# Local Government (GLG)

## Title 13. Other Powers of Counties -- Regulatory

### Subtitle 4. Nuisances and Public Health

#### Section 13-401

(a) This section applies to all counties except:

  (1) Anne Arundel County;

  (2) Baltimore City;

  (3) Baltimore County;

  (4) Cecil County;

  (5) Howard County;

  (6) Prince George's County;

  (7) Queen Anne's County; and

  (8) Worcester County.

(b) The provisions of Sec.Sec. 9-105 and 9-106 of this article apply to an act, an ordinance, or a resolution adopted by a commission county under this section.

(c) The governing body of a county may:

  (1) prevent and remove nuisances; and

  (2) prevent the introduction of contagious diseases into the county.

(d) The governing body of a county may approve the location for:

  (1) soap manufacturing;

  (2) fertilizer manufacturing;

  (3) slaughterhouses;

  (4) packinghouses; and

  (5) any other facility that may involve conditions that are unsanitary or detrimental to health.

(e) This section does not affect:

  (1) the powers and duties of the Secretary of Health;

  (2) the powers and duties of the Secretary of the Environment; or

  (3) any other public general law that relates to health.

#### Section 13-402

(a) This section applies to all counties, except:

  (1) Anne Arundel County;

  (2) Baltimore City;

  (3) Baltimore County;

  (4) Cecil County;

  (5) Howard County;

  (6) Prince George's County;

  (7) Queen Anne's County; and

  (8) Worcester County.

(b) The provisions of Sec.Sec. 9-105 and 9-106 of this article apply to an act, an ordinance, or a resolution adopted by a commission county under this section.

(c) The governing body of a county may:

  (1) require, regulate, or provide for the collection, removal, and disposal of garbage or other unsanitary material; and

  (2) determine whether the expense of the collection, removal, or disposal is to be paid by the responsible owner or tenant or wholly or partly by the county.

(d) The governing body of a county may:

  (1) license commercial refuse collectors for hire;

  (2) make it unlawful to collect, remove, or dispose of refuse for hire without a license;

  (3) regulate commercial refuse collectors, including the suspension, revocation, and renewal of licenses; and

  (4) require public notice of a hearing with the right to be represented by counsel if a license is denied, suspended, or revoked.

#### Section 13-402.1

(a)

  (1) In this section, "displacement" means the provision of garbage collection, removal, or disposal services by a governing body of a county in a manner that precludes a private person that has been providing the services and is licensed and inspected by the Charles County Health Department from continuing to provide the services.

  (2) "Displacement" does not include circumstances in which:

    (i) a governing body of a county:

      (1) does not renew a contract for garbage collection, removal, or disposal services and, at the end of the contract term, provides the services itself or contracts with another person to provide the services; or

      (2) enters into a contract with another person to provide other garbage collection, removal, or disposal services;

    (ii) the person that has been providing the garbage collection, removal, or disposal services:

      (1) has acted in a manner threatening to public health or safety;

      (2) has acted in a manner resulting in a substantial public nuisance;

      (3) has committed a material breach of a contract for garbage collection, removal, or disposal services;

      (4) refuses to continue to provide garbage collection, removal, or disposal services under the terms and conditions of an existing agreement; or

      (5) has been authorized to provide garbage collection, removal, or disposal services under a license or permit that will expire and not be renewed; or

    (iii) a majority of the property owners in the defined service area request in writing that the governing body of the county take over the garbage collection, removal, or disposal services.

(b) This section applies only to a code county in the Southern Maryland class, as provided in Sec. 9-302(a) of this article.

(c) Before taking any action that results in the displacement of a person that has been providing garbage collection, removal, or disposal services in the county, the county commissioners shall:

  (1) hold at least one public hearing on the advisability of the county providing the garbage collection, removal, or disposal services; and

  (2) provide notice of the hearing to:

    (i) each person that provides the services in the county, in writing sent by first-class mail at least 45 days before the hearing; and

    (ii) the public, by publishing a notification in a newspaper of general circulation in the county once each week for 2 successive weeks before the hearing.

(d)

  (1) Subject to paragraph (2) of this subsection, within 1 year after the public hearing, and at least 3 years before any displacement, the county commissioners shall provide written notice by registered mail of the displacement to the person providing the garbage collection, removal, or disposal services.

  (2) The county may begin providing garbage collection, removal, or disposal services or contract with another person to provide the services less than 4 years after providing the notice required under paragraph (1) of this subsection if:

    (i) the county pays the displaced person that has been providing the services an amount equal to the person's gross receipts for providing the services in the county for the preceding 12-month period;

    (ii) the county commissioners and the person that has been providing the services agree to a different notice period or compensation amount; or

    (iii) the person stops providing the services in the county.

#### Section 13-403

(a) The governing body of a county may:

  (1) acquire, maintain, and operate land in the county for the disposal of garbage or any other matter that in the judgment of the governing body may promote the health of the residents of the county; and

  (2) construct an incinerator or other garbage disposal plant in the county.

(b) In exercising the powers granted under this section, the governing body of a county may:

  (1) adopt and enforce rules and regulations relating to the operation of the disposal areas or facilities;

  (2) make agreements for cooperation and financial support, through service charges and fees, in the acquisition, construction, operation, and maintenance of the disposal areas or facilities;

  (3) set and collect reasonable service charges or fees;

  (4) employ personnel for the operation, maintenance, or supervision of the disposal areas or facilities;

  (5) acquire any interest in land by purchase, gift, lease, or condemnation; and

  (6) make appropriations or borrow money for land acquisition and capital improvements, issue bonds, notes, or other evidences of indebtedness, and make appropriate levies to pay these obligations.

#### Section 13-404

(a) The County Commissioners of Calvert County may provide that unpaid charges made against real property for the removal of an unauthorized accumulation of weeds or debris from the property are a lien on the property until paid.

(b) The County Commissioners of Calvert County shall provide reasonable notice to the property owner that a lien may be imposed under subsection (a) of this section before the removal of weeds or debris from the property.

#### Section 13-405

The County Commissioners of Calvert County may seek reimbursement of costs incurred in the cleanup of hazardous materials in the county from a person responsible for the release of the hazardous materials.

#### Section 13-406

(a) The County Commissioners of Calvert County may enact an ordinance pertaining to:

  (1) tattoo artist services; or

  (2) body piercing services.

(b) The Calvert County Health Department shall enforce an ordinance adopted under this section.

#### Section 13-407

(a) The provisions of Sec.Sec. 9-105 and 9-106 of this article apply to an act, an ordinance, or a resolution adopted under this section.

(b) The County Commissioners of Frederick County may enact a local law or adopt regulations that are at least as stringent as the provisions of Title 24, Subtitle 5 of the Health - General Article to regulate smoking in public buildings owned, controlled, or financed by the State in Frederick County.

#### Section 13-408

(a) The County Commissioners of Washington County may adopt regulations for restricting the growth of nonnoxious weeds on real property in Washington County.

(b) The County Commissioners of Washington County may provide that unpaid charges made against real property for the removal of an unauthorized accumulation of weeds and debris from the property are a lien on the property until paid.

(c) The County Commissioners of Washington County shall provide reasonable notice to the property owner that a lien may be imposed under subsection (b) of this section before the removal of weeds or debris from the property.

#### Section 13-409

The County Commissioners of Washington County may enact an ordinance that is at least as stringent as the provisions of Title 24, Subtitle 5 of the Health - General Article to regulate smoking in county offices and county office buildings.

#### Section 13-410

(a)

  (1) The health officer for Washington County or the health officer's designee may issue a citation to a person believed to be committing a violation of Title 20, Subtitle 3 of the Health - General Article or a related violation of a provision of the Code of Maryland Regulations.

  (2) The citation shall bear a certification attesting to the truth of the matters set forth in the citation.

  (3) The health officer shall keep a copy of the citation.

(b) The citation shall contain:

  (1) the name and address of the person charged;

  (2) the nature of the violation;

  (3) the location and time of the violation;

  (4) the amount of the fine;

  (5) the manner, location, and time in which the fine may be paid; and

  (6) a notice of the person's right to elect to stand trial for the violation.

(c)

  (1) A fine not exceeding $1,000 may be imposed for each violation.

  (2) The County Commissioners of Washington County may:

    (i) establish a schedule of additional fines for each violation; and

    (ii) adopt procedures for the collection of the fines.

(d)

  (1) A person who receives a citation may elect to stand trial for the offense by filing notice of intent to stand trial with the health officer at least 5 days before the payment date specified in the citation.

  (2) After receiving the notice of intention to stand trial, the health officer shall forward a copy of the citation and the notice to the District Court having venue.

  (3) After receiving the citation and notice, the District Court shall:

    (i) schedule the case for trial; and

    (ii) notify the defendant of the trial date.

  (4) All fines, penalties, or forfeitures collected by the District Court for violations of Title 20, Subtitle 3 of the Health - General Article shall be remitted to the county.

(e)

  (1) Washington County shall send a notice of the violation to the last known address of a person who:

    (i) receives a citation for a violation;

    (ii) fails to pay the fine by the date of payment specified in the citation; and

    (iii) fails to file a notice of intention to stand trial.

  (2) If, after 15 days from the date the notice is sent, the citation is not satisfied, the person is liable for an additional fine not exceeding twice the original fine.

  (3) If, after 35 days from the date the notice is sent, the citation is not paid, the health officer may request adjudication of the case through the District Court.

  (4) If the health officer requests adjudication under paragraph (3) of this subsection, the District Court shall schedule the case for trial and summon the defendant to appear.

(f) In a proceeding before the District Court, a violation of Title 20, Subtitle 3 of the Health - General Article shall be prosecuted in the same manner and to the same extent as a municipal infraction under Sec.Sec. 6-108 through 6-115 of this article.

(g) The County Commissioners of Washington County may authorize the County Attorney, the State's Attorney, or another attorney to prosecute a violation of Title 20, Subtitle 3 of the Health - General Article.

(h) If the District Court finds that a person has committed a violation of Title 20, Subtitle 3 of the Health - General Article, the person shall be liable for the costs of the court proceedings.

#### Section 13-411

(a) In this section, "splash pad" means an outdoor play area:

  (1) with sprinklers, fountains, nozzles, or other devices or structures that spray water;

  (2) in which water is not allowed to accumulate; and

  (3) that is not used for submersion of the human body.

(b) The governing body of a county may adopt and enforce rules and regulations to govern the sanitary condition of splash pads and any sanitary feature connected to a splash pad.

---

Md. Code Ann., Local Gov't (as displayed at mgaleg.maryland.gov, October 16, 2026)