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: President Rawlings-Blake
At the request of: The Administration (Department of Housing and Community Development)
A BILL ENTITLED
AN ORDINANCE concerning
Title
Signs on or Affecting Public Property - Enforcement by Housing and Community Development
FOR the purpose of transferring from the Department of Public Works to the Department of Housing and Community Development the enforcement of the laws governing signs on or affecting public property.
Body
BY repealing and reordaining, with amendments
Article 19 - Police Ordinances
Section(s) 45-3 and 45-4
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 45. Signs - On or Affecting Public Property
§ 45-3. Removal of illegal signs.
(a) From City property - by Department.
For any sign posted in violation of § 45-2(1) through (6) of this subtitle, the Department of [Public Works] HOUSING AND COMMUNITY DEVELOPMENT may:
(1) summarily remove the sign; or
(2) send written notice to the person responsible, as described in § 45-5 of this subtitle, ordering that person to remove the sign within the time specified in the notice.
(b) From City property - by others.
(1) For any sign posted in violation of § 45-2(1) through (6) of this subtitle, any individual may:
(i) summarily remove the sign; and
(ii) either:
(A) discard the sign in an appropriate manner; or
(B) submit the sign to the Department of [Public Works] HOUSING AND COMMUNITY DEVELOPMENT for further enforcement proceedings.
(2) A submission to the Department of [Public Works] HOUSING AND COMMUNITY DEVELOPMENT for further enforcement proceedings:
(i) must be accompanied by an affidavit, in the form and tenor required by the regulations adopted under § 45-4 of this subtitle, that describes the circumstances of the violation and removal; and
(ii) may designate a non-profit community or neighborhood association listed with the Department of Planning to share in any fines that might be collected in the matter.
(3) An association so designated is entitled to receive 50% of any fine collected under City Code Article 1, Subtitle 40 {"Environmental Control Board"} or Subtitle 41 {"Civil Citations"}.
(c) From public utility property.
For any sign posted in violation of § 45-2(7) of this subtitle:
(1) the public utility may summarily remove the sign; or
(2) the public utility or the Department [Public Works] HOUSING AND COMMUNITY DEVELOPMENT may send written notice to the person responsible, as described in § 45-5 of this subtitle, ordering that person to remove the sign within the time specified in the notice.
§ 45-4. Liability for costs and expenses.
(a) In general.
Any person who posts a sign in violation of this subtitle and any other person responsible for the sign, as described in § 45-5 of this subtitle, is liable to the City or to the public utility, as the case may be, for the costs of:
(1) removing the sign; and
(2) repairing any damage caused by the placement or removal of the sign.
(b) Rules and regulations for City property.
(1) The [Director of Public Works] COMMISSIONER OF HOUSING AND COMMUNITY DEVELOPMENT shall adopt regulations to provide for the removal of signs illegally placed on City property.
(2) The regulations shall include:
(i) charges to be assessed for the costs of removing illegal signs and repairing damages;
(ii) rules, procedures, and forms to carry out § 45-3(b) {"Removal of illegal signs: From City property - by others"} of this subtitle; and
(iii) provisions that require the Commissioner to report:
(A) the name of the person or entity represented on the material removed;
(B) the number of advertisements, notices, or other signs removed;
(C) the location of the material; and
(D) the type of structure from which the material was removed.
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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