personal property were due and unpaid and the amount thereof, and that unless the taxes were paid within thirty (30) days, suit would be instituted for their collection. The certificate shall set forth that, at least thirty (30) days prior to the institution of the suit, the Director posted or caused to be posted a similar notice to the above at the Court House door in Upper Marlboro. Out of the proceeds of sale of personal property the Director of Finance shall pay all costs and expense incident to such sale, and the taxes in arrears thereon and interest. The surplus, if any, he shall pay over to such delinquent taxpayer. Any sale or sales of property made under the provisions of this Section shall be reported by the Director to the Circuit Court for the County, in the same way that a Sheriff's sale is reported, within thirty (30) days from the sale showing to whom, and at what price the articles of personal property were respectively sold, the amount of taxes and of interest accrued and costs of the sale.

The Director of Finance shall make up and publish as prescribed by law a list of all taxes assessed upon real estate, which then remain unpaid and in default. The list shall contain the name or names of the persons appearing upon the assessment books as the owner or owners of each piece of the real estate, and if the real estate has changed hands, in whole or in part, and such change is known to the Director, also, the present owners thereof, the location of the property by district, the quantity of land it contains and other matters of description that may be known to the Director, such as its name, the adjacent property holders, the book and page of the County land records which contain the transfer of the property to the present owner, if ascertained, and the amount of taxes in default, with the interest and the penalties accrued, and to accrue to day of sale, upon each piece of the real estate. To the list shall be appended a notice that if such tax or taxes, interest and penalties and the costs of sale are not paid before the second Monday of May following, the Director of Finance will, on that day, at 10:00 A.M., at the Court House, in the town of Upper Marlboro, proceed to offer each of the parcels of real estate for sale at public auction to the highest bidder for cash, to satisfy the taxes, interest, penalties and costs of the sale therein, beginning with the first parcel on the list and continuing on in the order of the list, from day to day, until all have been offered for sale. On the second Monday in May the Director of Finance shall proceed to make the sale in conformity with the published notice. Property owned by a common ownership community shall not be eligible for tax sale. Pursuant to Section 13-316(e) of this Code, "common ownership community" means a condominium, cooperative housing corporation, or a homeowners association, as defined in State law.

If the purchase money for any piece of land sold at tax sale is more than the taxes, interests, penalties and costs of sale due thereon, the purchaser shall only pay on the day of sale the amount of taxes, interest, penalties and costs of sales. The residue shall be payable, after the period of redemption has expired, to the Director of Finance, upon the execution by him to the purchaser, or his assignee, of a deed for the piece of land. Possession of the property sold shall not be taken by the purchaser until the execution and recording of the deed. Upon payment of the taxes, interest, penalties and costs of sale, which shall be made on the day of sale, the Director of Finance shall deliver to the purchaser a certificate of sale, setting forth all the facts of the sale. The certificate shall be assignable, and upon surrender of the certificate, its lawful holder shall receive from the Director, in case such sale is set aside by the Court, immediate return of his purchase money. In case such sale is ratified, and the property not redeemed by its owner or someone in privity with him, within two (2) years from the first day of the sale at which the same was sold, to wit, the second Monday of May, by payment to the Director of Finance, for the use of the legal holder of the certificate of the amount of money receipted for in the certificate, and any taxes subsequently assessed on the land and paid by the purchaser, with interest thereon, at the rate of twenty percent (20%) per annum from the second Monday in May, the Director, upon the payment of the balance of the purchase money in full, shall execute a deed in fee simple of such property to the legal holder of the certificate. The deed shall be held to be prima facie evidence of a good title, in fee simple to the grantee therein, to the property bought at any sale herein authorized and therein conveyed. In case of redemption, it shall be the duty of the Director of Finance to immediately notify the purchaser by letter, mailed to him at the address given beneath his signature to the memorandum of sale. Such memorandum shall be taken by the Director. The Director shall enter such redemption upon his books and over his signature, upon the report of sale dealing with the property redeemed. The Director shall also deposit the redemption money in some bank or banks approved by him in the name of the County. The Director shall maintain accurate records separately accounting for the receipt and disbursement of such monies.

Any surplus of purchase money over and above taxes, interest, penalties and costs of sale, received by the Director, shall be deposited in some bank or banks approved by him in the name of the County. The Director shall maintain accurate records separately accounting for the receipt and disbursement of such monies.

The Deputy Director of Finance, employees and clerks in the Office of Finance shall furnish bond in such sums as the Director of Finance shall direct conditioned upon the faithful performance of their duty. The County shall pay the premium on the bond.

If any real estate liable for taxation is unassessed or has been unassessed for any previous year or years, or has been so assessed that the assessment was void, it shall be the duty of the assessors for the County at once to value the same and list the property for each year it has escaped taxation. Immediately thereafter the assessors shall report the assessment to the Council. The Council shall set a day for considering the same and putting such property on the assessment books of the County. The Council shall cause notice to be served upon the owner of each piece of such property or his agent, or the person in possession thereof, at least ten (10) days before the assessment of the time, when and place where the assessment will be made, and that the owner or his representative may then attend and be heard in the premises. If there is no person found on the property to be assessed a copy of the notice shall be posted conspicuously on the property. Each of the notices shall be returned to the Council with the service made endorsed thereon, and be preserved. No property which has escaped taxation shall be liable to assessment and taxation under this Section for a period of more than three (3) years prior to the last Monday in March next following such assessment. Any property assessed as above shall be immediately liable for the State and County taxes for each year it has escaped taxation at the rate of the tax fixed for such year. The taxes shall be a first lien thereon and be collected by the Director of Finance, in the manner of collecting the current levy provided by law.

Notwithstanding any requirements of this Subtitle to the contrary, any person who has paid taxes to Prince George's County after an assessment has become final on nonexistent property shall be entitled to a refund from the Finance Director of Prince George's County for the current year and previous years, not exceeding four years in all, upon certification by the Supervisor of Assessments that the property does not exist. The Supervisor of Assessments shall have the right to require any proof he deems necessary to make this determination, including, but not limited to, a certified survey.

No piece of real estate offered at a tax sale shall be sold for less than the total of the taxes, interest, penalties and costs of sale for which it is liable. If such a bid for the property is not made, it shall be sold to the Council for such total amount thereof. In such case it shall remain on the assessment books of the County and be taxed as other properties thereon, but not be resold at the succeeding annual tax sales.

A report of a forfeiture sale and final ratification thereof shall be made as provided in this Division, in the matter of tax sales generally. If such real estate so sold is not redeemed within the two (2) years allowed therefor by the payment of the purchase money, with interest on the same at the rate of twelve percent (12%) per annum, and all subsequent taxes, interest and penalties accrued thereon, it shall be forfeited to, and a good fee simple title to the property vested in the Council, without the execution of any deed therefor.

Each piece of property forfeited as provided in Section 10-129 entered in a book to be provided for the purpose, to be called "Prince George's County's Tax-Sale Properties." Such book shall be kept in the office of the Council as a public record thereof. Thereafter the properties, while the properties of the County, shall not be listed, assessed, advertised or sold in the annual tax sales for defaulted taxes to be held and begun on the first Monday of March, in each year. Upon sale of any parcel of such forfeited properties by the Council to a purchaser, and conveyance made, such property shall be stricken from the book and assessed anew to the purchaser and placed upon the assessment books of the County.

After each period of forfeiture the Director of Finance, shall make up a list of all such forfeited properties. Such list shall be inserted weekly for four (4) consecutive weeks before the day of sale hereinafter provided for in three (3) newspapers published in the County, to be selected by the Director. The list shall contain a description of each piece of such forfeited properties, its location, by district, its name, if any and known, and the quantity of land approximately it contains, and any other information known to the Director, which may more fully identify the same. To such list shall be appended a notice that on a certain day, to be named therein, the Director will at 10:30 A.M., at the Court House door, in the Town of Upper Marlboro, proceed to offer for sale at public auction to the highest bidder for cash, each of the forfeited parcels of real estate, as the property of the Council. The Director will begin with the first parcel of the list and continue on in the order of the list from day to day if necessary, from 10:30 A.M. to 3:00 P.M., Sundays and legal holidays excepted, until all have been offered for sale. On the day of sale, the Director shall proceed to make sale in conformity with his published notice.

No piece of forfeited real estate offered for sale shall be sold for less than the total of the taxes, interest, penalties and costs of sale, including such tax or taxes, interest and penalties as would have been levied upon it had it remained on the County assessment books, for which it is then liable. If no such bid for the property is made, it shall be withdrawn from such public sale. Thereafter the Council is authorized and empowered to sell the property, at public or private sale, for such price as it may deem advisable. Upon payment of the whole purchase money for any parcel of forfeited real estate sold, to the Council, and not before, the Council shall execute to the purchaser a good deed in fee simple for such property. The owner for any parcel of real estate, forfeited, or forfeited and sold, as hereinbefore provided, may at any time, prior to the actual payment of the purchase money for such parcel of real estate by the purchaser, pay to the Director of Finance, the total of all taxes, interest, penalties and costs of sale due and accrued to date on account of, upon and against such parcel of real estate, including such tax or taxes, interest and penalties as would have been levied upon it had it remained on the County assessment books. Thereupon such forfeiture or forfeiture and sale shall cease to be of any force and effect and become null and void. Such owner shall become revested of his former right, title, claim, interest and demand at law or in equity of, in and to such parcel of real estate.

The right of redemption provided in Section 10-125 shall apply to any and all forfeitures and sales of real estate. Whenever the Director of Finance acting under a formal order in writing of the Council has received and receipted for the taxes, interest, penalties and costs due upon any piece or parcel of ground heretofore sold to the Council for want of a satisfactory bid, the forfeiture of the property shall cease as fully as if the property had not been sold to Council. Upon such redemption, the Director of Finance for the time being, shall enter upon the proper books of his office and upon the report of sale relating to such parcel of real estate redeemed, the date and fact of such redemption. The Council shall refund to any delinquent taxpayer the residue of the proceeds of sale of his parcel of real estate forfeited, and sold by them after deducting therefrom taxes, interest, penalties and costs of sale due and accrued on account of, upon and against such parcel at the time of the sale by the Council.

The Council shall sell at public or private sale for such sum as it may deem advisable any and all parcels of real estate forfeited and offered for sale under the provisions of this Division and either not sold, or sold for which the purchaser thereof, if any, has failed to pay the purchase money. Upon payment to the Council of the whole purchase money for any such parcel resold, the Council shall execute to the purchaser under such resale a good deed in fee-simple thereof.

All actions at any time brought for any lands sold for any taxes or special assessments, whether the same are levied by the Council or by any other municipal or governmental agency having authority to levy taxes or assessments for any territory within the limits of the County wherein any person now has any title or cause to have or pursue such action, shall be taken within three (3) years after June 1, 1937, provided such right of action is not now, or will not then be barred by the now existing statute of limitations. Three (3) years after June 1, 1937, no person or any of his heirs, devisees, or assignees shall have or maintain any action for any land so sold. All actions of any land hereafter so sold shall be taken within seven (7) years after the date of sale to the purchaser and at no time after seven (7) years. No person now having any title or right of entry into any lands heretofore so sold shall enter therein after the expiration of three (3) years after June 1, 1937. No person shall at any time hereafter make any entry into any lands hereafter so sold except within seven (7) years after the date of sale, provided, however, that if any person entitled to any of the rights of action mentioned herein shall be at the time such cause of action accrues within the age of twenty-one (21) years of non compos mentis, he shall be at liberty to bring the action within the respective time so limited after the disability is removed.

All the instructions and directions by law given for the assessing of lands and personal property, the levying and collecting of taxes, and tax sales and conveyances, which are not necessarily jurisdictional, shall be deemed only directory. No error or informality in the proceedings of any of the officers entrusted with the same, which is not necessarily jurisdictional, shall vitiate or affect any such assessment, tax sale or conveyance. Upon the setting aside of a tax deed or the destruction of a tax title at law or in equity, the purchase money paid at tax sale for the land covered shall be a first lien upon the land and premises. The lien shall be enforceable in equity by the person entitled to the same, as is a vendor's lien and the value of buildings and improvements made thereon in good faith by the holder of the tax title or those under whom he claims. Any tax deed, herein directed to be executed by the Director of Finance, shall be executed by the Director when the same is demanded. He shall receive the balance of purchase money due upon the land to be conveyed. Money paid in the redemption of property sold at a tax sale shall also be paid to the Director. Upon the death of a purchaser at a tax sale, and redemption of the property bought by him, the redemption money shall be paid to his personal representative or assigns. After the period of redemption has elapsed, the heirs or assigns of any purchaser at a tax sale may receive or do whatever such purchaser might have received or done.

The Director of Finance shall keep in his office for public inspection a book in which shall be securely attached or pasted a full copy of the last issue before the day of sale of the newspaper containing an advertisement of tax sales.

The Director of Finance shall furnish in addition to the regular tax bills, whenever requested, and upon the payment to him of a fee of Five Dollars ($5.00), a certified statement over his signature, of all taxes assessed for four (4) consecutive years preceding the date of the application that may be due and unpaid. The applicant shall furnish the Director such references to the land records as may enable him to make the certificate. The certificate shall be a bar to the collection and recovery from any subsequent purchaser of any tax or assessment omitted therefrom, and which may be a lien upon the piece of real estate mentioned in the certificate; but shall not affect the liability therefor of the person who owned the property at the time such tax was assessed. The Director and any designee authorized by him to make certificate shall be responsible to said County for any loss of taxes that may arise only from willful and fraudulent error in said certificate. The Director and any designee authorized by him, at any time after taxes have been assessed for any year, shall furnish to any taxpayer, upon demand, a bill or bills showing the assessment upon each piece of real estate assessed to the taxpayer and the amount of the taxes thereon. The bill need not show the amount of interest due, if any, but shall contain a statement of the date from and after which interest is or will become due and the rate of such interest. Any person or corporation may obtain a copy of a tax bill upon payment of a fee as set by the Director. A copy of a tax bill may be obtained, without charge, by any governmental agency, or by an individual taxpayer for his own property.

Every tax deed shall contain the name of the former owner if known, of the property it conveys. The Clerk of the Circuit Court in whose office the deed may be recorded, shall index it not only in the name of the grantor and grantee, but also in the name of and as from the former owner to the grantee.

Personal property liable to taxation in the County and unassessed, and also that which may be unassessed for any previous year or years, or has been so assessed that the assessment was void, shall be assessed and listed in the same manner as it provided for the assessment of real estate in Section 10-128. No personal property which has been bona fide sold or transferred shall be assessed for any back taxes.

It shall be the policy of the County to protect the privacy of a person's Social Security account number provided to the County and contained in official County records and communications. The collection of Social Security account numbers shall be restricted to those instances required by a law, regulation or existing contractual obligation of the County, State or Federal Government. Any document containing a Social Security account number shall be retained separately from any other related document. Except as required by a law, regulation or existing contractual obligation to be provided to or reported to a contractor, the State or Federal Government, the Social Security account number shall be partially redacted from any copy of a document disclosed to any person. No application, form, or document used by the County, except an application, form, or document required to be used by a law, regulation or existing contractual obligation of the County, State or Federal Government shall require, suggest, or request that a person provide the person's Social Security account number. No computer program used by the County shall use Social Security account numbers to sort, catalogue, or relate to any information not related to the use of a Social Security account number as required by a law, regulation or existing contractual obligation of the County, State or Federal Government. Any contract entered into by the County shall require that the contractor not collect, retain, use, or disseminate a Social Security account number, except as specifically required by a law, regulation or existing contractual obligation of the County, State or Federal Government.

All bonds, notes, certificates of indebtedness, or negotiable instruments issued on behalf of the County shall be signed by the County Executive. All checks may be signed or caused to be signed by the County Executive.

The Director of Finance shall record the new owner's name in the transfer of all real property from one (1) owner to another within seven (7) working days upon receipt of official notice from the Transfer Office. All subsequent tax billings, tax sales, etc., shall be in the name of the new owner.

The Director of Finance shall, upon the certification of the County Tax Assessor that a veteran has qualified for a disability exemption pursuant to the provisions of Section 7-208, Tax-Property Article, Annotated Code of Maryland, refund any County property taxes previously paid by the veteran on the property for any year that the veteran was qualified for the exemption. Applications for such refunds filed with the Director of Finance on or after July 1, 2003, shall be limited to refunds for the current year and the three (3) previous years. Applications for refunds filed prior to July 1, 2003, shall be limited to refunds for the current year.

The Director of Finance may negotiate a contract with any incorporated municipality within the County to act as the collecting agent in that municipality for the collection of the municipal taxes and special assessments. Such taxes and assessments shall be placed on the regular County tax rolls and County tax bills and become a part of the total tax bill. They shall be collected in the same manner as County and State taxes are now collected. The contract shall be in writing, executed by the municipal officials empowered to execute contracts, the Director of Finance and a majority of the Council. The monetary charge for such services is to be stated in the contract, as agreed upon the signers of the contract, and shall be paid to the Director of Finance. The fees or charges shall be applied to the operating expense of the Director's office. The Director shall remit any money collected under the contract to the municipality monthly. The municipality shall furnish the Director of Finance any and all figures and information that the Director requests, needs, or requires, or the contract shall become null and void.

The Prince George's County, Maryland, Employees Federal Credit Union having been established as a Federal Credit Union and chartered by Charter No. 18271, August 10, 1967, is hereby recognized as a cooperative association of County employees and eligible persons to stimulate systematic savings and to act as a source of credit for the provident and productive purposes of its members. The said Credit Union includes among its functions self-help and wise management resources, thereby raising the standards of living, strengthening the family unit and increasing the self-reliance of its members who are employees of Prince George's County. The Credit Union is recognized as an important morale and welfare resource which extends mutual benefits to all eligible County personnel by inculcating habits of thrift through the accumulation of savings, combating usurious practices by providing money for personal loans to members at low-cost interest rates and performing functions compatible with the purposes of an employees credit union.

The County Executive shall recognize and assist the Credit Union in providing credit union services to the employees of Prince George's County. The Department heads of each of the County Departments shall recognize the right of personnel to affiliate with the Credit Union and encourage application and expansion of the principles of credit union benefits. The credit union will be permitted to conduct business during normal business hours, provided there is no undue interference with employees performing their respective duties in the employment of the County.

Space, furniture and supplies for the use of the Credit Union shall be afforded by the County Executive. Such space shall be made adequate for such use without charge for rent. The Credit Union shall reimburse the County for the cost of furniture and supplies on a quarterly basis. County personnel are encouraged to volunteer to serve on the Credit Union boards and committees on a noncompensated basis provided there is no conflict of interest involved. The County Executive is authorized to permit County employees to function as functional employees of the Credit Union to be compensated by the County. The County shall be reimbursed the by Credit Union for all compensation paid by the County to Credit Union employees on a quarterly basis. All County Credit Union staffing will be accomplished in full compliance with the personnel policies and benefits maintained for all County employees. The Office of Personnel shall establish a procedure to require all County employees upon leaving County employment to notify the Credit Union with respect to outstanding loan balances due the Credit Union. The procedure established shall anticipate arrangements to meet the requirements of the loan payable to the Credit Union before the final adjustment of pay or benefits to which the employee may be entitled. The Office of Finance shall permit County personnel to express a payroll deduction in favor of the Credit Union to deposit or to save money and to repay loans. Payroll deductions expressed by an employee may continue in force or be discontinued at the pleasure of the employee, excepting such cases where the obligation of the employee to the Credit Union is based upon the payroll deduction method of repayment. In such cases, the Office of Finance shall require the concurrence of the employee and the Credit Union to discontinue payroll deductions. The Department of Central Services shall permit the use of the mail distribution system to be used by the Credit Union for distribution of material necessary to the operation of the Credit Union. The Department of Central Services shall provide, design, install and maintain such data processing methods and services which will include, but not be limited to: Trial balance listings, exception reports, delinquent account records, new and closed account reports, and computation of share account dividends and loan account interest payments, account statements, and such other information as can be accumulated to provide the Credit Union with material needed for its operation in the event it is determined by the Credit Union and the Director of the Department of Central Services that the data processing methods and services operated by the County are satisfactory to the needs of the Credit Union. The cost for such mailing and data processing services shall be reimbursed by the Credit Union to the County government on a quarterly basis. A complete audit of all Credit Union accounts and funds shall be made annually by the Office of Audits and Investigations upon request of the Credit Union.

The County Council for Prince George's County, Maryland, hereby finds that there is a need for access to capital by small and local businesses at a time when credit is not easily obtainable due to the economic challenges our country is enduring at this time; that community banks are more likely to make loans to small and local businesses; and that the County needs to promote small business lending and provide an overall economic stimulus to the County's economy; and that in order to effectively respond, the County Council for Prince George's County, Maryland hereby declares that it is the public policy of Prince George's County to establish a program to enhance local and small business lending by placing deposits in community banks located in the County to promote small business development and generate jobs for the benefit of County residents, while providing the County with a competitive return on those deposits, which will be covered by Federal Deposit Insurance Corporation (FDIC), and placed with community banks which are deemed safe and sound through the Community Bank Small Business Lending Program.

There is hereby established the Community Bank Small Business Lending Program to enable the County to promote small business lending within the County by maintaining a minimum of Ten Million dollars ($10 Million) in County deposits in locally based community banks and requiring those banks to redeploy those assets in loans to County small businesses. The County may maintain less than Ten Million ($10 Million) in deposits if there are not enough eligible banks willing to participate in the Program or liquidity needs of the County require a reduction or elimination of this Program. Rules and regulations to carry out the provisions of this Division shall be promulgated by the Director of Finance by January 1, 2014. Said rules and regulations shall govern the implementation and administration of the Community Bank Small Business Lending Program, including but not limited to the process of notifying all eligible banks of the Program, the process of selecting eligible banks for the Program, the process of altering the amount of deposits of County funds made to banks that elect to participate in the Program, the process for expanding the Program in the future, the process for determining duration of the deposits, and the interest to be paid thereon.

Eligibility of banks to participate. To qualify for participation in the Program a bank shall be: Headquartered or operate one (1) or more branches in Prince George's County; Have assets between Two Hundred Million ($200 Million) and Five Billion ($5 Billion); and Be in good financial standing with a VERIBANC rating of Green* or better. The County shall have the ability to waive the requirements of Subsection (a)(2) of this Section upon good cause shown by a bank seeking to participate in the Program. Participating banks shall agree to make and maintain small business loans in an aggregate amount equal to at least two hundred percent (200%) of the deposits placed in the bank by the County under the Program. Eligible loans shall be to businesses located within Prince George's County and shall be originated within twelve (12) calendar months after the County has made the deposit with the participating bank under the Program. The requirement to make eligible loans under the Program shall apply to the initial deposit by the County and any renewal of that deposit. If the loans have not been made within the twelve (12) calendar month time period, if good cause is shown, the County may extend the twelve (12) calendar month time period for origination of the loans as defined by the regulations promulgated by the Director of Finance. Borrowers under the Program shall be a small business concern as defined pursuant to Section 3 of the Small Business Act and United States Small Business Administration regulations implementing it at 13 CFR Part 12.1, which are located in Prince George's County. Interest rates and fees charged for loans under the Program shall be at normal and customary levels.

Each bank participant shall comply with annual reporting requirements, including but not limited to, statistics on the number and dollar amount of loans originated during the reporting year and the total amount of loans outstanding. The Director of Finance shall issue an annual report to the County Council to include documenting lending activity and job creation. In the event that any bank participant does not meet its loan funding goal during any reporting year, the County shall have the right to withdraw the deposit in accordance with a process defined by the regulations promulgated by the Director of Finance.

In all cases in which real estate in the County has been decreed to be sold by a court of equity and a trustee has been appointed to make the sale, and in all other cases of trust estates under and by virtue of deeds of trust, last wills or testaments or otherwise, in which proceedings have been commenced in the court of equity for the execution or enforcement of the trust, and where the Director of Finance has no power under the existing law to enforce the payment of taxes, and the taxes on the real estate have been due and in arrears for twelve (12) months, it shall be the duty of the Director of Finance to apply to the Court by petition verified by affidavit, showing the amount of taxes due and in arrear, and the real estate upon which the taxes are due and in arrear. Upon the petition the Court shall pass an order requiring the trustee forthwith to pay the taxes, or show cause to the contrary on or before a certain day to be named in the order, not to exceed thirty (30) days from the filing of the petition. The taxes shall be paid by the trustee out of any rents or other funds derived from or belonging to the trust estates. In case there is no fund belonging to the trust estates liable for the payment of the taxes, the Court shall, upon being satisfied thereof, forthwith pass an order directing the sale of so much of the real estate as may be necessary to pay the taxes and expenses of the sale, in such manner and after such notice as the Court may think proper to direct. The sale shall be reported to the Court for ratification, as all other sales made under decrees of courts of equity. When ratified and the purchase money therefor has been fully paid, the trustee shall convey the property to the purchaser of the real estate so sold, by good and sufficient deed.

Whenever land is sold for the payment of County or State taxes, or both, assessed thereon and in default, and the owner of such land at the time of such tax sale, his heirs, devisees or assigns, severally, jointly or in continuous successive ownership have held the land so sold in adverse possession for seven (7) years after the final ratification of such tax sale and before action or suit brought and duly prosecuted by the purchaser at such tax sale, his heirs, devisees or assigns, to obtain possession of such land, such possession shall be a bar to all right, title, claim, interest, estate, demand, right of entry and right of action in such purchaser, his devisees or assigns derived from such tax sale as to the land so held in possession. This Section shall apply to all tax sales heretofore made and ratified as aforesaid.

All improvements on real estate which become substantially completed between January 1 and June 30 in any year shall be assessed for taxes. Such improvements shall be subject to taxation for the full taxable year beginning on July 1 at the regular tax rate levied for State and County purposes for the year. All improvements on real estate which become substantially completed between July 1 and December 31 of any year shall be assessed for taxes and such improvements shall be subject to taxation in the year at one-half (1/2) of the regular tax rate levied for State and County purposes for the year. In the case of buildings under construction the term "substantially completed" shall mean when the interior walls are finished.

In accordance with the provisions of Sections 6-202.1 and 6-302 of the Tax-Property Article of the Annotated Code of Maryland, Prince George's County is establishing a special real property tax rate for a vacant houses/buildings or improved property cited as vacant and unfit for habitation or other authorized use on a housing or building violation notice and the assessment and the rate will be determined by further enactment.

There is hereby established the Prince George's County, Maryland, Housing Rehabilitation Fund for the purpose of providing financial assistance to low and moderate income persons, based upon need, for the rehabilitation of residential properties and the elimination of unsafe housing conditions. All funds made available for the purposes of this Division shall constitute a special fund of Prince George's County and all such funds shall be paid into or out of or otherwise expended from such special fund; except that the County Executive may expend such monies as are provided for in the County's approved expense budget for the payment of administering and servicing of all assistance provided out of the County's Housing Rehabilitation Fund. The County Executive is authorized to provide for such administering and servicing through contracts with third parties or by the employment of county personnel.

No rehabilitation assistance herein shall be provided unless it is: In support of the rehabilitation of private properties; An activity permitted to be conducted in support of the rehabilitation of private properties as provided in Part 570 of Title 24 of the Code of Federal Regulations, as amended from time to time; An approved activity in the County's triennial Community Development Plan and annual Community Development Program adopted pursuant to the provisions of Subtitle 15A of this Code.

The County Executive for Prince George's County, Maryland, is hereby empowered and authorized to provide housing rehabilitation assistance under the provisions of this Division and to develop operating procedures governing the administration and maintenance of the Housing Rehabilitation Fund. Said operating procedures, and any revisions thereto, shall be transmitted to the County Council for review, amendment as deemed appropriate, and approval. Council approval shall be by resolution. The County Executive is further empowered and authorized to take any legal actions necessary for the collection of any loans made pursuant hereto.

The County Council of Prince George's County, Maryland, hereby finds that the owner-occupants of many residential structures, located predominantly in rural areas of the County, are living under conditions dangerous to health as a result of existing water supplies which are, or are likely to become, contaminated; that the capability of the County's public water authority to construct water facility supply systems to serve the needs of homeowners so situated is inexpedient and impractical in that the construction of public water lines constitutes an exorbitant expenditure of public funds which is unnecessarily burdensome to County taxpayers in general, and the intended beneficiaries in particular; that the creation of a self-sustaining County financed loan fund permitting homeowners so situated to finance the drilling of deep wells on terms and conditions comparable to those applied under special assessments for the public construction of water supply systems is not a capital project, as defined in County Charter, but is rather a method of providing capital for the purpose of necessary deep well drilling where any benefits to private property are only incidental to maintenance of health; and that in order to avert the existing and potential health hazards caused by such supplies and to protect and promote the health, safety and welfare of the entire community, the County Council hereby declares that it is necessary and appropriate for Prince George's County, Maryland, to provide an acceptable alternative to the construction of public water supply systems by establishing a mechanism of financial assistance for homeowners whose residences are situated under the aforesaid conditions and who are unable to secure the necessary well construction financing from private sources.

There is hereby established the Prince George's County, Maryland, Deep Well Loan Fund for the purpose of making loans, on preferred terms and conditions, to eligible owner-occupants of single-family, residential structures for drilling individual deep wells to provide a water supply to serve such structures. All funds made available for the purposes of this Division shall constitute a self-sustaining fund of Prince George's County and all such funds shall be paid into, or loaned out of, or otherwise expended from, such self-sustaining fund. In accordance with the provisions of Section 10-173.09 of this Division, the County shall make such initial and subsequent contributions into such self-sustaining fund as appropriate and necessary until such fund becomes self-sustaining as a result of the repayment of loans made therefrom.

In addition to such requirements and conditions as are established under the rules and regulations required to be prepared and approved under Section 10-173.08 of this Division, no deep well loan authorized herein shall be made unless: The property in question is a single-family, owner-occupied residential structure. The County Health Officer has issued a written notification to the property owner in question of the Health Officer's determination that said property owner is serviced by a well or other water supply which is, or is likely to become, contaminated. The property owner in question has made application to the County for a housing rehabilitation loan and/or grant made available pursuant to the provisions of Division 4A of this Subtitle for improvements including the drilling of a deep well and was determined to be ineligible for such loan and/or grant for reasons other than fund unavailability. The property owner in question has applied in good faith to at least one (1) private institution for a loan for the same purpose as loans made hereunder, and has had such loan application rejected.

The County Executive for Prince George's County, Maryland, is hereby empowered and authorized to make deep well loans under the provisions of this Division and the rules and regulations prepared and approved pursuant hereto, and to take any legal actions necessary for the collection of delinquent loan repayments. All loans made by the County Executive for the purposes set forth under this Division shall be made out of the County's Deep Well Loan Fund only. Prior to the making of any loan hereunder the County Executive shall prepare rules and regulations governing the maintenance and administration of the fund and the making of loans therefrom, and shall forward the same to the County Council for approval by resolution. Said rules and regulations shall include, at a minimum, stipulations regarding additional eligibility requirements as deemed necessary and appropriate; other terms and conditions of the loans, including the interest rate to be charged thereon; and the agency or agencies of County government to be charged with the administration and maintenance of the loan program. Any subsequent amendments to said rules and regulations, as may be necessary from time to time, shall be initiated and approved in the aforesaid manner.

Commencing with the submission of the Fiscal Year 1978-79 County expense and capital budgets, and on at least an annual basis thereafter, the County Executive shall recommend to the County Council for approval, a proposed method of financing the Deep Well Loan Fund, taking into account all appropriate alternative methods of financing the fund, including the following methods: The issuance of general obligation bonds; The use of funds from current expense budget appropriations; The use of funds derived from Federal or State grants made available to the County for financing deep well construction; or, The repayment of principal and interest from loans made hereunder.

There is established and created for Prince George's County and for municipal corporations and governmental agencies within Prince George's County an insurance fund which shall be known as the Risk Management Fund for Prince George's County. The Risk Management Fund shall compensate for injury to persons or damage to property resulting from negligence or other wrongful acts of public officials, employees and agents of the County and other Risk Management Fund Members, and to provide protection, against physical loss or damage to property of the County and other Risk Management Fund Members caused by fire, explosion, theft, vandalism, malicious mischief, riot, civil disturbance, flood and natural disasters and protection for officials, employees and agents acting within the scope of their duties. The Risk Management Fund shall provide protection to insure the County and other Risk Management Fund members against liability for personal injury and property damage resulting from negligence, deprivation of civil rights, malpractice or any other type of civil or tortious actions resulting from the negligence or wrongful act of any public official, agent or employee within the scope of official duties. The Risk Management Fund shall also provide for comprehensive general liability, comprehensive property damage, Workmen's Compensation, and comprehensive automobile liability. The Risk Management Fund may provide insurance protection by purchase of insurance from insurance companies authorized to do business in the State of Maryland or by a program of self-insurance funded by the County and other Risk Management Fund Members or by a combination of purchased insurance and self-insurance. Provided, however, that no insurance coverage or combination of purchased insurance and self-insurance shall be in excess of the maximum limitations of liability as conferred upon the County or any Risk Management Fund member by Charter or other statutory provision unless the Risk Management Fund, at the request of a member, acquires additional protection insuring risks in excess of such Charter of statutory limitation. In no event shall any coverage provided by the Risk Management Fund for injuries to persons and property of others exceed Two Hundred Thousand Dollars ($200,000) per person, per occurrence. In no event shall any coverage provided by the Risk Management Fund exceed One Hundred Thousand Dollars ($100,000), per occurrence, for the Board of Trustees of Prince George's Community College and the Board of Education of Prince George's County. Notwithstanding such limitations, in no event shall any coverage provided by the Risk Management Fund to members for injuries to persons and property of others be in excess of the maximum limitation of liability as conferred upon the County or other Risk Management Fund member by Charter, State law or other statutory provision unless the Risk Management Fund, at the request of a member, acquires additional protection insuring risks in excess of such Charter or statutory limitation. The Risk Management Fund is further authorized to provide coverage for any other insurable risk or liability as requested by a member so long as the member provides a contribution actuarially sufficient to provide the coverage request.

The Risk Management Fund is further authorized to cooperate with and enter into written agreements with any municipal corporation, governmental agency, board or commission established by the County or the General Assembly of Maryland, for the purpose of providing to such agency, board or commission, the officials, agents as defined by the fund member, employees or property thereof, coverage authorized by this Division upon such terms and conditions consistent with this Division as are deemed to be in the best interest of the citizens of the County. Such agreements shall be consistent with this Division 5 and applicable State law and shall set forth the specific terms and conditions of membership in the Fund.

The Risk Management Fund shall be governed by a Risk Management Committee which shall be comprised of one voting representative from each of the following members: Prince George's County, the Board of Education of Prince George's County, the Board of Trustees of Prince George's Community College, and the Prince George's County Memorial Library, pursuant to Section 10-181 of this Division. The County Attorney shall provide legal counsel, advice and representation to the Risk Management Fund and each of its members unless a member elects to provide for its own legal representation. The County Attorney, or the member's attorney, in the event that legal representation is provided by a member, shall provide for the defense of claims made against each member, its public officials, employees and agents for which coverage has been extended by the Risk Management Fund. The Risk Management Fund shall pay the cost of all legal representation, at a uniform hourly rate of remuneration established by the Bylaws and shall charge the account of the member represented. The County Attorney, upon request, shall consult with and advise counsel for each member, if any, on all matters pertaining to a claim against the member. Each member's account shall be charged the pro rata share of the operating expenses of the Fund as established by the Bylaws and shall be charged the actual expenses of any specialized services requested by the member or uniquely incurred for its benefit.

The Risk Management Fund is authorized, by and through the Risk Management Committee acting with the concurrence of the affected member, to defend, compromise and pay claims asserted against members, provide protection against physical loss or damage to the property of members, employ actuaries, adjusters and other experts, provide for the direct and indirect expenses of legal representation and defense, adopt Bylaws and to possess such other necessary powers as required to provide for the effective and efficient administration and operation of a self-insurance and risk management program.

A simple majority of the members of the Risk Management Committee shall be required to decide all issues submitted to the Committee except the adoption and amendment of Bylaws, provided that no claim shall be compromised without the affirmative vote of the Member or Members against which the claim is asserted.

Any member may withdraw from the Risk Management Fund upon six (6) months' written notice to the Chairman, Risk Management Committee. The effective date of such withdrawal shall be at the close of the fiscal year ending no less than six (6) months after such notice has been made. Upon withdrawal, the Risk Management Fund shall pay to the withdrawing member the sum of unexpended encumbered reserves, ninety percent (90%) of the unencumbered reserves and the interest earned with respect to such encumbered and unencumbered reserves. Liability for incurred but unsettled claims at the date of withdrawal shall vest in the withdrawing member. The Risk Management Fund shall not be liable for any claim which arises after the date of withdrawal. Payments made to a withdrawing member shall be subject to adjustment to reflect the actual account balances as determined by audit. Any deficiency owed by the withdrawing member or any account balance owed by the Risk Management Fund shall be paid within thirty (30) days after the final accounting of the Risk Management Fund is rendered.

Subject to appropriations contained in the approved annual budget, each member of the Risk Management Fund shall be required to pay into the Risk Management Fund a sum of money determined by the Risk Management Committee to be sufficient to provide for its contribution to the Risk Management Fund which will be computed by considering the premium cost, claim expense, operating expense, interest income, and the maintenance of reserve fund. The contribution shall reflect the principles of incurred claims accounting as indicated by periodic actuarial evaluations of the Risk Management Fund. Accrued interest shall be apportioned among and credited to the unencumbered reserve and encumbered reserve accounts of each member. The Director of Finance shall be responsible for investing the money of the Risk Management Fund in accounts and securities as allowed by law.

The Risk Management Committee shall establish Bylaws for the conduct of business of the Risk Management Fund. The Bylaws shall be adopted and amended by the affirmative vote of at least two-thirds of the members of the Risk Management Committee.

In any suit or claim brought against an officer, agent or employee the Risk Management Fund shall extend coverage to such officer, employee, or agent if: The action was taken in performance of his duties or within his authorized official capacity as determined by a court of competent jurisdiction or determined by the Risk Management Committee; The action of the officer, employee, or agent was without malice; and The officer, employee, or agent shall cooperate with counsel for the Risk Management Fund and assist in the conduct of suits and enforcement of any right of contribution or indemnity against any person or organization who may be liable to such officer, employee, or agent. The officer, employee, or agent shall attend hearings, depositions, and trials and assist in securing and giving evidence as required by counsel for the Risk Management Fund. Failure to cooperate with counsel for the Risk Management Fund that prejudices the Risk Management Fund shall be grounds to deny coverage to an officer, employee, or agent at the discretion of the Risk Management Committee. In the case of a claim arising from damages alleged to have been caused as a result of the ownership, possession, custody, maintenance, or use of a dog, utilized for police or patrol purposes, the member responsible for such dog shall be extended coverage. In the case of a claim against the driver of a motor vehicle insured by the Risk Management Fund, the driver shall be covered if the driver had express or implied authority to use the motor vehicle at the time of the incident giving rise to the claim. The fact that the driver may have exceeded the scope of his authority shall not relieve the fund from extending coverage. The limitations of this Section shall not limit any coverage provided by the Risk Management Fund to a member pursuant to Section 10-174(e).

No provision of this Division shall constitute or be interpreted as a waiver of the right of any member of the Risk Management Fund or of such members, officers, employees or agents to raise the defense of sovereign or governmental immunity, or charitable immunity, or public official immunity or other immunity or defense to which such member or its officers, employees or agents is entitled.

As used in and for the purposes of this Division, the following words and phrases shall have the meaning assigned to them therein: The word employee as used in this Division shall mean any duly elected or appointed official, member, trustee, full-time or part-time employee, volunteer recognized by the Chairman of the Risk Management Fund or any other person employed by or acting on behalf of any Risk Management Fund member, including such person when acting in the capacity of trustee, officer, employee or agent of any trust or pension plan created by a Member. The words encumbered reserve shall mean the amount identified and segregated to provide for the cost of paying or setting a claim asserted against the Risk Management Fund. The encumbrance of such funds shall not be construed to be an admission of liability in any claim or legal action. The words operating expenses shall mean the direct and indirect cost of providing for the administration of the Risk Management Fund, including but not limited to, professional and consultants' fees, taxes, insurance premiums, investigation expenses and the expenses of litigation. The words personal injury, property damage and wrongful acts as those words are defined by common usage in the commercial insurance industry, provided however, that the Risk Management Committee, by unanimous vote, may enlarge the scope of these words in order to pay a claim asserted against a member when payment of such a claim is deemed to be in the best interest of the citizens of the County. The words unencumbered reserve shall mean the total of member contributions less encumbered reserves less operating expenses of the Risk Management Fund.

Definitions. In this Section, the following terms shall have the following meanings indicated: Civil Rights claim means an assertion by a claimant that the County or County 21 employee injured the claimant by a violation of federal, state, or local civil rights statute. Party means a person who settles a claim or a person who allegedly committed the misconduct. Self-Insurance Fund means insurance coverage, including a legal defense, provided to the County and its officials, employees, and agents. Self-Insurance Fund Lawsuit means a claim or legal proceeding that is covered under the Self Insurance Fund that alleges a violation of: federal or state constitutional rights; civil rights claims; or common law tort claims. By October 1 of each year, the County Attorney shall submit to the County Executive and the County Council, and shall publish on the County website, a written report that summarizes the settlement of each Self-Insurance Fund Lawsuit or other lawsuit alleging employment discrimination during the prior fiscal year. For each settlement in a lawsuit alleging violation of federal or state constitutional rights, civil rights claims, employment discrimination or intentional torts, the report shall identify: the claimant or claimants; and the dollar amount, or other consideration, under the settlement; and the nature of the claim; and the County departments or offices involved in the claim; and demographic information voluntarily provided by the parties; and the applicable legal authority or reason if any information relating to the settlement is excluded because disclosure may be in violation of law. The County shall not agree to a non-disclosure in a settlement agreement that would prevent public disclosure of the settlement agreement. This subsection does not apply to information that is prohibited from disclosure under law. The County Attorney shall, at the conclusion of a settlement agreement, provide a demographic sheet for parties to voluntarily disclose demographic information. The demographic sheet shall, at a minimum, collect the following data: race; ethnicity; gender identity; age; sexual orientation; religion; and any other demographic information voluntarily provided by the parties. A party of a settlement agreement may choose to opt out and decline providing demographic information by signing an attestation statement provided by the County Attorney.

Under the provisions of Section 814 of the Charter of Prince George's County, Maryland, and upon the request of the County Executive the Finance Director is hereby authorized to effect interfund cash borrowings not to exceed 22.5 Million Dollars ($22,500,000) from the Capital Project Fund to the General Fund to meet temporary cash requirements. Under the provisions of Section 814 of the Charter for Prince George's County and upon the request of the County Executive, the Director of Finance, and his successor in office, is hereby authorized to effect interfund cash borrowings to meet temporary cash requirements and to allow for reimbursements among funds designated in the accounting records of Prince George's County, Maryland. Interfund cash borrowings to meet temporary cash requirements and to provide for reimbursements among funds, in accordance with the procedures and limitations set forth herein, may be effected by the Director of Finance regardless whether the services to be provided by the borrowing fund are within the scope of the activities financed by the lending fund; such borrowings, when so effected, shall be considered lawful interfund loans or charges for services rendered by one fund to another and shall not be construed as a diversion of appropriated funds.

The Director of Finance shall exercise the authority conferred upon that Office in Section 10-182.01 only in accordance with the following procedures and limitations: The authority of the Director of Finance to effect interfund cash borrowings shall not be delegated to any other person or office. Prior to the effectuation of any specific interfund cash borrowing, the Director of Finance shall review the status of the County fund for which such borrowing has been requested to determine, from the records of the Office of Finance, whether in fact a temporary interfund loan is necessary to meet the cash requirements of said fund or to allow for reimbursements from said fund to another County fund in the accounting records of Prince George's County. If the Director of Finance shall determine, as a result of the review conducted as set forth in paragraph (2), above, that an interfund loan is required, then the Director shall also determine when the cash assets of the borrowing fund will become insufficient to meets its cash requirements, the extent of such cash insufficiency, and when the cash assets of the fund will again be sufficient to meet the cash requirements of the fund and to repay the total amount of the insufficiency. The Director of Finance may not effect an interfund loan which cannot be repaid within a period of one year from the loan's effective date, unless the loan is made for the purpose of satisfying debt service obligations of Prince George's County. If the Director of Finance shall determine that an interfund loan is required to make debt service payments, then any such loan shall be repaid within three years from the effective date of the loan. The Director of Finance shall next determine, from the records of the Office of Finance whether any County funds, either singly or in conjunction with one another, have or will have sufficient cash assets to meet their respective cash requirements and to meet the temporary cash requirements of the borrowing fund during the period of time that a cash insufficiency in the borrowing fund will exist. If sufficient cash assets are found to be available in other County funds to permit the effectuation of an interfund loan, then the Director of Finance may exercise the authority conferred herein to meet the temporary cash requirements of the borrowing fund. Cash assets of one or more County funds which are the subject of an interfund loan effected by the Director of Finance pursuant to the authority contained herein may not thereafter be transferred or loaned to any other County fund except to that fund, or to those funds, from which said assets were originally received.

The Director of Finance shall render quarterly reports to the County Council and to the County Executive describing the status of all interfund borrowings for which there is an outstanding balance as of the date of such report. Quarterly reports shall be rendered by the Director of Finance on the first day of January, April, July, and October of each year.

Whenever the County Executive deems it desirable to undertake interfund cash borrowings from available bond proceeds currently in hand, to meet temporary cash requirements for financing capital projects of Prince George's County for which general obligation bonds of Prince George's County have been duly authorized for sale, he shall recommend to the Council for their approval, by resolution, that the borrowings of such proceeds on hand be authorized in an amount up to, but not exceeding Fifteen Million Dollars ($15,000,000) in the aggregate for all such capital projects, provided, that the Council must find, as a matter of fact: That the funds to be borrowed are not required for immediate expenditure for the capital projects from which such funds are borrowed; That the funds to be borrowed are not necessary to meet payments for any contracts or obligations now in effect, or to be in effect before such funds are repaid; That County general obligation bonds to fund the capital projects to be financed with the borrowed funds have been duly authorized for sale by both a bond enabling act and a bond authorization act both duly adopted and in effect; That to his and to their knowledge there are then existing no legal restraints, or any other limitation or obstacle which would prohibit or restrict the sale of said general obligation bonds of the County; That the Director of Finance has certified that the said funds are available; and That all such borrowings authorized are temporary, being for a period of time set forth in said resolution, and all such monies so transferred shall be repaid as determined by the Director of Finance from either: The first proceeds of sale of the general obligation bonds of the County sold to fund the capital projects financed with the borrowed funds; or From other available funds.

Each resolution adopted under Section 10-182.04 shall identify the Bond or Loan Funds from which monies are to be borrowed, the bond enabling acts and bond authorization acts for the capital projects to which the borrowed monies are to be temporarily applied, and the capital projects affected by said borrowing.

The first general obligation bond sale by Prince George's County subsequent to the adoption of any resolution pursuant to Section 10-182.04 shall include an amount sufficient to repay borrowing that has occurred under that resolution(s) which remains outstanding.

Whenever the County Executive deems it desirable to undertake interfund cash borrowings from the General Fund to meet temporary cash requirements to finance capital projects of Prince George's County for which an authorization appears for the current year in the County's Capital Improvement Program, and for which funding will be received from sources other than general obligation bonds of Prince George's County, he shall recommend to the Council for approval by resolution, the borrowing of such sums in an amount up to, but not exceeding, Five Million Dollars ($5,000,000) in the aggregate for such capital projects, provided, that the Council must find as a matter of fact: That the funds to be borrowed are not required for immediate expenditure for items in the General Fund; That the funds to be borrowed are not necessary to meet payments for any contracts or obligations now in effect, or to be in effect before such funds will be repaid; That funds other than general obligation bonds of Prince George's County will be received to repay the borrowed funds; That there are no existing legal restraints, or any limitation or obstacle which will prohibit or restrict the anticipated funding from being received by the County; and That the Director of Finance has certified that funds to be borrowed are available. Each resolution adopted under this Section shall identify the projects for which the interfund borrowing is authorized, the sources from which repayment is anticipated, and the date by which the repayment will be made. Quarterly reports shall be issued as set forth in Section 10-182.03 of this Division.

For purposes of this Division the following words and phrases have the meaning assigned below, except in those instances in which the context clearly indicates a different meaning: County-wide property assessable base shall mean the total County assessable tax base, including all municipal corporations, as used in the County's latest adopted budget. County-wide real property assessable base shall mean the County real property assessable tax base, including all municipal corporations, as used in the County's latest adopted budget. County-wide personal property assessable base shall mean the County personal property assessable tax base, including all municipal corporations, as used in the County's latest adopted budget. Degree of services or programs shall mean the level of eligible services or programs performed by the municipal corporation instead of the County. Director shall mean the Director of the Office of Management and Budget. Eligible services or programs shall mean those services or programs which are performed by a municipal corporation, and are wholly or partially funded from property tax revenues of the municipal corporation, instead of similar County services or programs when the similar County services or programs are wholly or partially funded from property tax revenues in the County's general fund and the services or programs are generally performed by the County in the unincorporated areas of the County. Municipal Corporation shall mean a city or town incorporated pursuant to Article XI-E of the Maryland Constitution which is partially or entirely within the boundaries of Prince George's County. Net County service or program cost shall mean the cost for a service or program as reflected in the County's latest adopted Current Expense Budget and support documents increased by the amount of indirect costs, including fringe benefits, applicable to that service or program and reduced by any fees, service charges, grants or other revenue directly attributable to that service or program. Property tax shall mean County general fund property tax revenues as stated in the County's latest adopted budget.

There is hereby established a municipal tax differential program pursuant to Section 6-305 of the Tax-Property Article of the Annotated Code of Maryland. The County real property tax rate to be set for assessments of real property in a municipal corporation shall be calculated and established as follows: For each eligible service or program, the County shall calculate the net County service or program cost. The net County service or program cost for each eligible service or program shall be calculated to reflect the portion supported by the general fund real property tax revenues. The County shall convert the calculated cost for each eligible service or program into a real property tax rate equivalent by dividing the calculated County service cost by the Countywide real property assessable base. The differential for each municipal corporation shall be calculated by multiplying the degree of service or program performed by the municipal corporation by the real property tax rate equivalent. The differential determined pursuant to this Section shall be rounded to the nearest tenth of a cent. The County personal property tax rate to be set for assessments of personal property in a municipal corporation shall be calculated and established as follows: For each eligible service or program, the County shall calculate the net County service or program cost. The net County service or program cost for each eligible service or program shall be calculated to reflect the portion supported by the general fund personal property tax revenues. The County shall convert the calculated cost for each eligible service or program into a personal property tax rate equivalent by dividing the calculated County service cost by the Countywide personal property assessable base. The differential for each municipal corporation shall be calculated by multiplying the degree of service or program performed by the municipal corporation by the personal property tax rate equivalent. The differential determined pursuant to this Section shall be rounded to the nearest tenth of a cent. The County real property tax rate and the personal property tax rate to be levied against all property located within a municipal corporation shall be computed in the following manner: Beginning in Fiscal Year 2002, the applied tax differential rate for each municipality shall be the average of the real property tax differential rate and the average of the personal property tax differential rate calculated in accordance with Subsection (b) ) and Subsection (c) for the ensuing fiscal year and the calculated real property tax rate and the personal property tax rate for the current fiscal year and the immediately preceding three fiscal years, provided, however, that for purposes of determining the applied tax differential rate, the tax rate levied in fiscal years 1995 through 1998, inclusive, shall be used in lieu of a calculated rate. Beginning in Fiscal Year 2004, the real property tax differential rate and the personal property tax differential rate for each municipality shall be the average of the real property tax differential rate and the average of the personal property tax differential rate calculated in accordance with Subsection (b) and Subsection (c) for the ensuing fiscal year and the calculated real property tax differential rate and the personal property tax differential rate for the current fiscal year and the immediately preceding fiscal year. For Fiscal Year 2002, Fiscal Year 2003, and Fiscal Year 2004 only, the applied tax differential rates for each municipality shall be the average of the real property tax differential rate and the average of the personal property tax differential rate calculated in accordance with Subsection (b) and Subsection (c) for the ensuing fiscal year and the tax differential rates for the current fiscal year and the immediately preceding three fiscal years. For purposes of determining the applied tax differential rate for real property for fiscal years prior to Fiscal Year 2001, the County real property tax rate for those fiscal years shall be calculated by multiplying the real property tax rate by a factor of .40.

By December 7, the County shall notify the municipal corporation of the County's determination regarding the degree to which the municipal corporation is providing one or more eligible services in lieu of the County. Any disagreement shall be subject to negotiation between the County and the municipal corporation. If the County and the municipal corporation are unable to agree on the degree to which the municipal corporation is providing one or more eligible services or programs by January 15, the matters in dispute shall be submitted to an Arbitration Panel. The deadline may be extended by mutual agreement. The Arbitration Panel shall be comprised of the following: One member selected by the municipal corporation involved in the dispute; One member selected by the County Executive; One member selected jointly by the above members. At the arbitration hearing, the County and the municipality may present testimony, evidence, and oral argument as to the matters in dispute. The Arbitration Panel shall issue its advisory determination to the County Executive and County Council no later than February 15.

The County shall provide to each municipal corporation by October 7 of each year a copy of the County's adopted Current Expense Budget for the fiscal year which began the preceding July 1, which documents shall be used in determining the tax differential. The County shall provide to each municipal corporation a standardized report form listing each potentially eligible service. Municipal corporations shall report to the Director upon such forms and shall set forth such information as the Director may prescribe and require. Information submitted by any municipal corporation is subject to verification by the Director. Each municipal corporation shall identify, in ten percent (10%) increments, the degree to which it is providing eligible services to its citizens in lieu of the County providing those services. Each municipal corporation shall complete and return the standardized report to the County by November 7 of each year.

The Director may make, adopt, and amend such rules and regulations as the Director may deem necessary to implement the provisions of this Division.

The Tax Differential Task Force shall mean an appointed body for the purpose of conducting an annual review and the Task Force shall be comprised of the following representatives: One Member from the Office of the County Executive; One Member from the County Council; One Member from the Office of Management & Budget; Two Members designated by Prince George's County Municipal Association; Two Members from unincorporated areas of the County and appointed by the Chair of the County Council. The Tax Differential Task Force shall conduct an annual review of the Tax Differential program and rules adopted by the Director for its implementation, including methods of ensuring adequate public awareness. This review shall be completed on or before July 31 of each year. Appropriate recommendations shall be submitted by the Task Force to the County Executive, as may be necessary.

There may be included in the annual budget additional compensation for payment to the Prince George's County Department of Health and Department of Social Services employees to be known as State/County differential compensation. The amount of such compensation for each employee shall be determined by resolution of the County Council or set forth in the annual budget of the County. The total of such compensation for all employees shall not exceed budgetary limits. The amount of compensation for an employee shall not exceed the prevailing salary, as is reasonably determined by the County Council to exist at the time of such determination within the Washington Metropolitan area, for the job classification of the employee, less the amount of salary received from the State. Compensation may also be limited to employees hired before a given date or employees working in critical job categories.

Except as provided in Subsection (b) of this Section, the County Council is authorized and empowered to impose a tax at a rate not to exceed 1.4% of the actual consideration paid or to be paid under every instrument of writing conveying title to real property, or any interest therein, in the County, offered for record and recorded in the County. Conveyances to the State, any agency of the State, or any political Subdivision of the State shall not be subject to the tax imposed under this Section. The term "instrument of writing" shall include deeds, mortgages, deeds of trust, leases, contracts and agreements, but shall not include purchase money mortgages, purchase money deeds of trust, assignments of mortgages or releases. On any refinancing of property by the original mortgagor or mortgagors, the tax shall apply only to the consideration over and above the amount of the original mortgage or deed of trust. The County Council may, by ordinance, provide that any instrument of writing for the refinancing of property by the original mortgagor or mortgagors shall not be subject to the tax imposed under this Section. As to a mortgage or deed of trust on the mortgagor's principal residence recorded after the recordation of a purchase money mortgage or purchase money deed of trust, when more than 12 months has elapsed since the recording of the prior mortgage or deed of trust, the County Council may by ordinance exempt all or any part of the consideration in excess of the amount of the original mortgage or deed of trust. The Council may not impose a tax on the consideration represented by the assumption of a mortgage or deed of trust on an instrument of writing conveying title to real property between a husband and wife. The tax authorized under Subsection (a) of this Section does not apply to a mortgage or deed of trust on property that is owned by a religious group if the property is exempt from the property tax under Section 7-204 of the Tax-Property Article of the Annotated Code of Maryland. Subject to the provisions of subparagraphs (B), (C), and (D) of this paragraph, for a sale of improved residential real property to a Prince George's County classroom teacher who will occupy the residence as a principal residence, the rate of the transfer tax imposed under this section may not exceed 1.0%. If there are two or more grantees, this paragraph does not apply unless at least one grantee is a Prince George's County classroom teacher. To qualify for the rate reduction under this paragraph, at least one grantee, other than a comaker or guarantor, must: Occupy the residence as the grantee's principal residence; and Be employed as a classroom teacher by the Prince George's County Public School System for a minimum of three (3) years following the purchase of the residential property. If a classroom teacher who receives the rate reduction under this paragraph does not satisfy the requirements of subparagraph (C) of this paragraph, the classroom teacher shall pay the balance of the transfer tax that would have been payable without the rate reduction. Subject to the provisions of subparagraphs (B), (C), and (D) of this paragraph, for a sale of improved residential real property to a Prince George's County police officer or deputy sheriff or a municipal police officer who operates in Prince George's County who will occupy the property as a principal residence: The transfer tax authorized under Subsection (a) of this Section does not apply to the police officer's or deputy sheriff's first purchase of residential real property in Maryland that is located in Prince George's County; and The rate of the transfer tax authorized under Subsection (a) of this Section may not exceed 1.0% for the police officer's or deputy sheriff's second or subsequent purchase in Prince George's County. If there are two (2) or more grantees, an exemption or rate reduction under this paragraph applies if at least one (1) grantee is a Prince George's County police officer or deputy sheriff or a municipal police officer who operates in Prince George's County. To qualify for an exemption or a rate reduction under this paragraph, at least one (1) grantee, other than a co-maker or guarantor, must: Occupy the residence as the grantee's principal residence; and Be employed as a police officer or deputy sheriff by Prince George's County or a municipal corporation in Prince George's County for a minimum of three (3) years following the purchase of the residential property. If a police officer or deputy sheriff who receives an exemption or rate reduction under this paragraph fails to satisfy the requirements of subparagraph (C) of this paragraph, the police officer or deputy sheriff shall pay the balance of the transfer tax that would have been payable without the exemption or rate reduction. The Council may, by ordinance, provide for deferral or abatement of the tax imposed by this Section on the transfer of property to fulfill the terms of a valid listing agreement between the grantor or grantee and a valid contract entered into by the grantor for the purchase of another property. However, a deferral may not be for more than three hundred sixty-five (365) days, and abatement shall be contingent upon conveyance of all the grantee's interest to a third party within the same three hundred sixty five (365) days. There shall be no deferral or abatement of the tax imposed by this Section on the conveyance of title or interest therein to the third party. In Prince George's County, if residential real property is intended to be the principal residence of the transferee, the transferee may elect to pay the transfer tax in six (6) equal installments. The first installment shall be paid on the date of transfer, and the remaining installments shall be paid on or before the last day of each succeeding month. If the transfer taxes are paid in installments, there shall be an additional fee established by the Director of Finance which shall be reasonably equivalent to the interest lost and additional administrative cost resulting from the payment of the transfer tax in installments. The Director of Finance shall adopt regulations to implement the provisions of this Section, including regulations establishing the method for calculating the additional fee required. Any deferred tax and additional fee authorized under this Section shall be a lien against the property from the time of recordation of the instrument until the tax and fee have been paid in full, unless the County Council provides an alternative method for securing payment. Any deferred tax under this Subsection involving Federal loans or federally insured or guaranteed loans shall take a secondary lien status where so required by Federal Law. For accounting purposes, Prince George's County may accrue as revenue for the fiscal year in which the transfer occurs all revenues due from the transfer tax on the transfer, regardless of whether all of the revenues will actually be collected in that fiscal year. Tax revenue collected under this Section exceeding any additional fee for deferred payments authorized under Subsection (d) of this Section shall be used only for funding of public education within the Instructional Salaries, Instructional Materials and Related Costs, Special Education, and Fixed Charges budget categories in the County. The governing body of the County may provide by law that instruments of writing recorded as a result of the transfer of real property from the County or the Housing Authority to organizations certified pursuant to the County's Opportunity Housing Program and financing for the development of such projects are exempt from the tax authorized under Subsection (a) of this Section.

A tax is imposed at the rate of one and four-tenths percent (1.4%) of actual consideration paid or to be paid under every instrument of writing conveying title to real property, or any interest therein, in the County, offered for record and recorded in the County. Conveyances to the State or any agency thereof or any political subdivision of the State shall not be subject to the tax imposed by this Section. In the case of a lease for a term of years, not perpetually renewable, the tax provided for in this Section shall be computed and be based upon the capitalization at ten percent (10%) of the average annual rent over the entire term of the lease, including any renewable term, plus the actual consideration other than rent paid or to be paid. Where the average annual rental cannot be determined or accurately estimated from the terms contained in the lease for payment thereof, the tax shall be based upon eighty percent (80%) of the assessed value of the property described in the lease. The Director of Finance is designated the collecting officer in the County to collect the tax imposed by this Section. For the purposes of this Section, instrument of writing shall include deeds, mortgages, deeds of trust, leases, contracts and agreements, but shall not include purchase money mortgages, purchase money deeds of trust, assignments of mortgages, or releases. Upon any refinancing of property by the original mortgagor or mortgagors, the tax shall apply only to the consideration over and above the amount of the original mortgage or deed of trust. Any mortgage or deed of trust on a mortgagor's principal residence recorded after the recordation of a purchase money mortgage or purchase money deed of trust, where more than twelve months has elapsed since the recording of the prior mortgage or deed of trust, shall be exempt from the tax imposed by this Section. For purposes of this Section, "purchase money mortgage" or "purchase money deed of trust" means a mortgage or deed of trust that: Is given by the transferee of real property with respect to the property purchased; Is delivered as part of the same transaction as the instrument of writing that transfers the property purchased and that is subject to the County transfer tax; Recites on its face that it secures, in whole or in part, the purchase money for the property or otherwise recites on its face that it is a purchase money mortgage or purchase money deed of trust; Is fully executed within 30 days of the date that the instrument of writing transferring the property is fully executed; and Is recorded no later than 30 days after the date that the instrument of writing transferring the property is duly recorded. For the purposes of this Section, the date that an instrument is fully executed is the later of: The date of the last acknowledgment; or The date on the instrument of writing. Taxes imposed by this Section shall be deferred or abated for not more than one hundred and eighty (180) days on the transfer of property to fulfill the terms of a valid listing agreement, subject to the following requirements and conditions: The party offering for record an instrument in writing transferring title as part of such listing agreement shall certify, in writing on said instrument, that the transfer of property is to fulfill the terms of a valid listing agreement between the grantor and grantee; that a valid contract has been entered into by the grantor for the purchase of another property; and that it is the intent to transfer all interest in such property to a third party within the same one hundred and eighty (180) days. There shall be no deferral or abatement of the tax imposed by this Section upon the conveyance of title or interest to a third party. Failure to offer for record an instrument in writing transferring title to the third party within the same one hundred and eighty (180) days shall result in a lien being placed on such property for the taxes otherwise required by this Section.

The party offering for record an instrument in writing transferring title to real property, or an interest therein, in the County shall pay the tax imposed to the Director of Finance. Upon such payment, the Director shall enter a notation of the payment upon the instrument of writing conveying title.

In the case of deeds conveying property lying partly within and partly without the County, the tax shall apply only to such proportion of the consideration paid or to be paid as the value of the property within this County bears to the value of the whole property conveyed. Upon deeds of trust or mortgages conveying property lying partly within and partly without the County, the tax shall apply only to such proportion of the debt secured as the value of the property within the County bears to the value of the whole property conveyed.

No person shall offer for record an instrument of writing conveying title to any property, or any interest thereon, subject to the tax imposed by Section 10-188 without having paid the tax. No person shall misrepresent the amount of the actual consideration in such transaction. The transfer tax imposed by Section 10-188 on the conveyance of a single-family residential dwelling may be deemed paid for purposes of Sections 10-189 and 10-191(a) upon payment by personal note in such form, terms, and amount as may be acceptable to the Director of Finance. In any event, the Director of Finance shall be required to accept a note which is not due in less than ninety (90) days.

The recordation tax imposed by Title 12, Tax-Property Article, Annotated Code of Maryland, on written instruments, shall be at the rate of Two Dollars and Seventy-Five Cents ($2.75) for each Five Hundred Dollars ($500.00) on all instruments of writing subject to the tax. Pursuant to the authority of Section 12-108(a)(2), Tax-Property Article, Annotated Code of Maryland, the tax is levied on all instruments of writing that secure the repayment of any indebtedness funded in any part, directly or indirectly, from the proceeds of bonds issued under Title 5, Article 83A, Annotated Code of Maryland, relating to industrial buildings for counties and municipalities. The tax imposed shall be paid to and collected by the Director of the Office of Finance of Prince George's County. Recordation taxes collected under the provisions of Subsection (b) shall be paid into the "Bus Service Fund," created and operated pursuant to the requirements of Section 10-255.01.

The governing body of Prince George's County, by resolution, shall impose a school facilities surcharge on new residential construction for which a building permit is issued on or after July 1, 2003. Except as provided under subparagraph (B) of this paragraph, the County Council may impose a school facilities surcharge on new residential construction for which a building permit is issued on or after July 1, 2003, by a municipal corporation in Prince George's County with zoning authority and the authority to issue building permits. The County Council may not impose a school facilities surcharge on new residential construction for which a building permit is issued by a municipal corporation if Prince George's County has collected a surcharge on issuance of a County permit for the same new residential construction. (A) For Fiscal Year 2004, a school facilities surcharge imposed on a single-family detached dwelling, townhouse, or dwelling unit for any other building containing more than a single dwelling unit shall be in the amount of: Except as provided in items (ii) and (iii) of this subparagraph, Twelve Thousand Dollars ($12,000); Seven Thousand Dollars ($7,000) if the building is located between Interstate Highway 495 and the District of Columbia; and Seven Thousand Dollars ($7,000) if the building is included within a Basic Plan or Conceptual Site Plan that abuts an existing or planned mass transit rail station site operated by the Washington Metropolitan Area Transit Authority or by the Maryland Transit Administration. For Fiscal Year 2005 and each succeeding fiscal year, the facilities surcharge established in subparagraph (A) of this paragraph shall be adjusted for inflation in accordance with the Consumer Price Index for all urban consumers published by the United States Department of Labor, for the fiscal year preceding the year for which the amount is being calculated. The school facilities surcharge does not apply to a mixed retirement development or elderly housing. The school facilities surcharge does not apply to a single-family detached dwelling that is to be built or subcontracted by an individual owner in a minor subdivision and that is intended to be used as the owner's personal residence. The school facilities surcharge does not apply to multi-family housing: Designated as student housing that that is located in the area within the campus of Capitol Technology University located adjacent to and east of Springfield Road in Parcels 1 and 2 in the subdivision of land known as "Parcels 1 and 2, Capitol Institute of Technology", as per plat recorded in Plat Book NLP 115 at Plat 31 among the Land Records of Prince George's County, Maryland; Designated as student housing by Bowie State University and the governing body of Prince George's County that is located within 1 mile of Bowie State University. Subject to subsubparagraph (ii) of this subparagraph, the school facilities surcharge does not apply to multi-family housing that is located in the City of College Park and designated as graduate student housing by the City of College Park. The County Council may, by Resolution, reverse a designation by the City of College Park of multi-family housing as graduate student housing within 60 days of the designation. If the housing is converted from student housing or graduate student housing to multi-family housing for the general population, the owner of the property shall pay, at the time of the conversion, the school facilities surcharge in accordance with the laws at the time of the conversion. To promote the goals of the University District Vision 2020, as that vision or plan may be amended from time to time, on recommendation of the City of College Park, the governing body of Prince George's County, by Resolution, may exempt some or all of the school facilities surcharge for undergraduate student housing build west of U.S. Route 1, North of Knox Road and south of Metzerott Road. The school facilities surcharge does not apply to a single-family dwelling unit that is to be built or subcontracted by an individual owner to replace on the same lot a previously existing single-family dwelling unit that was destroyed by fire, explosion, or a natural disaster if the single-family dwelling unit is: Similar to the previously existing single-family dwelling unit; and Owned and occupied by the same individual who owned and occupied the previously existing single-family dwelling unit. The school facilities surcharge does not apply to a single-family attached dwelling unit if the single-family dwelling unit is: Located in a residential revitalization project; Located in Transportation Service Area 1 as defined in the Prince George's County General Plan; Located in a Transforming Neighborhoods Initiative (TNI) Area; Located on the same property as previously existing multi-family dwelling units; Developed at a lower density than the previously existing multi-family dwelling units; Offered for sale only on a fee simple basis; and Located on a property that is less than 6 acres in size. The School Facilities surcharge under this section shall be reduced by 50% for multi-family housing projects, with a building permit issued on or after April 1, 2019, constructed: Within an approved Transit District Overlay Zone; or Where there is no approved Transit District Overlay Zone, within one-quarter mile of a Metro Station or a MARC Station. The school facilities surcharge under this section does not apply to a dwelling unit that is a studio apartment or an efficiency apartment if the dwelling unit is located: Within the Regional Transit Districts and Local Centers (Growth Policy Areas), as defined in the Approved Prince George's County General Plan (Plan 2035), including the area of the approved 2010 Central US 1 Corridor Approved Sector Plan and Sectional Map Amendment; Within an Approved Transit District Overlay Zone; or Where there is no approved Transit District Overlay Zone, within one-quarter mile of a Metro Station or a MARC Station. The governing body of Prince George's County may reduce the school facilities surcharge by a percentage not exceeding 50% for dwelling units in multi-family housing constructed where there is no approved Transit District Overlay Zone, within one-quarter mile of a Purple Line Station. The school facilities surcharge shall be paid by the seller at the time a building permit is issued for the dwelling unit. The school facilities surcharge may not be construed to be a settlement cost. Payment of the school facilities surcharge does not eliminate any authority to apply any test concerning the adequacy of school facilities under the County's adequate public facility ordinance. Revenue collected under the school facilities surcharge shall be deposited in a separate account and may only be used to pay for: Additional or expanded public school facilities such as renovations to existing school buildings or other systemic changes; or Debt service on bonds issued for additional or expanded public school facilities or new school construction. Revenue collected under the school facilities surcharge is intended to supplement funding for public school facilities and may not supplant other County or State funding for school construction. The County Executive of Prince George's County shall prepare an annual report on the school facilities surcharge on or before October 31 of each year for the County Council of Prince George's County, the Prince George's County Senate Delegation, and the Prince George's County House Delegation, to include: A detailed description of how fees were expended; and The amount of fees collected. This Section does not apply to any property located in an infrastructure finance district approved before January 1, 2000. Construction Fee Buildings located between Interstate Highway 495 and the District of Columbia and buildings included within a basic plan or conceptual site plan that abuts an existing or planned mass transit rail station site operated by the Washington Metropolitan Area Transit Authority $7,870 All other buildings $13,493

[(1) The school facilities surcharge under this section shall be reduced by 50% for multifamily housing constructed: (A) within an approved transit district overlay zone as designated prior to January 1, 2018; (B) where there is no approved transit district overlay zone as designated prior to January 1, 2018, within one-quarter mile of a metro station; or (C) within the Bowie State MARC Local Center designated boundary. (2) The school facilities surcharge under this section does not apply to a dwelling unit that is a studio apartment or efficiency apartment if the dwelling unit is located: (A) within an approved transit district overlay zone as designated prior to January 1, 2018; or (B) where there is no approved transit district overlay zone as designated prior to January 1, 2018, within one-quarter mile of a metro station.] 1. Review and make recommendations on whether the level of funding the county receives from the school facilities surcharge and the public safety surcharge is sufficient to meet the needs of the county; and 2. On or before December 31, 2021, report its findings to the members of the Prince George's County Delegation to the General Assembly, in accordance with section 2-1257 of the State Government Article.

As used in this Subdivision, the following terms shall have the following meaning: Director shall mean the Director of Finance or the Director's designee. Line means a connection to the local telephone exchange through a unique telephone number. Mobile Telecommunications Sourcing Act means the Federal Mobile Telecommunications Sourcing Act, 4 U.S.C. §§ 116 through 126. User shall mean any person who purchases or acquires for use telecommunications service subject to the tax imposed under this Subdivision. Vendor shall mean any person who owns a telephone line for the reception, transmission or communication of message by telephone, or leases, licenses, or sells telephonic communication in the county. Centrex access lines including centrex local exchange access lines or trunk lines. Access or trunk lines including each residence, business or PBX local exchange access lines or trunk lines. Voice over internet protocol (VOIP) service. Wireless telephone lines. Wireless Telephone means any equipment or instrument that transmits: Cellular telephone service; Prepaid wireless line service; Personal communication service; or Any other commercial mobile radio service as defined by the Federal Communications Commission (FCC).

The rates of the telecommunications tax are: $3.50 a month on each residence, business or PBX local exchange access line or trunk; $3.50 a month on each wireless telephone line; and $3.50 a month on each centrex local exchange access line or trunk line. $3.50 applied one time upon the purchase of a prepaid wireless line service.

For customer bills to which the amendment made by the Mobile Telecommunications Sourcing Act applies, the tax imposed under Section 10-192.03 shall apply to mobile telecommunications services to the fullest extent authorized under Section 117(b) of the Mobile Telecommunications Sourcing Act. Must pay a tax on the following services furnished to customers with a billing address or fixed service address in the county.

A tax imposed under Section 10-192.03 does not apply to: Telecommunications services provided to a person to whom a sale of tangible personal property or a taxable service is exempt under Section 11-204 or Section 11-220 of the Tax-General Article; or A prepaid telephone calling arrangement that is a taxable service under Title 11 of the Tax-General Article. Telephone lifeline service provided under § 8-201 of the Public Utilities Article.

The tax shall be itemized on each bill for telecommunications service in Prince George's County. Each vendor providing telecommunications service in Prince George's County shall collect the tax on behalf of the County and remit the tax to the County. Each vendor shall have the same rights against the user for the collection of this tax as for the collection of the telecommunications service bill. To compensate for the cost of collecting and remitting the tax on telecommunications service in Prince George's County, each vendor may retain one-half of one percent (.5%) of the collections remitted to the County in accordance with Section 10-192.06. Each vendor shall pay the tax and shall report upon such forms and set forth such information as the Director of Finance may prescribe. The report and payment of the tax shall be made on or before the fifteenth day of each month, covering the preceding calendar month. Any vendor who fails or refuses to remit to the Director the taxes imposed under this Subdivision shall be liable for the taxes due. Whenever a vendor fails or refuses to remit the taxes due or to make proper return to the Director of Finance, within the time and in the amount specified, the vendor shall be assessed the amount of taxes due, plus interest on the amount of tax due at the rate of one percent (1%) per month or fraction thereof and penalty on the amount of tax due at five percent (5%) per month or fraction thereof until paid, not to exceed a total of twenty-five percent (25%) of the amount of taxes due. The interest and penalty is collected as part of the tax. Whenever any vendor stops doing business or otherwise disposes of the business, any tax payable to the County is immediately due and payable and the vendor must within ten (10) business days make a report and pay any tax due.

Except as provided in Section 10-192.06(d) and Section 10-192.06(e), proceeds of the tax imposed under Section 10-193.03 shall be used as follows: 90% for operating expenditures of the Prince George's County school system. The remainder for cash payments for capital expenditures for school renovations projects approved by the Prince George's County Board of Education and Prince George's County or payment of debt service on bonds issued by the governing body of Prince George's County for school renovation projects approved by the Prince Georges County Board of Education and Prince George's County. The proceeds provided under Section 10-192.03 for operating expenditures of the Prince George's County school system may be used to meet the County's funding requirements under § 5-235(a) of the Education Article.

Every vendor shall keep all invoices and other pertinent records and documents as are necessary to determine the amount of taxes due or otherwise comply with the provisions of this Subdivision. Vendors shall maintain said records for a minimum of three (3) years after the close of the calendar year. Such records and other documents of vendors shall be open at all times during regular business hours for inspection or examination by the Director or other duly authorized representatives, agents, or employees of the County. When any vendor fails to keep records or data from which the tax imposed under Section 10-192.03 may be accurately computed, the Director may make use of any reasonable alternative for determining the amount of tax due and owing based on the estimates of the amount of telecommunications service provided. Such determinations by the Director shall be presumed valid.

a) In addition to the interest and penalty prescribed in Section 10-192.06(h), any vendor willfully failing to remit to the Director the taxes actually collected under this Subdivision, shall be guilty of a misdemeanor punishable in accordance with Section 1-123 of the Code.

In addition to the powers granted to the Director in connection with the administration of the collection of the tax imposed under Section 10-192.03, the Director is hereby authorized and empowered: To make, adopt, and amend such rules and regulations as the Director may deem necessary or proper to fully provide for the collection of the tax imposed under Section 10-192.03 and to fully implement exemptions from such tax; To audit the records of any vendor to assure compliance with the provisions of this Subdivision; To compromise disputed claims in connection with the tax imposed under Section 10-192.03; To delegate any of the Director's powers, duties, and functions in connection with the administration of the collection of the tax imposed under Subdivision as deemed necessary; and To extend for good cause shown, the time required of vendors for filing any return required to be filed under this Subdivision, for such period of time as the Director may deem reasonable.

The governing body of Prince George's County, by Resolution, may impose a public safety and behavioral health surcharge on new residential construction for which a building permit is issued by the County unless a preliminary plan for the residential development was approved on or before July 1, 2005. Except as provided in paragraph (3) of this Subsection, a public safety and behavioral health surcharge imposed on a single-family detached dwelling, town house, or dwelling unit for any other building containing more than a single dwelling unit shall be in the amount of: Six Thousand Dollars ($6,000); or Two Thousand Dollars ($2,000) for construction in: Transportation Service Area 1, as defined by the Maryland-National Capital Park and Planning Commission in the Prince George's County Approved General Plan; and An area included in a basic plan or conceptual site plan that abuts an existing or planned mass transit rail station site operated by the Washington Metropolitan Area Transit Authority and complies with the requirements of any sector plan, or master plan approved by the Prince George's County District Council. The public safety and behavioral health surcharge does not apply to a single-family detached dwelling that is to be built or subcontracted by an individual owner in a minor subdivision and that is intended to be used as the owner's personal residence. The governing body of Prince George's County may waive any surcharge imposed under Subsection (b)(1)(B) of this Section. The public safety and behavioral health surcharge shall be paid by the seller at the time a building permit is issued for the dwelling unit. The public safety surcharge may not be construed to be a settlement cost. (A) Subject to subparagraph (B) of this paragraph, payment of the public safety and behavioral health surcharge requires that any test concerning the adequacy of the County's police facilities under the County's adequate public facility ordinance shall be based on the County police response time applied: In the vicinity of the property that is the subject of a Preliminary Subdivision Plan application; and In areas that are within reasonable proximity of the property. If the property that is the subject of a Preliminary Subdivision Plan application is located in the Rural and Agricultural Areas as defined by the Prince George's County Approved General Plan, payment of the public safety surcharge requires that any test concerning the adequacy of the County's police facilities be based on response times from within the Rural and Agricultural Areas. Payment of the public facilities surcharge requires that any test concerning the adequacy of the County's fire and emergency medical services: Be based solely on a response time for the first due station in the vicinity of the property that is the subject of a Preliminary Subdivision Plan; and May not require less than seven (7) minutes travel time as determined by the County Fire Chief. Subject to paragraphs (2) and (3) of this Subsection, revenue collected under the public safety and behavioral health surcharge shall be distributed by the governing body of Prince George's County to police, fire, emergency medical services, and behavioral health programs in the County. At least twenty five percent (25%) of the revenue collected from a surcharge imposed on construction that is located in a municipal corporation that maintains a police department shall be distributed to that municipal corporation's police department. The revenue collected from a surcharge imposed on construction that is located in the City of Laurel shall be distributed as follows: Fifty percent (50%) to Prince George's County fire and rescue services; and Fifty percent (50%) to the Laurel police department for the construction or rehabilitation of public safety facilities or the purchase of equipment or communications devices used in connection with law enforcement. Revenue collected under this Section may be used only for: The construction or rehabilitation of public safety facilities; The purchase of equipment or communications devices used in connection with law enforcement, fire fighting, or emergency services activities, including protective body armor, surveillance devices, weapons, ladder trucks, ambulances, police cruisers, and rescue vehicles; The operation of behavioral health programs offered by the County; or The construction or rehabilitation of behavioral health program facilities in the County. Revenue collected under the public safety and behavioral health surcharge is intended to supplement funding for public safety facilities and equipment and may not supplant other County or State funding for public safety facilities and equipment. The County Executive of Prince George's County shall prepare an annual report on the public safety and behavioral health surcharge on or before October 31 of each year for the County Council of Prince George's County, the Prince George's County Senate Delegation, and the Prince George's County House Delegation, to include: A detailed description of how the fees were expended; and The amount of fees collected. Construction Fee Developed Tier construction $2,124 All other buildings $6,371