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 Rawlings Blake
A BILL ENTITLED
AN ORDINANCE concerning
Title
Public Nuisance Premises - Noise
FOR the purpose of including violations of certain noise regulations within the definition of "public nuisance"; providing for the abatement of these nuisance; clarifying, conforming, and correcting certain language; and generally relating to public nuisance premises.
Body
BY repealing and reordaining, with amendments
Article 19 - Police Ordinances
Section(s) 43-1 and 43-2
Baltimore City Code
(Edition 2000)
BY repealing and reordaining, without amendments
Article 19 - Police Ordinances
Section(s) 43-3 through 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.
[As used in] IN this subtitle, THE FOLLOWING TERMS HAVE THE MEANINGS INDICATED[:].
(b) Commissioner.
"Commissioner" means the Police Commissioner of Baltimore City or the Commissioner's designee.
(c) Conviction.
[For the purpose of this subtitle, "conviction" shall include] "CONVICTION" INCLUDES probation before judgment.
(d) Owner.
"Owner" and "owner of record" mean the person in whose name a premises is recorded in the land records of Baltimore City.
(e) Person.
'Person" means an individual, receiver, guardian, personal representative, fiduciary, or representative of any kind, and any corporation, partnership, firm, association, joint venture, or other legal entity.
(f) Premises.
"Premises" means ALL OR ANY PART OF any land, building, or other structure[, or part thereof].
(g) Public nuisance.
(1) A "public nuisance" is any premises:
(i) where violations of the law governing:
(A) prostitution and lewdness;
(B) controlled dangerous substances;
(C) gambling; [or]
(D) criminal possession of stolen property, OR
(E) NOISE IN EXCESS OF THAT PERMITTED BY CITY HEALTH ARTICLE, TITLE 9 {"NOISE REGULATION"},
are occurring; and
(ii) where 2 or more violations of [such] THESE provisions[, which] have resulted in 2 or more criminal convictions[, have occurred] on 2 or more occasions within a 24-month period of time prior to the commencement of a proceeding [pursuant to] UNDER §§ 43-3 through 43-7 of this subtitle.
(2) It [shall be] IS prima facie evidence that a public nuisance has occurred [upon] ON the 2nd conviction for a violation of any of the provisions of the law governing the enumerated offenses.
§ 43-2. Legislative findings and declarations.
(a) Existence of public nuisances.
The Mayor and City Council finds and declares:
(1) that public nuisances exist in the City of Baltimore in the continuing and recurrent use of certain premises in violation of the laws relating to prostitution, gambling, controlled dangerous substances, [and] stolen property, AND EXCESSIVE NOISE; and
(2) that these public nuisances are harmful to the safety, health, and general welfare of the citizens and businesses of, and visitors to, Baltimore City.
(b) Subtitle to provide needed law enforcement tools.
The enforcement of abatement procedures by the Commissioner and the penalties imposed [pursuant to] BY this subtitle:
(1) constitute an additional method of law enforcement in response to the proliferation of [the above described] these public nuisances; and
(2) are an exercise of the City's police power that is reasonable and necessary in order to protect the health, safety, and general welfare of the people of Baltimore City.
§ 43-3. Nuisance abatement authorized.
(a) Commissioner's basic authority.
After 2 convictions under § 43-1(g) of this subtitle and notice to the premises' owner and opportunity for a hearing, the Commissioner may:
(1) order the discontinuance of the public nuisance in the premises where the public nuisance exists; or
(2) order the closing of the premises to the extent necessary to abate the nuisance.
(b) Limitations.
(1) Except as specified in paragraph (2) of this subsection, if the premises consists entirely of residential units or mixed residential and other use units, and the public nuisance has occurred solely within 1 or more residential units, abatement authority is restricted to the residential units in which the public nuisance has occurred, and does not extend to any other unit in the premises.
(2) The restrictions of paragraph (1) of this subsection do not apply to a public nuisance occurring in any:
(i) motel;
(ii) hotel; or
(iii) rooming house or rooming unit, as those terms are defined in the Zoning Code of Baltimore City.
§ 43-4. Notice and opportunity for hearing.
(a) In general.
Prior to the issuance of an order by the Commissioner under this subtitle, the Commissioner shall give notice and an opportunity for a hearing to determine whether a public nuisance exists in the premises to the owner, lessor, lessee, mortgagor, and mortgagee 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 aforesaid persons to be heard and to be represented at the hearing;
(3) the possible consequences of failure to appear; and
(4) such other particulars as may be appropriate.
(c) Service and posting of notice.
(1) The notice shall be given by personal service or by certified or registered mail to the owner, lessor, lessee, mortgagor, and mortgagee, or their respective agents, as their names and addresses:
(i) are recorded in the land records of Baltimore City;
(ii) appear in the registration statement made under City Code Article 13, Subtitle 4 {"Registration of Residential Properties"}; or
(iii) are otherwise known or readily ascertainable.
(2) In addition, the notice shall be posted on the premises.
§ 43-5. Lack of knowledge, etc., not a defense.
The lack of knowledge of, acquiescence or participation in, or responsibility for a public nuisance, on the part of any person who may be the owner, lessor, or lessee, mortgagor, mortgagee, or other interested person and all those persons in possession of or having charge of as agent or otherwise, or having any interest in the property, real or personal, used in conducting or maintaining the public nuisance, is not sufficient cause to set aside the Commissioner's order of abatement.
§ 43-6. Issuance and enforcement of order.
(a) Posting and notice of order.
Following the hearing procedure, an order of the Commissioner issued pursuant to this subtitle shall be posted on the premises and notice thereof shall be given to those persons and in the manner set forth in § 43-4 of this subtitle.
(b) Enforcement; period of closing.
(1) On and after the 10th business day following the posting, as set forth in subsection (a) of this section, and upon the written directive of the Commissioner, the order may be enforced.
(2) A closing shall be for such period as the Commissioner reasonably may direct, but in no event shall the closing be for a period of more than 1 year from the date of the closing.
(c) Nature of closing.
A closing directed by the Commissioner pursuant to this subtitle is not an act of possession, ownership, or control by the City of Baltimore.
§ 43-7. Vacating order to close.
The Commissioner shall vacate the provisions of the order to close if an interested person:
(1) posts a bond for the period of the ordered closing in an amount not exceeding the assessed value of the premises as shown in the tax assessment records of Baltimore City, prorated for the proportional assessment of units closed if less than all units therein are closed, but not to exceed $1,000,000 in any case; and
(2) submits reasonably adequate proof to the Commissioner that the nuisance has been abated and will not be maintained or permitted in any unit of the premises during the period of the ordered closing.
§ 43-8. Termination of tenancy.
Upon conviction pursuant to § 43-9 of this subtitle or issuance of a closing order:
(1) the owner, lessor, or agent may immediately terminate the tenancy; and
(2) if the lessee and any other occupants of the property fail to vacate the premises, the owner, lessor, or agent may use the conviction order in an action pursuant to the tenant-holding-over, breach-of-lease, or tenant-at-will provisions of law.
§ 43-9. Rules and regulations.
The Commissioner shall promulgate rules and regulations that may be necessary or proper to effectuate the purpose and the provisions of this subtitle, including advising the premises owner, or agent, of an arrest or conviction for the criminal conduct defined in § 43-1 of this subtitle occurring in those premises which the Commissioner determines will be subject to this subtitle, and the procedure and terms of posting bonds.
§ 43-10. Judicial and appellate review.
(a) Judicial review.
Any person aggrieved by any act of the Commissioner taken under this subtitle may seek judicial review of that act by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.
(b) Appellate review.
A party to the judicial review may appeal the court's final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure.
§ 43-11. {Reserved}
§ 43-12. Prohibited conduct; penalties.
(a) Destruction, etc., of posted order.
Any person who destroys, removes, or defaces an order posted by the Commissioner is guilty of a misdemeanor punishable by a fine of not more than $300 or imprisonment for not more than 30 days, or both.
(b) Failure to obey order.
(1) Any person:
(i) who intentionally disobeys any proper order issued by the Commissioner; or
(ii) who uses or occupies or permits any other person to use or occupy any premises ordered closed,
is guilty of a misdemeanor punishable by a fine of $1,000 or imprisonment for not more than 1 year, or both.
(2) Each day a violation of this subsection 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 30th day after the date it is enacted.
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