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: The Council President
At the request of: Department of Legislative Reference
A BILL ENTITLED
AN ORDINANCE concerning
Title
Corrective Bill 2007
FOR the purpose of correcting certain technical errors and omissions in the City Code and other enactments; repealing certain obsolete provisions; correcting, clarifying, and conforming certain language; and providing for a special effective date.
Body
BY repealing
Article 1 - Mayor, City Council, and Municipal Agencies
Section(s) 5-1 through 5-5, inclusive, and the subtitle designation
"Subtitle 5. Compensation Commission for Elected Officials"
Baltimore City Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article - Building, Fire, and Related Codes
Section(s) 2-103 (IBC § 34A05.1)
Baltimore City Revised Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article - Health
Section(s) 3-101(a)
Baltimore City Revised Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article 13 - Housing and Urban Renewal
Section(s) 2-7(f)(1)
Baltimore City Code
(Edition 2000)
BY repealing
Article 19 - Police Ordinances
Section(s) 40-1
Baltimore City Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article 31 - Transit and Traffic
Section(s) 31-106(a)
Baltimore City Code
(Edition 2000)
BY repealing and reordaining
Ordinance 05-124
Section(s) 1(2), (4), and (5)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the following provisions of the Code are repealed:
Article 1 - Mayor, City Council, and Municipal Agencies
Section(s) 5-1 through 5-5, inclusive, and the subtitle designation
"Subtitle 5. Compensation Commission for Elected Officials"
COMMENT: Repeals provision made obsolete by ratification of new Charter Article VII, §§ 117 to 125.
SECTION 2. AND BE IT FURTHER ORDAINED, That the Laws of Baltimore City read as follows:
Baltimore City Revised Code
Article - Building, Fire, and Related Codes
Part II. International Building Code
§ 2-103. City modifications.
The additions, deletions, amendments, and other modifications adopted by the City are as follows:
Chapter 34A. Visitability Requirements for Publicly Assisted Dwellings
Section 34A05 Relationship to other laws.
34A05.1 Federal and state laws. Federal and state laws also govern multiple-family dwellings and public accommodations. Newly constructed multiple-family DWELLINGS may also be subject to the federal Americans with Disabilities Act and the federal Fair Housing Act and their respective guidelines.
COMMENT: Corrects inadvertent omission.
Article - Health
Title 3. Health Facilities
Subtitle 1. Ordinance Required to Establish
§ 3-101. "Health facility" defined.
(a) In general.
In this subtitle, "health facility" means:
(1) any hospital or similar facility for the care, custody, or treatment of 2 or more unrelated patients suffering mental or physical ailments; AND
(2) any home for the rehabilitation of non-bedridden alcoholics, as that term is used in the Zoning Code of Baltimore City[; and
(3) any substance abuse treatment center, as defined in the Zoning Code of Baltimore City].
COMMENT: Ord. 06-342 {Bill 05-220} repealed the separate Zoning Code classification for (and definition of) "substance abuse treatment center". It also broadened the classification for clinics to encompass treatment centers and the like. Under the Zoning Code, these clinics do not require an ordinance for approval. The residual reference here is thus obsolete.
Baltimore City Code
Article 13. Housing and Urban Renewal
§ 2-7. Specific powers.
(f) Disposing of property.
(1) In accordance with applicable Renewal Plans or Conservation Plans, to sell at public or private sale, lease, convey, transfer, or otherwise dispose of any land or property, or any interest [therein] IN THEM, acquired by it regardless of whether or not it has been developed, redeveloped, altered, or improved and irrespective of the manner or means in or by which it may have been acquired, to the United States of America, the Housing Authority of Baltimore City, [or] the State of Maryland, or any department or agency [thereof] OF THEM, or [of] TO any private, public, or quasi-public corporation, partnership, association, person, or other legal entity, for conservation, development, or redevelopment, including but not limited to [the] renovation or rehabilitation [thereof].
COMMENT: Corrects a misleading preposition. Specifically, the phrase "of any private ... entity" should read "to any private ... entity". Cf. Charter Article II, § 15(c) and § 15A(b). Also removes some archaisms.
Article 19. Police Ordinances
Subtitle 40. Unregistered Motorcycles and Similar Vehicles
§ 40-1. Definitions.
(a) In general.
In this subtitle, the following words have the meaning indicated.
(b) Department.
"Department" means the [Mayor's] Department of Transportation.
(c) Dirt bike.
(1) "Dirt bike" means any motorcycle or similar vehicle that is not registered under the Maryland Vehicle Law.
(2) "Dirt bike" includes:
(i) a minibike;
(ii) an all-terrain vehicle of either the 3- or 4-wheel variety; and
(iii) any other motorcycle or similar vehicle that is not eligible for registration under the Maryland Vehicle Law.
(d) Minibike.
"Minibike" means a motor vehicle that:
(1) has a saddle for the use of the rider;
(2) is designed to travel on not more than 3 wheels in contact with the ground;
(3) is not eligible for registration under the Maryland Vehicle Law [or this subtitle]; and
(4) has:
(i) a 10-inch (254 mm) or less nominal wheel-rim diameter;
(ii) 40 inches or less wheel base;
(iii) 25 inches or less seat height, measured at the lowest point on the top of the seat cushion without rider; or
(iv) a propelling engine with piston displacement of 50 cc or less.
(e) Motorcycle or similar vehicle.
(1) "Motorcycle or similar vehicle" means any motor vehicle that is designed to travel on not more than 3 wheels in contact with ground.
(2) "Motorcycle or similar vehicle" includes a minibike.
[(f) Motor scooter.
"Motor scooter" has the meaning stated in State Transportation Article § 11-134.4.]
(F) [(g)] Unregistered motorcycle or similar vehicle.
"Unregistered motorcycle or similar vehicle" means a motorcycle or similar vehicle that:
(1) is eligible for registration under the Maryland Vehicle Law; but
(2) is not in fact registered.
COMMENT: This section was enacted by Ord. 07-398, which rewrote much of the subtitle. During deliberations, proposed registration requirements, as well as references to "motor scooters", were deleted. This clears up some of the consequent inconsistencies.
Article 31. Transit and Traffic
Subtitle 31. Clear Streets and Impoundment
§ 31-106. Driveways, service drives, private ways.
(a) In general.
Within any zone marked as tow away, pursuant to [§ 6-2] § 6-12 of this article, so as to obstruct or impede egress or ingress to or from a driveway, service drive, or private way.
COMMENT: Corrects cross-reference.
Uncodified Ordinances
Ordinance 05-124
(Urban Renewal Plan for Middle East - Amendment 8)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the following changes in the Urban Renewal Plan for Middle East are approved:
. . . .
(2) In the Plan, replace Appendix E Design Guidelines with "[Exhibit A] APPENDIX E, New East Baltimore Community Design Guidelines", dated March 30, 2005.
. . . .
(4) In the Plan, amend B.(1)h. to read as follows:
h. PUD Standards and Controls
The development of the East Baltimore Biotech Center and the surrounding area ([Collectively] COLLECTIVELY, the "East Baltimore Development Project Area", described in [Exhibit B] APPENDIX F) shall require the preparation of a comprehensive plan of development that is approved through a process that has substantial community involvement. "Substantial [Community Involvement] COMMUNITY INVOLVEMENT" means: Community participation that is consistent with the required approval of the Planned Unit Developments (PUDs).
In addition, PUDs shall be encouraged (and for any phase after the initial phase, required) or, per Section 9-105(b) of the Zoning Code or as otherwise permitted by law, initiated by the Planning Commission itself to:
(1) establish unitary control over the East Baltimore Development Project Area, rather than lot-by-lot regulation;
(2) achieve maximum coordination between or among each PUD and neighboring land uses;
(3) provide greater flexibility to the redeveloper;
(4) allow for greater involvement by the impacted community;
(5) ensure that significant housing resources are made available to households of varying income levels, specifically, low income (50% or less of the median income applicable to Baltimore City as published and annually updated by the United States Department of Housing and Urban Development), moderate income (making more than 50% of median income applicable to Baltimore City but less than 100% of median income, using a combination of price adjustments and buyer financing assistance programs, sponsored by the State of Maryland and other sources), and market rate without regard to income;
(6) in accordance with subparagraph (5), ensure that the Development Project Area provides (excluding student housing) one-third low income housing, one-third moderate income housing, and one third market rate housing; and
(7) optimize the preservation of existing historic buildings and the unique historic character of the East Baltimore Development Project Area for Baltimore residents and visitors.
In the event that a PUD is not utilized, there shall be no significant development within the East Baltimore Development Project Area or the completion of a comprehensive plan development for the East Baltimore Development Project Area without substantial community involvement, as defined above.
The Development Project Area shall be developed in accordance with the "Land Disposition and Development Agreement" between the Mayor and City Council of Baltimore and East Baltimore Development, Inc., effective April 28, 2004, as amended from time to time.
(5) In the Plan, add "[Exhibit B] APPENDIX F, Project Area Description".
COMMENT: Corrects references to appendices, capitalization errors, and paragraphing.
SECTION 3. 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 4. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the date it is enacted.
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