The County Council for Prince George's County, Maryland, hereby declares it to be the public policy of the County that every resident of the County is entitled to noise levels that are not detrimental to health, safety, or welfare and the use, enjoyment and protection of property; and the general intent of this Division is to control noise levels throughout the County so as to promote public health, safety, welfare, the peace and quiet of the inhabitants of the County.

For the purposes of this Division, the following words and phrases shall have the meanings respectively ascribed to them in this Section: Commercial means anything other than a residential zone or industrial zone as set forth in Subtitle 27. Construction means temporary activities directly associated with site preparation, assembly, erection, repair, alteration, or demolition of structures or roadways. dBA means decibels of sound, as determined by the A-weighting network of a sound level meter or by calculation from octave band or one-third octave band data. dBC means decibels of sound, as determined by the C-weighting network of a sound level meter or by calculation from octave band or one-third octave band data. Daytime means the hours from 7 a.m. to 9 p.m. Decibel means a unit of measure equal to 10 times the logarithm to the base 10 of the ratio of a particular sound pressure squared to the standard reference pressure squared. The standard reference pressure is 20 micropascals. Department shall mean the Department of Permitting, Inspections, and Enforcement or another authorized designee agency or department. Director shall mean the Director of the Department of Permitting, Inspections, and Enforcement for Prince George's County, Maryland, or their authorized designee. Enforcement officer means: for a noise originating from any source: an employee or agent of the Department designated by the Director to enforce this Division; a police officer; or for a noise originating from an animal source, the Director of the Animal Control Division or the Director's authorized designee within the Department of the Environment. Industrial Zone means any property that has been zoned industrial. Landlord shall mean the person who manages, leases, holds, or otherwise controls the property of an owner. Nighttime means the hours from 9 p.m. to 7 a.m. Noise means sound, created or controlled by human activity, from one or more sources, heard by an individual over a period of time. Noise disturbance means any noise that is: unpleasant, annoying, offensive, loud, or obnoxious; unusual for the time of day or location where it is produced or heard; detrimental to the health, comfort, quality of life, or safety of any individual or to the reasonable enjoyment of property or the lawful conduct of business because of the loudness, duration, or character of the noise or; exceeds the objective standards of this Division. Noise-suppression plan means a written plan to use the most effective noise-suppression equipment, materials, and methods appropriate and reasonably available for a particular type of construction. Owner shall mean the person listed on the tax records of the County as the property owner. Person means an individual, group of individuals, corporation, firm, partnership, or voluntary association; or a department, bureau, agency, or instrument of the County or any municipality, or of any other government to the extent allowed by law. Police Chief or officer shall mean the Chief of the Prince George's County Police Department, a sworn member of the Prince George's County Police Department, or their authorized designee. Receiving property means any real property where people live or work and where noise is heard, including an apartment, condominium unit, or cooperative building unit. Residential means any property in a residential zone as set forth in Subtitle 27. Residential area is an area located within a residential or rural and agricultural zone listed in Subtitle 27 of this Code, including residential areas abutting Transit-Oriented/Activity Center zones and mixed-use, commercial, and industrial areas as defined in Subtitle 27. Recreational or Entertainment Establishment is an establishment as defined in Subtitle 27 of this Code. Sound means an auditory sensation evoked by the oscillation of air pressure. Source means any person, installation, device, or animal causing or contributing to noise.

Maximum allowable noise levels. Except as otherwise provided in Section 19-122.01, a person must not cause or permit noise levels that exceed the following levels: Maximum Allowable Noise Levels (dBA) for Receiving Land Use Categories Day/Night Industrial Commercial Residential Day 75 67 65 Night 75 62 55

A person must not cause or permit the emission of a prominent discrete tone or impulsive noise that exceeds a level, at the location on a receiving property where noise from the source is greatest, that is 5 dBA lower than the level set in paragraph (1) for the applicable noise area and time. Impulsive noise may include, for example, noise from weapons fire, pile drivers, or punch presses. A person may not cause or permit, beyond the property line of a source, vibration of sufficient intensity to cause another person to be aware of the vibration by such direct means as sensation of touch or visual observation of moving objects. The observer shall be located at or within the property line of the receiving property when vibration determinations are made. A person may not operate or permit to be operated an off-road internal combustion engine powered recreational vehicle, including, but not limited to, a dirt bike, an all-terrain vehicle, a go cart, a snowmobile, or a similar vehicle, on private property closer than 300 feet to a neighboring residence or the associated curtilage, without the written permission of the affected resident, unless it can be demonstrated to the Department that the vehicle can be operated within the noise limits specified in paragraph (1) above. Sound that crosses between residential and non-residential areas must not exceed the level set in paragraph (1) for residential noise areas. For an alleged noise disturbance which results in part from low frequency sound (20 — 200 Hz), the maximum allowable noise levels may be measured dBC. Noise disturbance. A person must not cause or permit noise that creates a noise disturbance. Examples. The following examples illustrate common noise-producing acts that violate this section if they exceed the noise level standards set in subsection (a) or create a noise disturbance. The examples are illustrative only and do not limit or expand the noise level or noise disturbance standards of this section: Sounding a horn or other signaling device on any motor vehicle on private property except: in an emergency; or as a danger warning signal during daytime hours if the device complies with noise level limits. Operating a sound-producing device on public streets for commercial advertising or to attract public attention. Selling anything by outcry. Loading, unloading, opening, closing or otherwise handling containers, building materials, construction equipment, or similar objects. Operating a device that produces, reproduces, or amplifies sound. Allowing an animal to create a noise disturbance.

Maximum allowable noise levels for construction. A person must not cause or permit noise levels from construction activity that exceed the following levels: From 7 a.m. to 6 p.m.: 75 dBA if the Department has not approved a noise-suppression plan for the activity; or 85 dBA if the Department has approved a noise-suppression plan for the activity. The level specified in Section 19-122(a) at all other times. Construction noise levels must be measured at the location, at least 50 feet from the source, on a receiving property where noise from the source is greatest. The Department must establish requirements for noise-suppression plans and adopt procedures for evaluating and approving plans. The requirements must provide that, at least 10 days before approving a noise-suppression plan, the Director must provide public notice reasonably calculated to reach at least a majority of households that might be affected by the construction activity noise levels above 75 dBA. Construction noise disturbance. The prohibition on noise disturbance in Section 19-122(b) applies to construction activities, notwithstanding subsection (a).

The provisions of this regulation may not apply to devices used solely for the purpose of warning, protecting, or alerting the public, or some segment thereof, of the existence of an emergency or hazardous situation. The provisions of this regulation do not apply to the following: Household tools and portable appliances in normal usage during daytime hours; Lawn care and snow removal equipment (daytime only) when used between the hours of 7:00 a.m. to 9:00 p.m. and maintained in accordance with the manufacturer's specifications; Agricultural field machinery when used and maintained in accordance with manufacturer's specifications on more than five (5) acres or outside of one hundred (100) feet of the property line; Blasting operations for demolition, construction, and mining or quarrying (daytime only); Motor vehicles on public roads; Aircraft and related airport operations at airports licensed by the Maryland Aviation Administration; Boats on State waters or motor vehicles on State lands under the jurisdiction of the Department of Natural Resources; Emergency operations; Pile driving equipment during the daytime hours of 8 a.m. to 5 p.m.; Sound, except those sounds that are electronically amplified, between 7 a.m. and midnight, created by: Sporting events (except trap shooting, skeet shooting, or other target shooting); Entertainment events; and Other public gatherings operating under permit or permission of the appropriate local jurisdiction; Rapid rail transit vehicles and railroads; Construction and repair work on public property; Air conditioning or heat pump equipment used to cool or heat housing on residential property; for this equipment, a person may not cause or permit noise levels which exceed 70 dBA for air conditioning equipment at receiving residential property and 75 dBA for heat pump equipment at receiving residential property; Household pets on residential property that are maintained in accordance with local zoning requirements; Trap shooting, skeet shooting, or other target shooting between the hours of 9 a.m. and 9 p.m. on a range or other property of a shooting sports club that is chartered and in operation as of January 1, 2001; Trash collection operations between the hours of 7 a.m. and 10 p.m. Marina equipment used to move boats during the period from 7 a.m. to 7 p.m. provided that the noise level does not exceed 80 dBA at 20 meters from the equipment; or A source or condition expressly subject to any State or federal noise-control law or regulation that is more stringent than this Division. The events and gatherings under paragraph (b)(10) include, but are not limited to, athletic contests, amusement parks, carnivals, fairs at fairgrounds, sanctioned auto racing facilities, parades, demonstrations, and public celebrations.

Any person, who after instructed to cease the noise, shall allow or cause a continued violation of this Section shall, upon conviction, be guilty of a misdemeanor and subject to a fine not exceeding $1,000.00 for a first offense, and $1,500.00 for each subsequent offense or imprisonment not exceeding thirty (30) days, or both such fine and imprisonment. Each day a violation continues is a separate offense. As an alternative to criminal action, the Director, Police Chief, enforcement officer or police officer may issue a civil citation for any violation of this Section not exceeding $1,000.00 for a first offense, and $1,500.00 for each subsequent offense. Violations of this Section may be reviewed by the Administrative Court as established in Subtitle 13, Division 15.

The Director, Chief of Police, police officer, enforcement officer, or a designee may issue a civil citation to the owner or landlord of the building or premises from which noise in violation of Section 19-122 of this title emanates, if more than two civil citations have been filed against an occupant, at one address, within a one-year period. The Director, Chief of Police, police officer, enforcement officer, or a designee may issue additional civil citations for each subsequent violation within 6 months after the initial citation of the owner or landlord. Before issuing a citation, the Director, Chief of Police, enforcement officer, police officer or a designee shall send by certified mail or deliver written notice to the owner or landlord that two citations have been filed under Section 19-122 of this title within a 60-day period.

The Department must issue regulations establishing the equipment and techniques it will use to measure sound levels. The Department may rely on currently accepted standards of recognized organizations, including the American National Standards Institute (ANSI), American Society for Testing and Materials (ASTM), and the United States Environmental Protection Agency. If the Department adopts regulations based on currently accepted standards of recognized organizations referenced in subsection(s), a prima facia violation may be established by the Department utilizing a commercially available noise meter that complies with the standards in subsection (a). For multiple sources of sound, the Department may measure sound levels at any point to determine the source of a noise. The Department shall issue regulations establishing the equipment and techniques it will use to measure vibrations effective July 1, 2026.

Program established. There is a Vehicle Noise Abatement Monitoring Pilot Program implemented by the Department pursuant to Chapter 624 of the 2024 Laws of Maryland.

For the purpose of this Division, the following words and phrases shall have the following meanings indicated: Chief means the Chief of the Prince George's County Police Department or the Chief's designee. Department means the Prince George's County Police Department. Program or pilot program means the Vehicle Noise Abatement and Monitoring Pilot Program established under this Section. The following terms have the same meanings as indicated under Chapter 624 of the 2024 Laws of Maryland. Agency means a County law enforcement agency that is authorized to issue a citation for a violation of the Maryland Vehicle law or of Local Traffic laws or regulations. Noise Abatement Monitoring System means a mobile or fixed vehicle sensor that works in conjunction with a noise measuring device, such as a decibel reader, that automatically produces two or more photographs, two or more microphotographs, a videotape, or other recorded images of a motor vehicle at the time the motor vehicle is operated during the commission of a violation. Noise Abatement Monitoring System Operator means a representative of an Agency or a Contractor that operates a noise abatement monitoring system. Owner means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of six (6) months or more. Violation means a violation of Section 22-602 of the Transportation Article of the Annotated Code of Maryland by at least five (5) decibels. Noise Measuring Device means an electronic device that: uses automated equipment that activates when the sound level exceeds the maximum sound level limits established under 22-601 of the Transportation Article of the Annotated Code of Maryland, by at least five (5) decibels: records audio when activated; and records decibel levels when activated; and allows a noise abatement monitoring system operator to manually review recorded audio to ensure a violation has occurred. Program liaison means the local designee under Chapter 624 of the 2024 Laws of Maryland; and Recorded Image means an image recorded by a noise abatement monitoring system on: A photograph; Microphotograph; Electronic image; Videotape; Any other medium showing the rear of a motor vehicle, the decibel level recorded for the motor vehicle at the time the image was captured; and at minimum, one image or portion of a tape, a clear and legible identification of the entire registration plate number of the motor vehicle

The County must deploy and utilize no more than three (3) noise abatement monitoring systems within the County to enforce motor vehicle noise requirements under Section 22-602 of the Transportation Article of the Maryland Annotated Code, as amended. The County may not deploy or utilize a noise abatement monitoring system within the County for any purpose other than to enforce motor vehicle noise requirements of Section 22-612 of the Transportation Article of the Annotated Code of Maryland, as amended. Before activating a noise abatement monitoring system, the Department must: publish notice of the location of the noise abatement monitoring system On the County website; and ensure that each noise abatement monitoring system is proximate to sign that indicates that noise abatement monitoring systems are in use in the area; and is in accordance with the manual and the specifications for a uniform system of traffic control devices adopted by the State Highway Administration under Section 25-104 of the Transportation Article of the Annotated Code of Maryland Code, as amended. If the Department moves or places a noise abatement monitoring system to or at a location where a noise abatement monitoring system had not previously been moved or placed, the Department must not issue a citation for a violation recorded by that noise abatement monitoring system: until signage is installed in accordance; and for at least the first fifteen (15) calendar days after the signage is installed.

The Chief will designate a program liaison, who is not: employed by a noise abatement monitoring system contractor; or involved in the initial review or issuance of the warning notice or citation. The program liaison must: investigate and respond to questions or concerns about the pilot program; and review a warning notice or citation generated by a noise abatement monitoring system if the person who received the warning notice or citation requests review before the deadline for contesting liability; and subject to this Section, if the program liaison determines that the warning notice or citation is an erroneous violation, void the warning notice or citation; and on receipt of a written question or concern from a person, provide a written answer or response to the person within a reasonable time; and if the program liaison voids or waives a citation, they must notify the Maryland Vehicle Administration for the purpose of rescinding any administrative penalties imposed by the Maryland Vehicle Administration; and The program liaison must not determine that a warning notice or citation is an erroneous violation based solely upon the dismissal of the warning notice or citation by a court; and If the program liaison determines that a person did not receive notice of a warning notice or citation due to an administrative error, the program liaison may resend the warning notice or citation; and The program liaison may waive a warning notice or citation if the person alleged to be liable under this Section provides sufficient evidence that the person has made any alterations to the motor vehicle necessary to avoid future violations.

Operation of a monitoring system. In accordance with Chapter 624 of the 2024 Laws of Maryland, a noise abatement monitoring system must: be operated by a trained and qualified operator; and undergo an annual calibration check by an independent calibration laboratory. A person may not violate the noise limit of five (5) Decibels that falls within any part of the county's jurisdiction. Warning notices and citations — contents and mailing. A warning notice or citation issued must be mailed to an owner and must include the information required. Number and timing of citations — limitations. The Department must not: Issue more than one citation to a person per day for a violation enforced by noise abatement monitoring system; or Issue a citation applicable to a motor vehicle during the first thirty (30) days after warning for a first offense applicable to the motor vehicle is mailed to the owner. District Court procedures. The Department must administer, and process civil citations: using a uniform citation form prescribed by the District Court; and in accordance with procedures adopted by the Chief Judge of the District Court. County contractors. If a contractor operates a noise abatement monitoring system or administers or processes warning notices of citations generated by a noise abatement monitoring system on behalf of the County, the contractor's fee must not be contingent upon a per-ticket basis concerning the number of warning notices or citations issued or paid.

A person liable for a violation enforced by a noise abatement monitoring system is subject to: a warning notice for a first offense; and a civil penalty not exceeding $75 fine for a second or subsequent offense. A person may not be issued more than one citation per day for violation enforced by a noise abatement monitoring system; and The County may not issue a citation applicable to a motor vehicle during the first thirty (30) days after a warning for a first offense. The citation must be mailed under this division; and The fines collected by the County because of noise abatement violations enforced by noise abatement monitoring systems must be used solely: to recover the costs of implementing and administering the noise abatement monitoring systems. Any remaining balance may be used for public safety purposes, including pedestrian safety programs.

Eating and drinking establishment shall mean any business for which a use and occupancy permit is required or has been obtained for a food or drinking establishment pursuant to Subtitles 4 and 27. Person shall mean any person, firm, partnership, association, corporation, company or organization of any kind. Smoking or to smoke shall mean the act of smoking or carrying a lighted or smoldering cigar, cigarette, cigarillo, or pipe or lighting a cigar, cigarette, cigarillo, or pipe of any kind. Electronic cigarette shall mean any electronic device that can be used to deliver nicotine or other substance to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe, or any cartridge or other component of the device or related product.

It shall be unlawful for any person to smoke or use an electronic cigarette in any eating and drinking establishment open to the public except as provided in (b) below. Smoking is not prohibited by this Section in the bar and dining area of an eating and drinking establishment that: Is a club as defined in the State alcoholic beverages law and has a valid use and occupancy permit issued by the Department of Permitting Inspection and Enforcement; Has an alcoholic beverages license issued to private clubs under the State alcoholic beverages law; and Allows consumption of alcoholic beverages on its premises; or Is licensed pursuant to Section 6-201(r)(13) of the State alcoholic beverages law. Use of an electronic cigarette is not prohibited by this section in a facility that has been awarded a video lottery operation license by the Maryland Video Lottery Location Commission under State Government Article, Title 9, Subtitle 1A. Smoking is not prohibited by this Section in a retail tobacco business as defined by Subtitle 27 of the County Code, where a food and beverage area are incidental, provided that it complies with the standard for ventilation of such a facility as defined under Subtitle 4 of the County Code.

Signs either allowing or prohibiting smoking shall be displayed conspicuously by the owner or person having control of the eating or drinking establishment at each entrance to the premises. If prohibited by this section, the appropriate signs shall contain symbols or language that smoking is prohibited and that violators are subject to a Two Hundred Dollar ($200.00) fine.

The owner or person in control of an eating or drinking establishment where smoking is prohibited by this Division must refuse to serve or seat any person who smokes where smoking is prohibited and must ask the person to leave the establishment if the person continues to smoke after an initial warning. Any person found guilty of refusing to comply with a request to cease smoking shall be guilty of a misdemeanor which shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00). An owner or person in charge of an eating or drinking establishment found guilty of the following specific violations shall be guilty of a misdemeanor and shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) and costs: Failure to post appropriate signs as provided in this Division. Failure to comply with Subsection (a) of this Section.

The County Executive shall adopt and promulgate reasonable and necessary rules and regulations for the implementation, administration and enforcement of this Division.

Public Housing shall mean any housing in Prince George's County that is: under the jurisdiction of the Housing Authority of Prince George's County as a public housing authority as designated by HUD. Senior Citizen Housing shall mean any congregate housing that: provides housing under a landlord-tenant arrangement; and is specifically designed to meet the physical or social needs of elderly individuals; and; is under the jurisdiction of the Housing Authority of Prince George's County as a public housing authority as designated by HUD. Smoking or to smoke shall mean the act of smoking or carrying a lighted or smoldering cigar, cigarette, cigarillo, or pipe or lighting a cigar, cigarette, cigarillo, or pipe of any kind. Electronic cigarette shall mean any electronic device that can be used to deliver nicotine or other substance to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe, or any cartridge or other component of the device or related product.

It shall be unlawful for any person to smoke or use an electronic cigarette on the inside of any public housing or senior citizen housing. Smoking is not prohibited by this Section in a private home or apartment whose inhabitants: Participate in the Prince George's County Department of Housing and Community Development HOME Investment Partnerships Program ("HOME Program"); or Participate in the Section 8 Housing Choice Voucher program.

Signs prohibiting smoking shall be displayed conspicuously by the owner or the person having control of the public housing or senior citizen housing at each entrance to the premises. The signs shall contain symbols or language that smoking is prohibited.

The owner or person in control of any public housing or senior citizen housing where smoking is prohibited by this Division must ask the individual who is smoking to cease.

For the purposes of this Division, the following terms shall mean: Expanded polystyrene means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene). Expanded polystyrene food service products means food containers, plates, hot and cold beverage cups, meat and vegetable trays, egg cartons and other products made of expanded polystyrene and used for selling, providing, or serving foods that are intended by the manufacturer to be used once for eating or drinking or generally recognized by the public as items to be discarded after one use. Food Service business means a full-service restaurant, limited-service restaurant, fast food restaurant, café, delicatessen, coffee shop, supermarket, grocery store, vending truck or cart, food truck, business or institutional cafeteria, including those operated by or on behalf of County departments and agencies, and other business selling or providing food within the County for consumption on or off the premises. Polystyrene loose fill packaging means a void-filling packaging product made of expanded polystyrene that is used as packaging fill. Polystyrene loose fill packaging is commonly referred to as packing peanuts.

A food service business shall not sell or provide food in expanded polystyrene food service products, regardless of where the food will be consumed. Subsection (a) shall not apply to prepackaged soup or other food that a food service business sells or otherwise provides to its customers in expanded polystyrene containers that have been filled and sealed prior to receipt by the food service business. Subsection (a) shall not apply to food or beverages that were filled and sealed in expanded polystyrene containers outside of the County before a food service business received them, or To materials used to package raw, uncooked or butchered meat, fish, poultry, or seafood for off-premises consumption. A person shall not sell or offer for sale in the County polystyrene loose fill packaging.

The Department of the Environment shall conduct an education and outreach campaign before and during implementation of the provisions of this Division. This campaign should include: Informational mailers to and direct contact with affected businesses; and Distribution of information through County internet and web-based resources; and News releases and news events.

A person shall not sell or offer for sale in the County an expanded polystyrene food service product. A person shall not sell or offer for sale in the County polystyrene loose fill packaging.

The Director may, consistent with this subtitle, waive any specific requirements of for a period of up to one year if a food service business demonstrates that strict application of the requirements would create an undue hardship or practical difficulty not generally applicable to other food service businesses in similar circumstances.

No person or entity shall willfully violate any provision of this Division. The violation of any such prohibited or unlawful act or offense, or a misdemeanor, shall be punished with a warning for a first time violation, $250 fine for a second time violation, and by a fine of One Thousand Dollars ($1,000) for a third time violation within a twelve month period. Each day a violation exists is a separate offense. The Department of the Environment shall oversee the enforcement of this Division and may partner with inspectors of other departments to address violations, as determined in this Division. The County Attorney or any affected party may file an action in court with jurisdiction to enjoin repeated violations of this Section.

For the purposes of this Division, the following terms shall mean: Coal tar pavement product means a material that contains coal tar and is intended to cover an asphalt or concrete surface, including, but not limited to a driveway or parking area. Director means the Director of the Department of the Environment or the Director's designee.

A person shall not use a coal tar pavement product in the County. Both the property owner and the applicator has violated this Section if a coal tar pavement product is applied to an asphalt or concrete surface on the property.

A person shall not sell or offer for sale a coal tar pavement product in the County.

By July 1, 2015, the Director shall publish a list of alternative products for use on asphalt and concrete that does not contain a coal tar pavement product. The Department of the Environment must conduct an education and outreach campaign before and during implementation of the provisions of this Division. This campaign shall include: informational mailers to and direct contact with affected property owners and contractors; and distribution of information through County internet and web based resources; and news releases and news events.

The Director or the Director's designee shall enforce this Division. No person or entity shall willfully violate any provision of this Division. The violation of any such prohibited or unlawful act or offense, or a misdemeanor, shall be punished by a fine not exceeding One Thousand Dollars ($1,000). For each violation, each day of the violation shall constitute an offense and the penalties prescribed shall apply separately to each offense. Violators shall remediate the surface of the coal tar pavement product to which coal tar was applied. The County Attorney or any affected party may file an action in court with jurisdiction to enjoin repeated violations of this Section.

The County Council adopted the Prince George's County FY 2017-2026 Comprehensive Ten Year Solid Waste Management Plan on May 2, 2017. The County Solid Waste goals set forth in the Plan are to: concentrate future growth, prioritize and focus resources, build on strengths and assets, create choice communities, connect neighborhoods and significant places and protect and value our natural resources. Recycling and re-use of materials are a significant part of the Plan. There is a growing trend among local jurisdictions to ban or significantly reduce the use of non-compostable straws and stirrers as a measure towards more sound environmentally sustainable activities. Plastic straws are a component of roadside and marine litter. Plastic straws have a detrimental negative impact on the waterways and Oceans. Many of those end up in our streams and Oceans, polluting the water and killing marine life. Various County watershed protection and environmental organizations have advocated for reducing or eliminating the use of non-compostable straws and stirrers to help address serious stream degradation in the County, including the Total Maximum Daily Load (TMDL) for trash in the Anacostia River. The County Council of Prince George's County concludes that it is in the public interest to join in this effort by prohibiting the use of non-compostable straws and stirrers in Food Service or Retail businesses located in Prince George's County, under certain circumstances.

In this Division, the following terms have the meanings indicated. Compostable means a non-plastic product or material that will break down into usable compost, or a plastic product that is home compostable as defined in Section 9-2102 (b)(2), of the Environment Article of the Annotated Code of Maryland, as amended from time to time. Department means the Prince George's County Department of the Environment. Director means the Prince George's County Director of the Department of the Environment or their designee. Food Service business means a full-service restaurant, limited-service restaurant, fast food restaurant, café, delicatessen, coffee shop, supermarket, grocery store, vending truck or cart, food truck, business or institutional cafeteria, including those operated by or on behalf of County departments and agencies, and other business selling or providing food within the County for consumption on or off the premises. Retail Business means, for the purposes of this Division, the sale of commodities or goods, usually in small quantities, directly to ultimate consumers. Stirrer means an implement designed for one-time use to mix or blend a liquid or other substance, including a beverage stick, swizzle stick, or cocktail stirrer. Straw means a drinking tube designed for one-time use to consume a beverage or other liquid.

Beginning on July 1, 2020, no Food Service business shall sell, distribute or otherwise provide a straw or stirrer with food or beverage unless the straw or stirrer is compostable. Beginning on July 1, 2020, no Retail Business shall sell, distribute or otherwise provide a straw or stirrer directly to ultimate consumers unless the Retail Business also has available for sale a straw or stirrer that meets the home compostable standard.

The prohibited acts, as set forth in Section 19-152 of the County Code, shall not apply to pre-packaged beverages that have a plastic straw affixed during the pre-packaging process and received by the Food Service or Retail business with the plastic straw attached. The prohibited acts, as set forth in Section 19-152 of the County Code, shall not apply to reusable straws made from metal, glass, bamboo, silicon, or rigid plastic. The prohibited acts, as set forth in Section 19-152 of the County Code, shall not apply where it would interfere with accommodation of any individual's physical or medical needs. Each Food Service business shall keep a limited stock of plastic straws available to accommodate any individual's physical or medical needs and remain compliant with local, State, and Federal disability rights laws.

The Department shall conduct an education and outreach campaign before and during implementation of the provisions of this Division. This campaign should include: Informational mailers to and direct contact with affected businesses; Distribution of information through County internet and web-based resources; and News releases and news events. The Department shall collaborate with organizations in the disability community to inform community members of their right to request a single-use plastic straw in accordance with Section 19-153(c).

The Director shall be charged with the enforcement of this Division. The Director shall not issue fines prior to January 1, 2021.

The Director may enforce the provisions of this Division through injunctive proceedings, an action for specific performance, or any other appropriate proceeding. The Department may partner with inspectors of other departments to address violations, as determined in this Division. No person or entity shall willfully violate any provision of this Division. Any person who owns, operates, or manages a Food Service or Retail business and who knowingly and willfully violates the provisions of this Division is subject to a civil fine. There is established a graduated civil fine structure for violations of this Division. The violation of any such prohibited or unlawful act or offense shall be punished with a warning for a first-time violation, $250 fine for a second time violation, and by a fine of One Thousand Dollars ($1,000) for a third time violation within a twelve-month period. Each day a violation exists is a separate offense. A Court of competent jurisdiction may impose these civil fines and the suspension of a violator's use and occupancy permit, as ancillary relief in the injunctive proceedings or as damages in separate civil proceedings. Funds generated to Prince George's County from the imposition of civil fines and/or civil penalties pursuant to this Section, shall be appropriated to the Prince George's County Department of the Environment, Resource Recovery Division, County Recycling Program.

Accessory disposable food service ware means straws, utensils, condiment cups and packets, cup sleeves, splash sticks, stirrers, and napkins, designed to be used once and then discarded. Department means the Prince George's County Department of the Environment. Director means the Prince George's County Director of the Department of the Environment or their designee. Food service business means full-service restaurants, limited-service restaurants, fast food restaurants, cafes, delicatessens, coffee shops, supermarkets, grocery stores, vending trucks or carts, food trucks, cafeterias, including those operated by or on behalf of County departments and agencies, and other entities selling or providing food within the County for consumption on or off the premises who are providing prepared or ready-to-eat food. Third-party food ordering platform means any website, mobile application, or other internet service that offers or arranges for the sale of food and beverages prepared by, and the delivery or pickup of food and beverages from, food service businesses.

By June 1, 2023, food service businesses shall provide accessory disposable food service ware only upon request by the customer or at a self-serve station. Take-out or delivery orders shall not include accessory disposable food service ware unless specifically requested by the customer in person, on the phone, or online. Food service businesses shall provide options for customers to affirmatively request accessory disposable food service ware across all ordering platforms, including digital platforms, telephone, and in-person, whether for on-site dining, takeout, or delivery. This Section shall apply even when a food service business uses a third-party food ordering platform. By August 1, 2023, third-party food ordering platforms shall provide customers the ability to affirmatively request accessory disposable food service ware, and shall provide a food service business with the ability to customize its menu with a list of available accessory disposable food service ware, and only those specific items selected by the customer shall be provided by the food service business.

The Director may, consistent with this Division, waive any specific requirements of this Division for a period of up to one year after the effective date of this Act if a food service business demonstrates that strict application of the requirements would create an undue hardship or practical difficulty not generally applicable to other food service businesses in similar circumstances.

The County Executive shall designate a unit of County government to conduct an education and outreach campaign before and during the implementation of this Division by providing information to affected food service businesses and to the public, posting information on the County website, and issuing news releases and holding news events.

The Director shall be charged with the enforcement of this Division. Any violation of this Division shall be subject to a warning for a first-time violation, a fine of Two Hundred and Fifty Dollars ($250.00) for a second violation, and a fine of Five Hundred Dollars ($500.00) for a third violation, within a twelve-month period. The Director shall not impose a fine under this Division before October 1, 2023, to provide time for training staff, updating operating software and regarding other matters relating to the implementation of this Division. The Department of the Environment shall oversee the enforcement of this Division and may partner with inspectors of other departments to address violations, as determined in this Division. The Director of the Department of the Environment or any affected party may file an action in court with jurisdiction to enjoin violations of this Division.

The world's oceans are taking in million tons of plastic from land-based sources annually and plastic bags are among the top five plastic products collected in beach cleanups in the United States. At major grocery chains in Prince George's County, as of 2022, a small percentage of shoppers do not use single-use carryout bags provided at no charge by retailers. Nearly all of these bags are plastic, resulting in County residents using hundreds of millions of plastic carryout bags annually. Littered plastic bags end up in waterways where they are ingested by marine life, injuring, and killing fish, seabirds, and marine mammals. Single-use plastic bags remain in the environment for lifetimes, degrading over time into microplastic particles that absorb toxic chemicals, are found in the deepest ocean trenches, pristine natural areas, and house dust, and are impossible to clean up, and that humans are ingesting as much as a credit card's worth of plastic weekly. Plastic carryout bags are not recyclable at the County's recycling facility and impose costs to county government and taxpayers in the form of removal of litter and repair and wear-and-tear on recycling machinery due to the improper disposal of plastic bags in recycling bins. Single-use plastic bags are made from fossil fuels and their production results in harmful greenhouse gas emissions at every stage of their life cycle from extraction to production to disposal, contributing to climate change. The manufacture of single-use paper bags destroys forests that mitigate climate change, involves toxic chemicals, and generates significant air pollution. Single-use carryout bags are provided free of charge by many retail establishments as a service, but shoppers are actually paying for them as part of their grocery bill, in a higher price for merchandise. Single-use carryout bags provided by retail establishments impose unseen costs on consumers, local governments, and taxpayers, and constitute a public nuisance. The County Council finds that the use of single-use carryout bags by consumers at retail establishments is detrimental to the environment, public health, and welfare of County residents, and that it is in the best interests of maintaining the health, safety, and welfare of County residents and visitors to reduce the distribution of single-use carryout bags and incentivize the use of reusable bags by prohibiting provision of single-use plastic carryout bags and requiring retailers to charge at least 10 cents for each paper bag.

In this Division, the following words have the meanings indicated. Department means the Prince George's County Department of the Environment. Director means the Prince George's County Director of the Department of the Environment or their designee. Food Service Facility has the meaning stated in § 21-301 of the Health - General Article of the Annotated Code of Maryland. Plastic Carryout Bag means a plastic bag that is provided by a retail establishment to a customer at the point of sale and is not a reusable carryout bag. Plastic Carryout Bag includes a compostable plastic bag that meets the specifications of the American Society of Testing and Materials International Standard Specification for Compostable Plastics D6400. Plastic Carryout Bag does not include: a plastic bag used to: package bulk items, including fruit, vegetables, nuts, grains, candy, or small hardware items; contain or wrap frozen foods, meat, or fish, whether prepackaged or not; contain or wrap flowers, potted plants, or other damp items; contain unwrapped prepared foods or bakery goods; protect suits, dresses, and formal wear, and bags used to protect dry cleaning; or take live fish, insects, mollusks, or crustaceans away from the retail establishment. Retail Establishment means a store, a food service facility, or any other establishment that provides bags to its customers as a result of the sale of a product, or service whether for-profit or not-for-profit. Reusable Carryout Bag means a bag with stitched handles that is specifically designed and manufactured for multiple reuse and is made of: cloth or other washable fabric; or a durable material suitable for multiple re-use that is not made of plastic film.

After December 31, 2023, a retail establishment may not provide a plastic carryout bag to a customer. After December 31, 2023, with certain exceptions, a retail establishment shall charge, collect, and retain at least 10 cents for each paper carryout bag and reusable carryout bag that it provides to a customer. The charge for paper carryout bags shall not apply to a paper bag containing prescription medication provided by a pharmacy to a customer. The charge for paper carryout bags shall not apply to a paper bag containing prepared food provided at the drive-through window of a restaurant or a paper bag provided by a full-service restaurant after a meal for leftovers. A retail establishment may not advertise, hold out, or state to the public or to a customer, directly or indirectly, that any part of the money collected under paragraph (1) of this subsection will be assumed or absorbed by the establishment or refunded to the customer. Notwithstanding subsections (1)—(4), above, the Department may designate one week per year when retail establishments may provide reusable bags free of charge as a promotion. A retail establishment shall indicate on the customer transaction receipt the number of paper or reusable carryout bags provided by the establishment and the amount charged. A retail establishment shall post a notice at the public entrance to the retail establishment or at each point of sale that advises customers to bring reusable carryout bags or to skip the bag and that all carryout bags provided by the retailer are subject to a charge. The notices shall be posted in English and Spanish. The County shall post an example of a notice in English and Spanish on the County website.

The Department shall conduct an education and outreach campaign before and during implementation of the provisions of this Division. This campaign should include: (1) informational mailers to and direct contact with affected businesses; (2) distribution of information through County internet and web-based resources; and (3) news releases and news events. The Department may collaborate with organizations in the environmental community and other interested parties to inform community members of the provisions of this Division.

Subject to subsection (b) of this section, a retail establishment that violates the provisions of this Division is subject to a civil penalty not exceeding $500. (A) The provision of one or more plastic carryout bags at a single point of sale is a single violation. the failure to charge the amount of money required under this Division for the provision of one or more paper or reusable carryout bags at a single point of sale is a single violation. A penalty may not be imposed under this section unless a retail establishment: Is first issued a written notice of violation; and Does not correct the violation within 7 days after receipt of the written notice.

The Department of the Environment shall oversee the enforcement of this Division and may partner with inspectors of other departments to address violations, as determined in this Division. The County Attorney or any affected party may file an action in court with jurisdiction to enjoin repeated violations of this Division. The Director or their designee may grant a retail establishment a waiver from the requirements of this Division for a period of up to 3 months if the Director determines that achieving compliance under this Division would cause the retail establishment an undue hardship or a practical difficulty not generally applicable to other retail establishments in similar circumstances. The Department shall submit an annual report to the County Executive and County Council that includes a list of all enforcement actions taken and penalties issued under this Division.

An inspector shall not issue a citation with a monetary penalty for the first 90 days after the provisions of this Division take effect; however, during this period an inspector may issue a correction notice and shall attempt to educate any non-compliant retail establishment on the requirements of this Division.

The Department may adopt regulations to implement the provisions of this Division.