Explanation: Capitals indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* Warning: This is an unofficial, introductory copy of the bill.
The official copy considered by the City Council is the first reader copy.
Introductory*
City of Baltimore
Council Bill
Introduced by: Councilmembers Burnett, Ramos, and Porter
A Bill Entitled
An Ordinance concerning
title
Public Nuisances - Modifications
For the purpose of requiring certain people be notified of a hearing regarding a public nuisance; removing prostitution from the definition of public notice; altering certain penalties; and generally relating to abating public nuisance premises.
body
By repealing and re-ordaining, with amendments
Article 19 - Police Ordinances
Sections 43-1, 43-4, and 43-12
Baltimore City Code
(Edition 2000)
Section 1. Be it ordained by the Mayor and City Council of Baltimore, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 19. Police Ordinances
Subtitle 43. Public Nuisances
§ 43-1. Definitions.
(a) In general.
In this subtitle, the following terms have the meanings indicated.
[(b) Assignation.]
[“Assignation” means an appointment or engagement for prostitution or any act in furtherance of the appointment or engagement.]
(b) [(c)] Commissioner.
“Commissioner” means the Police Commissioner of Baltimore City or the Commissioner’s designee.
(c) [(d)] Controlled dangerous substance.
“Controlled dangerous substance” means a substance listed in Schedule I or Schedule II under State Criminal Law Article § 5-402 or § 5-403.
(d) [(e)] Controlled paraphernalia.
“Controlled paraphernalia” has the meaning stated in State Criminal Law Article § 5-101.
(e) [(f)] Crime of violence.
“Crime of violence” has the meaning stated in State Criminal Law Article § 14-101.
(f) [(g)] Operator.
“Operator” means any person who has charge, care, or control of a premises or structure.
(g) [(h)] Owner.
“Owner” means the person in whose name a premises is recorded in the Land Records of Baltimore City.
(h) [(i)] Premises.
“Premises” means all or any part of any land, building, or other structure.
[(j) Prostitution.]
[“Prostitution” means the performance of a sexual act, sexual contact, or vaginal intercourse, as these terms are defined in State Criminal Law Article § 3-301, for hire.]
(i) [(k)] Public nuisance.
(1) “Public nuisance” means any premises that, on 2 or more separate occasions within a 24-month period, were used:
[(i) for prostitution, lewdness, or assignation;]
[(ii) for illegal adult entertainment;]
(i) [(iii)] by persons who assemble for the specific purpose of illegally
administering a controlled dangerous substance;
(ii) [(iv)] for the illegal manufacture or distribution of:
(A) a controlled dangerous substance; or
(B) controlled paraphernalia;
(iii) [(v)] for the illegal storage or concealment of a controlled dangerous
substance or controlled paraphernalia in sufficient quantity to reasonably indicate under all the circumstances an intent to manufacture, distribute, or dispense:
(A) a controlled dangerous substance; or
(B) controlled paraphernalia;
(iv) [(vi)] for gambling;
(v) [(vii)] for storage or possession of stolen property;
(vi) [(viii)] for storage or possession of unregistered firearms;
(vii) [(ix)] for furtherance of a crime of violence;
(viii) [(x)] by persons who engage in a crime of violence on or near the premises;
or
(ix) [(xi)] for criminal gang offenses prohibited under State Criminal Law
Article 9, Subtitle 8.
(2) Two reports by police officers, written in the regular course of business, of a premises’ having been used for activities described in paragraph (1) of this subsection are prima facie evidence that the premises are a public nuisance.
(3) “Public nuisance” includes any premises that, within a 6-month period:
(i) has been issued 2 or more environmental citations under City Code Article 23 § 2-1 {“Mixed Refuse Handling and Collection: Receptacles”};
(ii) has been issued 2 or more environmental citations under City Code Article 23 § 2-2 {“Mixed Refuse Handling and Collection: Handling”}; or
(iii) has been issued 2 or more environmental citations under Title 5, Subtitle 7 of the Health Code of Baltimore City {“Weeds”}.
§ 43-4. Notice and opportunity for hearing.
(a) In general.
Before issuing an order under this subtitle, the Commissioner shall give notice and an opportunity for a hearing to the owner and any operator of the premises and to any commercial tenant of the premises.
(b) Contents of notice.
The notice shall state:
(1) the date, place, and time of the hearing;
(2) the right of the persons receiving the notice to be heard and to be represented at the hearing; and
(3) the possible consequences of failure to appear, including the possible issuance of a default order directing the premises to be closed.
(c) Service and posting of notice.
(1) The notice shall be given by personal service or by certified or registered mail to the owner, operator, and commercial tenant, as their names and addresses:
(i) are recorded in the Land Records of Baltimore City;
(ii) appear in the registration statement filed under City Code Article 13, Subtitle 4 {“Registration of Non-Owner-Occupied Dwellings, etc.”}; or
(iii) are otherwise known or readily ascertainable.
(2) In addition, the notice shall be posted on the premises.
(3) To the extent practicable, a copy of the notice shall be sent to:
(i) the member of the City Council who represents the district in which the premises is located;
(ii) the community association for the neighborhood in which the premises is located; and
(iii) the Department of Planning, who shall record the information on CodeMap or its successor system.
§ 43-12. Penalties.
(a) In general.
Any person who violates a provision of § 43-11 is guilty of a misdemeanor and, on conviction, is subject to the following penalties:
(1) for a violation of § 43-11(a) {“Prohibited conduct: Destruction, etc., of posted order”}, the offender is subject to a fine of not more than [$500] $1,000; and
(2) for a violation of § 43-11(b) {“Prohibited conduct: Failure to obey order”}, the offender is subject to a fine of not more than [$500] $1,000 or to imprisonment for not more than 90 days or to both fine and imprisonment.
(b) Each day a separate offense.
Each day a violation continues is a separate offense.
Section 2. And be it further ordained, That this Ordinance takes effect on the 30th day after the date it is enacted.