Baltimore City Council
File #: 07-0648    Version: 0 Name: Multiple-Family Dwellings - First Amendment Accommodations
Type: Ordinance Status: Enacted
File created: 4/16/2007 In control: City Council
On agenda: Final action: 11/8/2007
Enactment #: 07-529
Title: Multiple-Family Dwellings - First Amendment Accommodations FOR the purpose of preserving the constitutional rights of occupants of multiple-family dwellings; prohibiting bylaws, rules, regulations, or actions that impair certain constitutional rights or that prohibit or deny reasonable accommodation for religious practices; imposing certain penalties; providing for a special effective date; and generally relating to the regulation of apartment houses, condominiums, and other multiple-family dwellings.
Sponsors: Rochelle Spector, Robert Curran, Stephanie President Rawlings-Blake, James B. Kraft, Sharon Green Middleton, Helen L. Holton, Agnes Welch, Edward Reisinger, Keiffer Mitchell, President Young, Vernon E. Crider, Mary Pat Clarke
Indexes: Accomodations, Dwellings, Multiple-Family
Attachments: 1. 07-0648 - 1st Reader.pdf, 2. 07-0648 - 3rd Reader.pdf

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:  Councilmember Spector                                                                                           

 

 

                     A BILL ENTITLED

 

AN ORDINANCE concerning

Title

Multiple-Family Dwellings - First Amendment Accommodations

 

FOR the purpose of preserving the constitutional rights of occupants of multiple-family dwellings; prohibiting bylaws, rules, regulations, or actions that impair certain constitutional rights or that prohibit or deny reasonable accommodation for religious practices; imposing certain penalties; providing for a special effective date; and generally relating to the regulation of apartment houses, condominiums, and other multiple-family dwellings.

Body

BY repealing and reordaining, without amendments

Article 13 - Housing and Urban Renewal

Section(s) 5-1(d)

Baltimore City Code

(Edition 2000)

 

BY adding

Article 13 - Housing and Urban Renewal

Section(s) 5-22, under the amended subtitle designation,

 "Subtitle 5.  Multiple-Family Dwellings and Rooming Houses"

Baltimore City Code

(Edition 2000)

 

BY repealing and reordaining, with amendments

Article 13 - Housing and Urban Renewal

Section(s) 5-21

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 13.  Housing and Urban Renewal

 

 

 

                     Subtitle 5.  [Licensing of] Multiple-Family Dwellings and Rooming Houses

 

§ 5-1.  Definitions.

 

(d)  Multiple-family dwelling.

 

"Multiple-family dwelling" has the meaning stated in § 202.2 of the Property Maintenance Code of Baltimore City.

 

§ 5-22.  CONSTITUTIONAL RIGHTS.

 

NO BYLAW, RULE, OF REGULATION GOVERNING A MULTIPLE-FAMILY DWELLING, NOR ANY ACTION OR INACTION OF THE GOVERNING BODY OR MANAGEMENT OF A MULTIPLE-FAMILY DWELLING, MAY:

 

(1)                     IMPAIR ANY RIGHTS GUARANTEED BY THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION OR BY ARTICLES 36 AND 40 OF THE MARYLAND DECLARATION OF RIGHTS; OR

 

(2)                     PROHIBIT OR DENY ANY REASONABLE ACCOMMODATION FOR RELIGIOUS PRACTICES, INCLUDING (BY WAY OF ILLUSTRATION AND NOT BY WAY OF LIMITATION):

 

(I)                     THE ATTACHMENT OF A RELIGIOUSLY MANDATED OBJECT TO THE FRONT-DOOR AREA OF A DWELLING UNIT; OR

 

(II)                     IN HIGH RISES, THE ADJUSTMENT OF ELEVATORS TO ALLOW FOR AUTOMATIC-STOPPING OPERATIONS.

 

§ 5-24. [§ 5-21.] Penalties.

 

(a)  In general.

 

Any person who violates a provision of this subtitle or of a rule, regulation, or order adopted or issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to THE FOLLOWING PENALTIES:

 

(1)                     FOR A VIOLATION OF § 5-22 {"CONSTITUTIONAL RIGHTS"} OF THIS SUBTITLE, A FINE OF NOT MORE THAN $1,000 FOR EACH OFFENSE; AND

 

(2)                     FOR ANY OTHER VIOLATION,  a fine of not more than $500 for each offense.

 

(b)  Each day a separate offense.

 

Each day that a violation continues is a separate offense.

 

SECTION 2.  AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.

 

SECTION 3.  AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the date it is enacted.

 

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