Code of the Town of Landover Hills

Table of Contents

Chapter 1................................................................................................................ General Provisions

Chapter 2...................................................................................................................... Administration

Chapter 3................................................................................................................ General Guidelines

Chapter 5......................................................................................................... Cable Communications

Chapter 6..................................................................................................................... Animal Control

Chapter 11.......................................................................................................... Building Construction

Chapter 14......................................................................................... Commercial Property Standards

Chapter 20............................................................................................................................ Elections

Chapter 24.................................................................................................................. Ethics, Code of

Chapter 28.............................................................................................................. Fees and Penalties

Chapter 30.......................................................................................................... Fire Protection Code

Chapter 35............................................................................................... Garbage and Trash: Littering

Chapter 41.................................................................................................................... Housing Code

Chapter 58............................................................................................................... Nuisances, Public

Chapter 63................................................................................................................................. Parks

Chapter 67...................................................................................................... Peace and Good Order

Chapter 70........................................................................................................ Peddling and Soliciting

Chapter 74........................................................................................................ Property Maintenance

Chapter 84.................................................................................................................................. Signs

Chapter 90........................................................................................................ Streets and Sidewalks

Chapter 91......................................................................................... Homestead Property Tax Credit

Chapter 98................................................................................ Parking, Traffic and Truck Regulations

 


CHAPTER 1

GENERAL PROVISIONS

Section 101.                 How Code Designated and Cited

Section 102.                 Catchlines of Sections

Section 103.                 Provisions Considered as Continuation of Existing Ordinances

Section 104.                 Severability of Parts of Code

Section 105.                 Effect of Repeal of Ordinances

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Section 101.                 How Code Designated and Cited

The Ordinances embraced in this and the following chapters and the sections shall constitute and be designated as “The Code of the Town of Landover Hills, Maryland” and may be so cited.

Section 102.                 Catchlines of Sections

The catchlines of the several sections of this Code are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of such sections, nor unless expressly so provided shall they be so deemed when any of such section including the catchlines are amended, or re-enacted.

Sections 103.               Provisions Considered as Continuation of Existing Ordinances

The provisions appearing in this Code, so far as they are the same as those Ordinances existing prior to the adoption of this Code, shall be considered as continuations thereof and not as new enactments.

Section 104.                 Severability of Parts of Code

It is hereby declared to be the intention of the Mayor and Town Council that the sections, paragraphs, sentences, clauses and words of this Code be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such constitutionality or invalidity shall not affect any of the remaining words, clauses, sentences, paragraphs and sections of this Code since the same would have been enacted by the Mayor and Town Council without the incorporation in this Code of any such unconstitutional or invalid word, clause, sentence, paragraph or section.

Section 105.                 Effect of Repeal or Ordinances

The repeal of an Ordinance shall not revise the application of any Ordinances in force before or at the same time the Ordinance repeal took effect. The repeal of an Ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal for an offense committed under the Ordinance repeal.


CHAPTER 2

ADMINISTRATION

ARTICLE I.  MAYOR AND COUNCIL

Section 201.                 Compensation

Section 202.                 Town Manager

Section 203.                 Police Department

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Section 201                  Compensation

The Mayor shall receive as compensation $100.00 per month as salary, payable on a monthly basis. Each Councilmember holding office shall receive as compensation $50.00 per month as salary, payable on a monthly basis. Provided, however, that the monthly compensation of the three persons elected to the Council of Landover Hills in May, 1997 or subsequently appointed to the Council to fill the seats which are subject to election in May, 1997 shall be increased to $100 effective July 1, 1997. The monthly compensation of the Mayor and the three persons elected to the Council in May, 1999 or subsequently appointed to the Council to fill the seats which are subject to election in May, 1999 shall be increased to $175 and $100 respectively commencing July 1, 1999. No change in the amount of compensation may be enacted by the Council of Landover Hills to be effective during their current term of office.

(Ordinance 97-0-01; Effective March 10, 1997)

Section 202                  Town Manager

The Town Manager shall perform the following functions:

A.  Recommend to the Mayor and Council the classification of positions and compensations therefore and administer any classification system, rate of compensation for employees and disciplinary system

B.  Establish qualifications for all employment positions prior to the creation thereof.

C.  Supervise the personnel systems pursuant to the personnel regulations of the Town.

D.  Recommend measures calculated to increase efficiency and to promote the interests and welfare of the employees.

E.  Devise necessary administrative procedures to execute the policies of the Mayor and Council.

F.  Administer such rules, regulations and procedures as may be set forth by the Mayor and Council.

G.  Supervise the recruiting, examining, investigating and determining the qualifications of all positions in the personnel system.

H.  Maintain personnel records as may be necessary.

I.  Amend and update the personnel regulations initially enacted by the Mayor and Council and promulgate such changes among all employees of the Town, provided such amendments and updates are in keeping with the policies of the Mayor and Council.

J.  Serve as department head of the administrative offices of the Town.

K.  Be the supervisor of the other department heads.

L. Perform such other duties as assigned by the Mayor and Council.

(O-04-03)

Section 203                  Police Department

A.  Authorization of police department.

1.  There is hereby established and confirmed a Landover Hills police department headed by a Chief of Police.

2.  Subject to specific delegations of authority herein made or hereafter enacted by ordinance or regulation, and further subject to the procedures outlined in the personnel regulations of the Town, the Mayor and Council shall retain all authority necessary to oversee the police department and may, if they so choose, appoint and terminate police officers.  However, unless specifically directed otherwise by the council, the chief of police shall report to and be responsible to the Town manager regarding the administration of the police department.

3.  The police department shall consist of an Office of the Chief of Police who shall be the department head of the police department and such other patrol officers or investigative units as the Mayor and Council deem appropriate.

B.  Establishment of General Orders.  The Chief of Police shall promulgate general orders of the police department to govern the conduct of police officers.  Such general orders may be approved by the Mayor and Council.  However, the Chief of Police has the authority to issue new general orders or to amend existing general orders with the approval of the Town Manager so long as such general orders or amendments thereto are in keeping with the policies of the Mayor and Council.  The General Orders currently in effect within the police department are hereby ratified and affirmed.

C.  The Chief of Police is hereby delegated the authority to issue such additional instructions, orders, rules and regulations and to take such actions as are authorized, directed or implied which are necessary for the effective and efficient management of the police department and supervision of the police force. Nothing in this delegation shall be deemed to supercede or amend the powers granted to the Town Manager or the Mayor and Council.

D.  Appointment of officers, their removal and suspension.

1.  The Chief of Police shall be appointed by and serve at the pleasure of the Mayor and Council and may be removed or suspended from office for any reason by the Mayor and Council at any public meeting, unless otherwise provided by the mayor and Town council.  When the chief is on leave of absence, suspension, or the position is vacant, the Mayor and Council may name an acting Chief of Police, who will assume the responsibilities of the chief during such temporary absence or vacancy.

2.  All other police officers shall be appointed by the Chief of Police with the approval of the Town Manager.  Such officers may be removed from office under state law or under the personnel regulations of the Town, or as a result of a reduction in force ordered by the Mayor and Council.

3.  Police officers may be suspended from duty with or without pay by the police chief at any time for violation, or pending investigation for possible violation of any law or any of the laws or regulations governing the conduct of employees.

E.  Line of command.  The Chief of Police shall maintain a roster of officers by rank and seniority in rank and publish it for knowledge of all officers.  All police officers shall promptly obey any order emanating from any superior officer in the line of command.  In emergencies, in the absence of the Chief of Police from the jurisdiction, or if the officer in charge is unable for any reason to carry out that officer’s duties, the police shall call in a county supervisor for guidance.  The Chief of Police, in his temporary absence, may appoint an officer in charge of the department.

F.  General police policies, objectives, and functions.

1.  Police protection for the Town of Landover Hills is based on a cooperative arrangement between the Prince George’s County Police Department.  The Landover Hills police department provides within the Town limits of Landover Hills:

A.  All police services normally expected of the county-uniformed police division;

B.  More frequent and intensive patrol and faster response to trouble calls than would normally be expected from the county;

C.  Limited investigation and follow-up of crimes committed and other criminal activity to supplement and complement county investigation programs;

D.  Enforcement of Town ordinances; and

E.  Programs to meet the special needs of Landover Hills for police service, crime prevention and public safety.

2.  The Landover Hills Police Department’s primary objectives are to assure peace, good order and safety for the public throughout its jurisdiction, and to achieve adherence to Town and County ordinances and state laws.  Primary responsibilities include the diligent protection of life and property, public and private, and surveillance of and responsive action with respect to violation of Town and county ordinances and state laws.  In addition, the Landover Hills police are expected to provide prompt response to citizens requests for assistance, to the extent that circumstances permit.

3.  To the maximum extent practicable and limited only by the resources available at the time, the Landover Hills Police Department will handle all requirements within the Town for police patrol, initial response to requests for police assistance, preliminary investigation of crimes reported or suspected, and other responsibilities normally expected of uniformed police officers.

4.  To the extent practicable, Landover Hills police will rely on a friendly persuasion and programs to encourage compliance, rather than on punitive action, as a deterrent to law and ordinance violations.  Special emphasis must be made to establish a friendly and cooperative attitude toward all residents under all circumstances.  In those instances where these attitudes are not returned, the Landover Hills police are charged with maintaining a professional calm and, under no circumstances will the Landover Hills police engage in abusive verbal exchanges.

G.  Duties and Responsibilities.

1.  Police officers are considered at all times to be on duty, or subject to call for duty by proper authority or, when in the Town limits, by citizens in trouble.  The fact that they may be temporarily off duty or on leave does not preclude them from the responsibility of taking proper police action in any matter coming to their attention requiring such action.

2.  Responsibilities of Chief of Police: the Chief of Police is the general executive and administrative officer of the Landover Hills Police Department, and shall:

(a) be fully responsible for its operations, including efficient conduct, control and discipline of the force, subject to the policies, orders, rules and regulations approved by the Mayor and Council, or the Town Manager.

(b) shall take measures as will insure prompt and vigorous enforcement of all criminal statutes, laws, regulations and ordinances applicable to the Town of Landover Hills.

(c) issue orders, rules and regulations necessary to administer the department and not inconsistent with policies, orders, rules and regulations approved by the Mayor and Council or Town Manager.

(d) establish standards of performance and efficiency for all police operations, and will take steps to assure that such standards are maintained through periodic personal observation, and reports of performance and efficiency which will be made available to the Town Manager and the Mayor and Council upon request.

(e) be responsible for the training and refresher training of officers so as to develop and maintain their professional competence.  The chief shall provide for specialized training and improvement of probationary officers, and shall report to the Town Manager on the performance evaluation of each probationary officer.

(f) be responsible for exacting from all members of the department strict obedience to the rules of conduct laid down for officers, and for taking prompt action in administering the discipline prescribed for violations of such rules.

(g) proceed immediately to the scene of any riot, tumultuous assembly, dangerous barricade, police officer in trouble, firearms discharge by a police officer, or other unusual occurrence indicating danger to the community, and take command of the police force.

(h) be the custodian of all property coming into the possession of the department and shall be accountable for the same, including safekeeping, proper disposition and maintenance of appropriate property records.  The chief shall see that all property used for evidence is returned to its lawful owner when no longer needed as evidence.

(i) periodically inspect all public places within the Town, including public rights-of-way, parks and alleys; the means of entrance and exit to schools and churches; and the quantity, flow and control of traffic for the purpose of assuring public safety.  The chief shall develop programs for and shall promote public safety throughout the Town, including meeting with the public, private, business, school and other community groups and individuals to advance community confidence and support in police and public safety programs.

(j) analyze data concerning crime, traffic accidents and other incidents, and otherwise keep abreast of needs and opportunities for new or improved police programs to meet the Town’s policies and objectives, and on the basis of such analysis shall recommend to the Town Manager and the council plans and programs to meet such needs and opportunities.

(k) be responsible for developing and supervising the execution of safety programs within the department for the purpose of reducing hazards and accidents to persons and equipment.

(l) not less than once a month, at irregular and unannounced times, visit all components of the command, inspecting them for the efficiency and effectiveness of their operations and conformity with regulations and orders, initiating corrective action or disciplinary measures where indicated.

(m) assign personnel and hours of duty to most effectively meet the Town’s requirements for police service.  The Town Manager shall be kept advised of duty hours and assignments, and consulted where unusual variations and requirements appear necessary.

(n) be alert to grievances of personnel within the department and to complaints concerning the operations of the department, and shall assure that all grievances and complaints are handled promptly with due regard to the rights of all parties concerned and the Town.  Grievances and complaints which cannot be resolved within the department will be forwarded to the Town Manager for resolution.

(o) be responsible for devising and administering a system of daily, weekly and monthly reports from which a full record of all police activity in the Town can be made available to the Town Manager and the Mayor and Council.

(p) perform patrol duty and all other police duties as are necessary to maintain close familiarity with the Town, its residents and regular visitors and their activities, and to supplement the regular patrol, particularly at times of special need or emergency, or in the absence of other officers or as directed by the mayor or Town Manager.

(O-04-03)


CHAPTER 3

GENERAL GUIDELINES

Section 301.                 Advertisement for Sealed Bids

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Section 301.                 Advertisement for Sealed Bids

A. All expenditures for supplies, materials, equipment, construction of public improvements, or contractual services involving more than five thousand dollars ($5,000.00) shall be made utilizing competitive bids and written contracts. The Council shall be required to advertise for sealed bids in such a manner as may be prescribed by Ordinance for all such contracts. The contract shall be awarded to the bidder who offers the best bid, which consideration shall include such factors as the lowest price, quality of goods and work, time of delivery or completion, ability to deliver goods or complete work and responsibility of bidders being considered and assurance to provide or maintain the equipment or services for which the bid is submitted. All such written contracts shall be approved by the Council before becoming effective. The Council shall have the right to reject all bids and re-advertise. The Town at any time in its discretion may employ its own forces for the construction or reconstruction of public improvements without advertising (or re-advertising) for or receiving bids. The Town Council by a two thirds (2/3) vote may waiver the bidding requirements of this section for good cause shown. All written contracts may be protected by such bonds, penalties and conditions as the Town may require.

B. Expenditures for supplies, materials, equipment, construction of public improvements, or contractual services involving five thousand dollars ($5,000.00) or less, but more than one thousand ($1,000.00) need not be made utilizing competitive bids, but shall be made on written contracts, approved by the Council. In the event that one thousand or less is involved, no written contract is required.

C. Notwithstanding any provisions of subsections A, or B, of this section to the contrary, whenever the State of Maryland or any Department thereof, or Prince George’s County, or the Metropolitan Washington Council of Governments or member government, has conducted a bid and has awarded a contract authorizing local governments to purchase the bid item at the bid price, the Mayor and Council may authorize the Town Manager to purchase the item in question for the bid price from the successful bidder, without the conduct of a separate bid by the Town, provided:

1.         That the expenditure does not exceed $50,000; and

2.         That the Town Manager independently acquires and documents market conditions and determines that the bid price is competitive.

D. Notwithstanding any provisions of subsections A, or B, of this section to the contrary, the Mayor and Council may authorize the purchase at auction of motor vehicles or other equipment for use by Town employees in the conduct of Town business without prior approval of a written contract, provided, however, that any purchase of a motor vehicle or other equipment at auction for a sum in excess of five thousand dollars ($5,000.00) shall be subject to the requirements of subsection A. of this section with respect to waiver of bidding.


CHAPTER 5

CABLE COMMUNICATIONS

501. General Provisions

(a) Title

(b) Effective Date and Repealer

(c) Findings and Purpose

(d) Delegation of Powers

502. Definitions and Word Usage

(a) Definitions and Usage - General

(b) Access Channel

(c) Affiliate

(d) Basic Service

(e) Cable Act

(f) Cable Service

(g) Cable System or System

(h) Channel

(l) Converter

(m) Council

(o) Customer

(p) Educational Access Channel or Educational Channel

(q) FCC

(r) Franchise

(s) Franchise Agreement

(t) Franchise Area

(u) Franchisee

(v) Governmental Access Channel or Governmental Channel

(w) Installation:

(x) Leased Access Channel

(y) Net Profit

(z) Normal Business Hours

(aa) Normal Operating Conditions

(bb) OVS

(cc) Person

(dd) Programmer

(ee) Public Access Channel

(ff) Public Rights-Of-Way

(gg) Security Fund

(hh) Service Interruption

(ii) Subscriber

(jj) Town

(kk) Transfer

(ll) User

503. Grant of Franchise

(a) Grant

(b) Term of Franchise

(c) Franchise Characteristics

(d) Franchisee Subject to Other Laws, Police Power

(e) Interpretation of Franchise Terms

(f) Operation of a Cable System Without a Franchise

(g) Acts at Franchisee’s Expense

(h) Eminent Domain

504. Franchise Applications

(a) Application Required

(b) Application for Grant of an Initial Franchise

(c) Contents of Application

(d) Application for Grant of a Renewal Franchise

(e) Application for Modification of a Franchise

(f) Public Hearings

(g) Acceptance of Franchise

505. Filing Fees

506. Provision of cable service (a) availability of cable service (b) line extension requirement (c) cost sharing (d) continuity of service

507. Design and Construction

(a) System Construction Schedule

(b) Construction Procedures

(c) Restoration

(d) Use of Public Property

(e) Interference with Public Projects

508. Channels and Facilities for Public, Educational and Governmental Use

(a) Management of Channels

(b) Public Access Programming Rules

(c) Use of Access Channels

509. Consumer Protection

(a) General Provisions

(b) Installations, Connections, and Other Franchisee Services

(c) Telephone and Office Availability

(d) Scheduling and Completing Service

(e) Interruptions of Service

(f) Notice to Subscribers

(g) Billing

(h) Disconnection/Downgrades

(i) Changes in Service

(j) Parental Control Option

(k) Enforcement

(l) Anticompetitive Acts Prohibited

510. Rate Regulation

(a) General Authority

(b) Nondiscrimination

511. Franchise Fee

(a) Finding

(b) Payment of Franchise Fee

(c) Method of Payment

(d) Not a tax or in lieu of any other tax or fee

(e) Late Payments

(f) Audit

(g) No Accord or Satisfaction

512. Reports and Records

(a) Open Books and Records

(b) Communication with Regulatory Agencies

(c) Annual Report

(d) Seal Report

(e) Monthly Report

(f) Special Reports

(g) Additional Reports

(h) Records Required

(i) Performance Evaluation

(j) Voluminous Materials

(k) Retention of Records; Relation to Privacy Rights

(l) Waiver of Reporting Requirements

513. Insurance, Surety, and Indemnification

(a) Insurance Required

(b) Endorsements

(c) Qualifications of Sureties

(d) Policies Available for Review

(e) Additional Insureds; prior notice of policy cancellation

(f) Failure Constitutes Material Violation

(g) Indemnification

(h) No Limit of Liability

514. Performance Guarantees and Penalties

(a) Penalties

(b) Termination on Account of Certain Assignments or Appointments

(c) Remedies Cumulative

(d) Relation to Insurance and Indemnity Requirements

515. Transfers

(a) Town Approval Required

(b) Approval Does Not Constitute Waiver

516. Open Video Systems

(a) Applicability of Ordinance

(b) Fee in Lieu of Franchise Fee

(c) Public, Educational, and Governmental Access Obligations

(d) Right-Of-Way Usage

517. Rights of Individuals Protected

(a) Discriminatory Practices Prohibited

(b) Equal Employment Opportunity

(d) Subscriber Privacy

518. Theft of Service

519. Administration

520. Miscellaneous Provisions

(a) Compliance with Laws

(b) No Recourse Against the Town

(c) Rights and Remedies

(d) Amendments to this Ordinance

(e) Public Emergency

(f) Connections to System; Use of Antennae

(g) Calculation of Time

(h) Severability

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Section 501.                 General Provisions

(A) Title.

This ordinance shall be known and may be cited as the “Town Cable Communications Regulatory Code.”

(B) Effective Date and Repealer.

This ordinance shall take effect and be in force from and after passage. All prior ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

(C) Findings and Purpose.

(1) The Mayor and Council find that the further development of cable communications may result in great benefits for the people of the Town. Cable technology is rapidly changing, and cable plays an essential role as part of the Towns basic infrastructure. Cable television systems occupy and extensively make use of scarce and valuable public rights-of-way, in a manner different from the way in which the general public uses them, and in a manner reserved pay for those who provide essential services to the public subject to special public interest obligations, such as utility companies. The Town finds that public convenience, safety, and general welfare can best be served by establishing regulatory powers vested in the Town or such persons as the Town so designates to protect the public and to ensure that any franchise granted is operated in the public interest.

(2) Further, it is recognized that cable systems have the capacity to provide not only entertainment and information services to the Town’s residents, but can provide a variety of broadband, interactive communications services to institutions and individuals.

(3) In light of the foregoing, the following goals, among others, underlie the provisions set forth in this ordinance:

(a) Cable service should be available to as many Town residents as possible.

(b) A cable system should be capable of accommodating both present and reasonably foreseeable future cable-related needs of the Town.

(c) A cable system should be constructed and maintained during a franchise term so that changes in technology may be integrated to the maximum extent possible into existing system facilities.

(d) A cable system should be responsive to the needs and interests of the local cosy, and shall provide a diversity of information sources and service to the public.

(e) A cable operator should pay fair compensation to the Town for the use of local public rights-of-way.

(4) All provisions set forth in this ordinance shall be construed to serve the public interest and the foregoing public purposes, and any franchise issued pursuant to this ordinance shall be construed to include the foregoing findings and public purposes as integral parts thereof.

(D) Delegation of Powers. The Town may delegate the performance of any act, duty, or obligation, or the exercise of any power, under this ordinance or any franchise agreement to any employee, officer, department or agency, except where prohibited by applicable law.

Section 502.                 Definitions and Word Usage

(A) Definitions and Usage - General.

For the purposes of this ordinance, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number, and words in the singular number include the plural number; and the masculine gender includes the feminine gender. The words “shall” and “will” are mandatory, and “may” is permissive. Unless otherwise expressly stated, words not defined herein shall be given the meaning set forth in title 47 of the united states code, as amended, and, if not defined therein, their common and ordinary meaning.

(B) Access Channel: Any cal on a cable system set aside by a franchisee for public, educational, or governmental use.

(C) Affiliate: Any person who owns or controls, is owned or controlled by, or is under common ownership or control with a franchisee.

(D) Basic Service: Any service tier that includes the retransmission of local television broadcast signals and/or public, educational, and governmental access signals.

(E) Cable Act: The Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et seq., as amended from time to time.

(F) Cable Service: (1) The one-way transmission to subscribers of video programming or other programming services; and (2) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

(G) Cable System or System: A facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable television service which includes video programming and which is provided to multiple subscribers within the Town, but such term does not include (1) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (2) a facility that serves subscribers without using any public rights-of-way; (3) a facility of a common carrier which is subject, in whole or in part, to the provisions of title ii of the communications act, except that such facility shall be considered a cable system if such facility is used in the transmission of video programming directly to subscribers; (4) an open video system that complies with 47 U.S.C. § 573; or (5) any facilities of any electric utility used solely for operating its electric utility system. A reference to a cable system refers to any part thereof, including, without limitation, converters. The foregoing definition of “cablesystem” shall not be deemed to circumscribe or limit the valid authority of the Town to regulate or franchise the activities of any other communications system or provider of communications services to the full extent permitted by law. Any franchise agreement shall define the services any franchisee is authorized to use the public rights-of-way to provide.

(H) Cal: A six megahertz (mhz) frequency band, or equivalent capacity, which is capable of carrying either one standard video signal, a number of audio, digital or other non-video signals or some combination of such signals.

(I) Converter: An electronic device which may serve as an interface between a system and a subscriber’s television receiver or other terminal equipment, and which may perform a variety of functions, including signal security, descrambling, electronic polling, frequency conversion and channel selection.

(J) Council: The governing body of the Town.

(K) Customer: Same as “subscriber.”

(L) Educational Access Cal or Educational Cal: Any cal on a cable system set aside by a franchisee for educational use.

(M) FCC: The Federal Communications Commission, its designee, or any successor governmental entity thereto.

(N) Franchise: A non-exclusive authorization granted pursuant to this ordinance to construct, operate, and maintain a cable system along the public rights-of-way to provide cable service within all or a specified area of the Town. Any such authorization, in whatever form granted, shall not mean or include any general license or permit required for the privilege of transacting and carrying on a business within the Town as required by the ordinances and laws of the Town, or for attaching devices to poles or other structures, whether owned by the Town or a private entity, or for excavating or performing other work in or along public rights-of-way.

(O) Franchise Agreement: A contract entered into pursuant to this ordinance between the Town and a franchisee that sets forth, subject to this ordinance, the terms and conditions under which a franchise will be granted and exercised.

(P) Franchise Area: The area of the Town that a franchisee is authorized to serve by its franchise agreement.

(Q) Franchisee: A natural person, partnership, domestic or foreign corporation, association, joint venture, or organization of any kind that has been granted a franchise by the Town.

(R) Governmental Access Channel or Governmental Cal: Any channel on a cable system set aside by a franchisee for government use.

(S) Installation: The connection of system services to subscribers’ television receivers or other subscriber-owned or -provided terminal equipment.

(T) Leased Access Channel or Commercial Access Channel: Any channel on a cable system designated or dedicated for use by a person unaffiliated with the franchisee.

(U) Mayor: The Mayor of the Town.

(V) Net Profit: The amount remaining after deducting from gross revenues all of the actual, direct and indirect, expenses associated with operating the cable system, including the franchise fee, interest, depreciation, and federal or state income taxes.

(W) Normal Business Hours: Those hours during which most similar businesses in the community are open to serve customers, including some evening hours at least one night per week and/or some weekend hours.

(X) Normal Operating Conditions: Those service conditions that are within the control of a franchisee. Conditions that are not within the control of a franchisee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe weather conditions. Conditions that are ordinarily within the control of a franchisee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and dance or upgrade of a cable system.

(Y) OVS: An open video system that complies with 47 U.S.C. § 653, as amended.

(Z) Person: An individual, partnership, association, joint stock company, organization, corporation, or any lawful successor thereto or transferee thereof, but such term does not include the Town.

(AA) Programmer: Any person or entity that produces or otherwise provides program material or information for transmission by video, audio, digital or other signals, either live or from recorded traces or other storage media, to users or subscribers by means of a cable system.

(BB) Public Access Channel: Any cal on a cable system set aside by a franchisee for use by the general public, including groups and individuals, and which is available for such use on a non-discriminatory basis.

(CC) Public rights-of-way: The surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkway, waterway, easement, or similar property within the Town, which, consistent with the purposes for which it was dedicated, may be used for the purpose of installing and maintaining a cable system. No reference herein, or in any franchise agreement, to a “public right-of-way” shall be deemed to be a representation or guarantee by the Town that its interest or other right to control the use of such property is sufficient to permit its use for such purposes, and a franchisee shall be deemed to gain only those rights to use as are properly in the Town and as the Town may have the undisputed right and power to give.

(DD) Security Fund: A performance bond, letter of credit, or cash deposit, or any or all of these, to the extent required by a franchise agreement.

(EE) Service Interruption: Loss of picture or sound on one or more cable channels, as described in FCC regulations as of December 1, 1998.

(FF) Subscriber: Any person who legally receives any service delivered over a cable system.

(GG) Town: the Town of Landover Hills, Maryland, and an agency, department, or agent thereof.

(HH) Transfer: (1) Any transaction in which: (a) any ownership or other right, title, or interest of more than ten percent (10%) in a publicly-traded corporation controlling a franchisee, its cable system, or any person that is a cable operator of the cable system (or in the franchisee itself, if it is a publicly traded corporation) is transferred, sold, assigned, leased, or sublet, directly or indirectly; or (b) any ownership or other right, title, or interest cognizable under FCC regulations of fifty percent (50%) or more in an entity other than a publicly-traded corporation controlling a franchisee, its cable system, or any person that is a cable operator of the cable system (or in the franchisee itself, if it is a publicly traded corporation) is transferred, sold, assigned, leased, or sublet, directly or indirectly, to an entity that does not presently control such entity other than a publicly traded corporation; or (c) there is any transfer of control of a franchisee; or (d) a franchise is transferred to another entity; or (e) any change or substitution occurs in the managing general partners of a franchisee, where applicable; or (f) a franchisee, or its corporate parents at any level, enter into any transaction that materially increases the debt that is to be borne by the system directly or indirectly, in a manner that creates a risk of an adverse effect on system rates or services; but transfer shall not include transactions in which a franchisee is reorganized within another corporation owned, owning, or commonly controlled with the franchisee, if such transaction does not materially affect the ultimate control of the franchisee or the sources and amounts of funds available to the franchisee.  (2) “control” for purposes of this definition means the legal or practical ability to exert actual working control over the affairs of the franchisee, either directly or indirectly, whether by contractual agreement, majority ownership interest, any lesser ownership interest, or in any other manner.

(II) User: A person or organization using a cal or equipment and facilities for purposes of producing or transmitting material, as contrasted with the receipt thereof in the capacity of a subscriber.

Section 503.                 Grant of Franchise

(A) Grant.

(1) The Town may grant one or more cable franchises, and each such franchise shall be awarded in accordance with and subject to the provisions of this ordinance.

(2) Franchises shall be granted by action of the council pursuant to applicable law.

(3) No person may construct or operate a cable system without a franchise granted by the Town. No person may be granted a franchise without having entered into a franchise agreement with the Town pursuant to this ordinance.

(B) Term of Franchise.

No franchise shall be granted for a period of more than fifteen (15) years, except that a franchisee may apply for renewal or extension pursuant to applicable law.

(C) Franchise Characteristics.

(1) A franchise authorizes use of public rights-of-way for installing cables, wires, lines, optical fiber, underground conduit, and other devices necessary and appurtenant to the operation of a cable system to provide cable service within a franchise area, but does not expressly or implicitly authorize a franchisee to provide service to, or install a cable system on, private property without owner consent (except for use of compatible easements pursuant to section 621 of the cable act, 47 U.S.C. § 541(a)(2) and common law), or to use publicly or privately owned conduits without a separate agreement with the owners.

(2) A franchise shall constitute both a right and an obligation to provide the cable services regulated by the provisions of this ordinance and the franchise agreement.

(3) A franchise is non-exclusive and will not explicitly or implicitly preclude the issuance of other franchises to operate cable systems within the Town; affect the Town’s right to authorize use of public rights-of-way by other persons to operate cable systems or for other purposes as it determines appropriate; or affect the Towns right to itself construct, operate, or maintain a cable system, with or without a franchise.

(4) All privileges prescribed by a franchise shall be subordinate to (without limitation) the Towns use and any prior lawful occupancy of the public rights-of-way

(5) The Town reserves the right to reasonably designate where a franchisee’s facilities are to be placed within the public rights-of-way and to resolve any disputes among users of the public rights-of-way.

(D) Franchisee Subject to Other Laws, Police Power.

(1) A franchisee shall at all times be subject to and shall comply with all applicable federal, state, and local laws. A franchisee shall at all times be subject to all lawful exercise of the police power of the Town, including all rights the Town may have under 47 U.S.C. § 552. Nothing in a franchise agreement shall be deemed to waive the requirements of the various codes and ordinances of the Town regarding permits, fees to be paid, or manner of construction.

(2) No course of dealing between a franchisee and the Town, or any delay on the part of the Town in exercising any rights hereunder, or any acquiescence by the Town in the actions of a franchisee that are in contravention of such rights (except to the extent such rights are expressly waived by the Town) shall operate as a waiver of any such rights of the Town.

(3) The Town may, from time to time, issue such reasonable rules and regulations concerning cable systems as are consistent with applicable law.

(E) Interpretation of Franchise Terms.

(1) The provisions of this ordinance and any franchise agreement will be liberally construed in favor of the Town in order to effectuate their purposes and objectives and to promote the public interest.

(2) Subject to federal law or regulation, a franchise age will be governed by and construed in accordance with the laws of the state of Maryland.

(F) Operation of a Cable System Without a Franchise.

Any person who occupies the public rights-of-way of the Town for the purpose of operating or constructing a cable system or an OVS and who does not hold a valid franchise (or other authority allowing such entity to be in the public rights-of-way to provide video services) from the Town shall nonetheless, to the extent allowable by law, be subject to all provisions of this ordinance, including but not limited to its provisions regarding construction and technical standards and franchise fees. Such person shall apply for a franchise within thirty (30) days of receipt of a written notice by the Town that a franchise agreement is required. The Town may, in its discretion, require such person to remove its property and restore the area to a condition satisfactory to the Town within a reasonable time period, as the Town shall determine; remove the property itself and restore the area to a satisfactory condition and charge the person the costs therefor; and/or take any other action it is entitled to take under applicable law, including filing for and seeking damages under trespass. In no event shall a franchise be created unless it is issued by action of the Town and subject to a written franchise agreement.

(G) Acts at Franchisee’s Expense.

Any act that a franchisee is or may be required to perform under this ordinance, a franchise agreement, or applicable law, including but not limited to removal, replacement, or modification of the installation of any of its facilities and restoration to Town standards and specifications of any damage or disturbance caused to the public rights-of-way as a result of its operations or construction on its behalf, shall be performed at the franchisee’s expense, unless expressly provided to the contrary in this ordinance, the franchise agreement, or applicable law.

(H) Eminent Domain.

Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, the Towns rights of eminent domain to the extent to which they may apply to any public utility or cable system.

Section 504.                 Franchise Applications

(A) Application Required.

(1) A written application shall be filed with the Town for grant of an initial franchise or modification of a franchise agreement pursuant to 47 U.S.C. § 545.

(2) To be acceptable for filing, a signed original of the application shall be submitted together with twelve (12) copies. The application must be accompanied by any required application filing fee, conform to any applicable request for proposals, and contain all required information. All applications shall include the names and addresses of persons authorized to act on behalf of all applicants with respect to the application.

(3) All applications accepted for filing shall be made available by the Town for public inspection.

(B) Application for Grant of an Initial Franchise.

(1) A person may apply for an initial franchise by submitting an application containing the information required in section 4(c). Upon receipt of such an application, the Town may either (a) evaluate the application pursuant to section 4(b)(3), conducting such investigations as it deems necessary; or (b) issue a request for proposals (“RFP”), after conducting, if necessary, a proceeding to identify the future cable-related needs and interests of the community. Any such RFP shall be mailed to the person requesting its issuance and made available to any other interested party. The RFP may contain a proposed franchise agreement.

(2) An applicant shall respond to a RFP by filing an application within the time directed by the Town, providing the information and material set forth in section 4(c). The procedures, instructions, and requirements set forth in the RFP shall be followed by each applicant. Any applicant that has already filed materials pursuant to subsection 4(b)(1) herein need not refile the same materials with its RFP response, but must amplify its application to include any additional or different materials required by the RFP. The Town or its designee may seek additional information from any applicant and establish deadlines for the submission of such information.

(3) In evaluating an application for a franchise, the Town shall consider, among other things, the following factors:

(a) The extent to which the applicant has substantially complied with the applicable law and the material terms of any existing cable franchise for the Town;

(b) Whether the quality of the applicant’s service under any existing franchise in the Town, including signal quality, response to customer complaints, billing practices, and the like, has been reasonable in light of the needs and interests of the cooties served;

(c) Whether the applicant has the financial, technical, and legal qualifications to provide cable service;

(d) Whether the application satisfies any MIA requirements established by the Town and is otherwise reasonable to meet the future cable-related needs and interests of the community, taking into account the cost of meeting such needs and interests;

(e) Whether, to the extent not considered under section 4(b)(3)(d), the applicant will provide adequate public, educational, and governmental access channel capacity, facilities, or financial support;

(f) Whether issuance of a franchise is warranted in the public interest considering the immediate and future effect on the public rights-of-way and private property that would be used by the cable system, including the extent to which installation or maintenance as planned would require replacement of property or involve disruption of property, public services, or use of the public rights-of-way; the effect of gag a franchise on the ability of cable to meet the cable-related needs and interests of the community; and the comparative superiority or inferiority of competing applications.

(g) What effects a grant of the application may have on competition in the delivery of cable service in the Town.

(4) If the Town finds that it is in the public interest to issue a franchise considering without limitation the factors set forth above, and subject to the applicant’s entry into an appropriate franchise agreement, it shall issue a franchise. If the Town denies a franchise, it will issue a written decision explaining why the franchise was denied. Prior to deciding whether or not to issue a franchise, the Town may hold one or more public hearings or implement other procedures under which comments from the public on an application may be received. The Town also may grant or deny a request for a franchise based on its review of an application without further proceedings and may reject any application that is incomplete or fails to respond to an RFP. This ordinance is not intended and shall not be interpreted to grant any party standing to challenge the denial of an application or the issuance of a franchise unless such standing is necessary to enforce a party’s rights under its franchise agreement or applicable law.

(C) Contents of Application.

An RFP for the grant of an initial franchise shall require, and any such application shall contain, at a minimum, the following information:

(1) Name and address of the applicant and identification of the ownership and control of the applicant, including: the names and addresses of the ten (10) largest holders of an ownership interest in the applicant and affiliates of the applicant, and all persons with five (5) percent or more ownership interest in the applicant and its affiliates; the persons who control the applicant and its affiliates; all officers and directors of the applicant and its affiliates; and any other business affiliation and cable system ownership interest of each named person.

(2) A demonstration of the applicant’s technical ability to construct and/or operate the proposed cable system, including identification of key personnel.

(3) A demonstration of the applicant’s legal qualifications to construct and/or operate the proposed cable system, including but not limited to the following factors:

(a) The Town shall consider whether an applicant has had previous requests for a franchise denied by the Town or other franchising authorities.

(b) The applicant must have the necessary authority under Maryland law to operate a cable system.

(c) The applicant must have the necessary authority under federal law to hold the franchise and operate a cable system. An applicant must have, or show that it is qualified to obtain, any necessary federal franchises or waivers required to operate the system proposed.

(d) The Town shall consider whether, at any time during the ten (10) years preceding the submission of the application, the applicant or any officer, director, partner or major shareholder thereof was convicted of any act or omission of such character that the applicant cannot be relied upon to deal truthfully with the Town and the subscribers of the cable system, or to substantially comply with its lawful obligations under applicable law, including obligations under consumer protection laws and laws prohibiting anticompetitive acts, fraud, racketeering, or other similar conduct.

(e) The Town shall consider whether an applicant files materially misleading information in its application or intentionally withholds information that the applicant lawfully is required to provide.

(f) The Town shall consider whether any elected official of the Town holds a controlling interest in the applicant or an affiliate of the applicant.

The Town shall provide an opportunity to an applicant to show that it would be inappropriate to deny it a franchise by virtue of the particular circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing therefrom and prevent their recurrence, the lack of involvement of the applicant’s principals, or the remoteness of tie matter from the operation of cable systems.

(4) A demonstration of financial qualifications to complete the construction and operation of the cable system proposed.

(5) A description of any prior experience in cable system ownership, construction, and operation, and identification of cooties in which the applicant or any of its principals have, or have had, a cable franchise or any interest therein.

(6) Identification of the area of the Town to be served by the proposed cable system, including a description of the proposed franchise area’s boundaries.

(7) A detailed description of the physical facilities proposed, including channel capacity, technical design, performance characteristics, headend, and access facilities.

(8) Where applicable, a description of the construction of the proposed system, including an estimate of plant mileage and its location; the proposed construction schedule; and a description, where appropriate, of how services will be converted from existing facilities to new facilities.

(9) A demonstration of how the applicant will reasonably meet the future cable-related needs and interests of the community, including public, educational, and governmental access cal capacity, facilities, or financial support to meet the community’s needs and interests.

(10) If necessary at the Town’s discretion, pro forma financial projections for the proposed franchise term, including a statement of projected income, and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules.

(11) Any other information that may be reasonably necessary to demonstrate compliance with the requirements of this ordinance.

(12) Any additional information that the Town may reasonably request of the applicant that is relevant to the Towns consideration of the application.

(13) An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments, and certifying that the application meets all federal and state law requirements.

(14) The Town may, at its discretion and upon request of an applicant, waive in writing the provision of any of the information required by this section 4(c).

(D) Application for Grant of a Renewal Franchise.

The renewal of any franchise to provide cable service shall be conducted in a manner consistent with section 626 of the cable act, 47 U.S.C. § 546, as from time to time amended.

(E) Application for Modification of a Franchise.

An application for modification of a franchise agreement shall include, at minimum, the following information:

(1) The specific modification requested;

(2) The justification for the requested modification, including the impact of the requested modification on subscribers and others, and the financial impact on the applicant if the modification is approved or disapproved, demonstrated through, inter alia, submission of financial pro formas;

(3) A statement whether the modification is sought pursuant to section 625 of the cable act, 47 U.S.C. § 545, and, if so, a demonstration that the requested modification meets the standards set forth in 47 u.s. c. § 545;

(4) Any other information that the applicant believes is necessary for the Town to make an informed determination on the application for modification; and

(5) An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, and certifying that the application is consistent with all federal and state law requirements.

(F) Public Hearings.

An applicant shall be notified of any public hearings held in connection with the evaluation of its application and shall be given an opportunity to be heard. In addition, prior to the issuance of a franchise, the Town shall provide for the holding of a public hearing within the proposed franchise area, following reasonable notice to the public, at which every applicant and its applications shall be examined and the public and all interested parties afforded a reasonable opportunity to be heard.

(G) Acceptance of Franchise. Following approval by the Town, any franchise granted pursuant to this ordinance, and the rights, privileges and authority granted by a franchise agreement, shall take effect and be in force from and after the first date on which both the franchisee and the Town have accepted and signed the franchise agreement.

Section 505.                 Filing Fees.

(A) To be acceptable for filing, any application of the type listed below submitted after the effective date of this ordinance shall be accompanied by a nonrefundable filing fee of $5,000, payable to the Town, to cover costs incidental to the awarding or enforcement of the franchise, as appropriate:

(1) Application for an initial franchise or for issuance of an RFP

(2) Application for renewal of a franchise

(3) Application for modification of a franchise agreement

(4) Application for approval of a transfer

(B) To the Extent Consistent with Applicable Law:

(1) The Town may require the franchisee, or, where applicable, a transferor or transferee, to reimburse the Town for its reasonable out-of-pocket expenses in considering the application, including consultants’ fees;

(2) No payments made hereunder shall be considered a franchise fee, but fall within one or more of the exceptions in 47 U.S.C. § 542(g)(2).

Section 506.                 Provision of Cable Service

(A) Availability of Cable Service. A franchisee shall construct and operate its system so as to provide service to all parts of its franchise area having a density of at least twenty (20) residences per mile of system. In addition, all areas which reach such density at any time during the franchise term shall be provided service upon reaching the minimum density.

(B) Line Extension Requirement. Except as federal law may otherwise require, and subject to the mdmaum density requirement specified in Section 6(a), a franchisee shall, upon request: (i) extend its trunk and distribution system to any subscriber located within two hundred fifty feet of a main distribution cable located in the public rights-of-way at its standard installation charge, unless the franchisee demonstrates to the Town’s satisfaction that extraordinary circumstances exist; and (ii) extend its trunk and distribution system to any potential subscriber outside the two hundred fifty foot limit, provided that the franchisee may charge the pod subscriber for the cost of the actual length of the installed drop, or the shortest distance to the point where the franchisee would be required to extend its distribution system, whichever is shorter, except where the franchisee has demonstrated to the Town’s satisfaction that extraordinary circumstances exist. In areas where the minimum density requirement is not met, or where extraordinary circumstances exist, a franchisee shall, upon request, extend its cable system to a potential subscriber, provided that the subscriber shall pay the additional extension costs.

(C) Cost Sharing.

(1) “Additional Extension Costs” as used in Subsection 6(b) herein shall mean a subscriber’s pro rata share of: a franchisee’s total construction costs at the actual density of affected potential subscribers, less the total construction costs that the franchisee would incur 1f it were extending its system to make service available to the same number of potential subscribers at a density of twenty (20) residences per mile.

(2) “Total Construction Costs” are defined for purposes of this Subsection 6(c) as the actual turnkey cost to construct the entire extension including electronics, pole make-ready charges, and labor, but not the cost of the house drop.

(D) Continuity of Service.

(1) It is the right of all subscribers in the franchise area to receive all available services from a franchisee, as those services become available, as long as their financial and other obligations to the franchisee are satisfied.

(2) A franchisee shall ensure that all subscribers receive continuous irrupted service. At the Towns request, a franchisee shall, as trustee for its successor in interest, operate its system for a temporary period (the “transition period”) following termination, sale, or transfer of its franchise as necessary to maintain service to subscribers, and shall cooperate with the Town to assure an orderly transition from it to another franchisee.

(3) During such transition period, a franchisee shall not sell any of the system assets, nor make any physical, material, administrative or operational change that would tend to reduce the quality of service to subscribers, decrease the system’s income, or materially increase expenses without the express permission, in writing, of the Town.

(4) The Town may seek legal and/or equitable relief to enforce the provisions of this Section.

(5) The transition period shall be no longer than the reasonable period required to ensure that cable service will be available to subscribers, and shall not be longer than thirty-six (36) months, unless extended by the Town for good cause. During the transition period, a franchisee will continue to be obligated to comply with the terms and conditions of the agreement and applicable laws and regulations.

(6) If a franchisee abandons its system during the franchise term, or fails to operate its system in accordance with the terms of its franchise agreement during any transition period, the Town, at its option, may operate the system, designate another entity to operate the system temporarily until the franchisee restores service under conditions acceptable to the Town or until, the franchise is revoked and a new franchisee selected by the Town is providing service, or obtain an injunction requiring the franchisee to continue operations. If the Town is required to operate or designate another entity to operate the cable system, the franchisee shall reimburse the Town or its designee for all reasonable costs and damages incurred that are in excess of the revenues from the cable system.

(7) A franchisee shall forfeit its rights to notice and hearing, and the council may by resolution declare its franchise immediately terminated, in addition to any other relief or remedies it may have under its franchise agreement, this ordinance, or other applicable law, if:

(a) The franchisee fails to provide cable service in accordance with its franchise over a substantial portion of the franchise area for ninety-six (96) consecutive hours, unless the Town authorizes a longer interruption of service or the failure is due to force majeure as characterized in its franchise agreement; or

(b) The franchisee, for any period, willfully and without cause refuses to provide cable service in accordance with its franchise over a substantial portion of the franchise area.

Section 507.                 Design and Construction

(A) System Construction Schedule.

Every franchise agreement shall specify the construction schedule that will apply to any required construction, upgrade, or rebuild of the cable system.

(B) Construction Procedures.

(1) A franchisee shall construct, operate and maintain its cable system in strict compliance with all applicable laws, ordinances, rules and regulations, including but not limited to the national electrical safety code and the national fire protection association national electrical code, as such may be amended from time to time.

(2) The system, and all parts thereof, shall be subject to the right of periodic inspection by the Town.

(3) No construction, reconstruction, installation, or relocation of the system or any part thereof within the public rights-of-way shall be commenced until all applicable written permits have been obtained from the proper Town officials. In any permit so issued, such officials may impose such conditions and regulations as a condition of the granting of the permit as are necessary for the purpose of protecting any structures in the public rights-of-way and for the proper restoration of such public rights-of-way and structures, and for the protection of the public and the continuity of pedestrian and vehicular traffic.

(4) A franchisee shall, by a time specified by the Town, protect, support, temporarily disconnect, relocate, or remove any of its property when required by the Town by reason of traffic conditions; public safety; public right-of-way construction; public right-of way dance or repair (including resurfacing or widening); change of public right-of-way grade; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of government-owned communications system, public work or improvement or any government-owned utility; public-right-of-way vacation; or for any other purpose where the convenience of the Town would be served thereby; provided, however, that a franchisee shall, in all such cases, have the privilege of abandoning any property in place, after obtaining permission from the Town.

(5) If any removal, relaying, or relocation is required to accommodate the construction, operation, or repair of the facilities of another person that is authorized to use the public rights-of-way, a franchisee shall, after reasonable advance written notice, take action to effect the necessary changes requested by the responsible entity. The Town may resolve disputes as to responsibility for costs associated with the removal, relaying, or relocation of facilities as among entities authorized to install facilities in the public rights-of-way if the parties are unable to do so themselves, and if the matter is not governed by a valid contract between the parties or a state or federal law or regulation.

(6) In the event of an emergency, or where a cable system creates or is contributing to an imminent danger to health, safety, or property, the Town may remove, relay, or relocate any or all parts of that cable system without prior notice.

(7) A franchisee shall, on the request of any person holding a building moving permit issued by the Town, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting same, and a franchisee shall have the authority to require such pas in advance, except in the case where the requesting person is the Town, in which case no such payment shall be required. A franchisee shall be given not less than seventy-two (72) hours’ advance notice to age for such temporary wire changes.

(8) A franchisee shall participate in any “ms. Utility” program active in its franchise area with regard to giving and receiving notice of the location of facilities and excavations.

(C) Restoration: Any and all public rights-of-way, public property or private property that is disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or construction of a cable system shall be repaired, replaced and restored, as appropriate, in substantially the same condition and in a good workmanlike, timely manner, in accordance with the standards for such work set by the Town. With respect to damage or disturbances to public rights-of-way or public property, all repairs and restoration shall be performed in accordance with Subtitle 23 of the Prince George’s Town code or any successor provision. All repairs, replacements and restoration shall be undertaken within no more than thirty (30) days after the damage is incurred, and shall be completed as soon as reasonably possible thereafter. A franchisee shall guarantee and maintain such restoration for at least one year against defective materials or workmanship.

(D) Use of Public Property.

(1) Should the grades or lines of the public rights-of-way that the franchisee is authorized by a franchise to use and occupy be changed at any time during the term of a franchise, the franchisee shall, if necessary, relocate or change its system so as to conform with the new grades or lines.

(2) Any alteration to the water mains, sewerage or drainage system or to any Town, state or other public structures in the public rights-of-way required on account of the presence of a franchisee’s system in the public rights-of-way shall be made at the sole cost and expense of the franchisee. During any work of constructing, operating or maintaining of a system, the franchisee shall also protect any and all existing structures belonging to the Town and any other person. All work performed by the franchisee shall be done in the manner prescribed by the Town or other officials having jurisdiction therein.

(E) Interference with Public Projects.

Nothing in this ordinance or any franchise agreement shall be in preference or hindrance to the right of the Town and any board, authority, commission or public service corporation to perform or carry on any public works or public improvements of any description, and should a franchisee’s system in any way interfere with the construction, maintenance or repair of such public works or public improvements, the franchisee shall protect or relocate its system, or part thereof, as reasonably directed by any Town official, board, authority, commission or public service corporation.

Section 508.                 Channels and Facilities for Public, Educational and Governmental Use.

(A) Management of Channels: The Town may designate one (1) or more entities, including a non-profit access management corporation, to perform any or all of the following functions:

(1) To manage any necessary scheduling or allocation of capacity on the institutional network; and/or

(2) On the Town’s behalf, to program any public, educational, or governmental access cal.

Educational and public access channels shall not be managed by the same entity, provided, however, that until such entities have been designated, the Town shall be responsible for these functions.

(B) Public Access Programming Rules: For any public access channel, the entity managing such cal shall establish (i) rules that prohibit the presentation of any advertising material designed to promote the sale of commercial products or services (including advertising by or on behalf of candidates for public office), lottery information, and obscene matter; (ii) rules requiring first-come, nondiscriminatory access; and (iii) rules permitting public inspection of the complete record of the names and addresses of all persons and groups requesting access time. Such a record shall be retained for a period of two (2) years.

(C) Use of Access Channels: Governmental access channel(s) shall be for the noncommercial use of the Town and/or other governmental entities. Educational access channel(s) shall be for the noncommercial use of the educational comn4unity.

Section 509.                 Consumer Protection

(A) General Provisions.

This Section 9 sets forth customer service standards that a franchisee must satisfy. In addition, the franchisee shall at all times satisfy any additional or stricter requirements established by FCC regulations, or other applicable federal, state, or local law or regulation, as the same may be amended from time to time.

(1) Nothing in this ordinance may be construed to prevent or prohibit:

(a) The Town and a franchisee from agreeing to customer service requirements that exceed the standards set forth in this ordinance;

(b) The Town from enforcing, through the end of a franchise term, pre-existing customer service requirements that exceed the standards set forth in this ordinance and are contained in current franchise agreements;

(c) The Town from enacting or enforcing any customer service or consumer protection laws or regulations; or

(d) The Town from waiving, for good cause, requirements established in this Section 9.

(2) Nothing in this ordinance in any way relieves a franchisee of its obligation to comply with other applicable consumer protection laws and its franchise agreement.

(B) Installations, Connections, and Other Franchisee Services.

(1) Installation of Drops. A subscriber’s preference as to the point of entry into a residence shall be observed whenever feasible. Runs in building interiors shall be as unobtrusive as possible. A franchisee shall use due care in the process of installation and shall repair any damage to a subscriber’s property caused by said installation. Such restoration shall be undertaken within thirty (30) days after the damage is incurred and shall be completed as soon as reasonably possible thereafter.

(2) Location of Drops. In locations where a franchisee’s system must be underground, drops must be placed underground as well. In all cases where new developments and subdivisions are to be constructed and to be served in whole or in part by underground power and telephone utilities, the owner or developer of such areas shall provide reasonable notice to the franchisee of the availability of trenches, backfill and specifications of all necessary substructures in order that the franchisee may install all necessary cable facilities. In no event shall such undergrounding be at any cost or expense to the Town.

(3) Time for Extension/Installation. Wire a franchisee is required under section 6 to provide service to a person that resides within two hundred fifty (250) feet from the franchisee’s distribution system, the franchisee must provide such service within seven business days of the persons request. If the person resides more than one hundred twenty-five (125) feet from the franchisee’s distribution system, the Town may waive this seven-day requirement upon a showing of good cause by the franchisee and provided the franchisee specifies the time period within which service will be provided. This standard shall be met 95% of the time, measured on a quarterly basis.

(4) Bas and Antenna Switches. A franchisee shall adhere to FCC regulations regarding antenna switches. A franchisee shall not, as a condition to providing cable service, require any subscriber or potential subscriber to remove any existing antenna structures for the receipt of over-the-air television signals.

(5) Delinquent Accounts. A franchisee shall use its best efforts to collect on delinquent subscriber accounts before terminating service. In all cases, the franchisee shall provide the customer with at least ten (10) working days written notice prior to disconnection.

(C) Telephone and Office Availability.

(1) Each franchisee shall maintain offices at convenient locations within Prince George’s County, as specified in its franchise agreement, that shall be open during normal business hours to allow subscribers to request service, pay bills, and conduct other business.

(2) Each franchisee will maintain at least one local, toll-free or collect call telephone access line which will be available to subscribers 24 hours a day, seven days a week. Trained representatives of a franchisee shall be available to respond to subscriber telephone inquiries during normal business hours.

(3) Each franchisee shall be subject to the following standards, except that such franchisee shall not be subject to penalty as long as it meets such standards under normal operating conditions at least ninety (90) percent of the time, measured quarterly.

(a) Telephone answering tine shall not exceed thirty (30) seconds, and the time to transfer the call to a customer service representative (including hold time) shall not exceed an additional thirty (30) seconds.

(b) A customer will receive a busy signal less than three percent (3%) of the time.

(c) When the business office is closed, an answering service where a person receives and records service complaints and inquiries shall be employed. Inquiries received after hours must be responded to by a trained representative of a franchisee on the next business day. To the extent possible, the after-hours answering service shall comply with the same telephone answer time standard set forth in this section.

(4) In any case, at all times a franchisee shall provide an answering machine so that callers will have the option to leave messages.

(5) A franchisee must hire sufficient competent customer service representatives and repair technicians so that it can adequately respond to customer inquiries, complaints, and requests for service in its office, over the phone, and at a subscriber’s residence; provide prompt and effective service to subscribers; and, as a rule, complete repairs within a subscriber’s home upon a single visit.

(D) Scheduling and Completing Service. Under normal operating conditions, each of the following standards shall be met by all franchisees at least 95% of the time, as measured on a quarterly basis:

(1) Prompt service. Excluding conditions beyond the control of the franchisee, repairs and maintenance for service interruptions must begin promptly and in no event later than twenty-four (24) hours after the subscriber reports the problem to the franchisee or its representative or the interruption or need for repairs otherwise becomes known to the franchisee. All such work must be completed within three (3) days from the date of the initial request, except installation requests, provided that a franchisee shall complete the work in the shortest time possible where, for reasons beyond the franchisee’s control, the work could not be completed in those time periods even with the exercise of all due diligence; the failure of a franchisee to hire sufficient staff or to properly train its staff shall not justify a franchisee’s failure to comply with this provision.

(2) Service times. Each franchisee shall perform service calls, installations, and disconnects at least during normal business hours. In addition, dance service capability enabling the prompt location and correction of major system malfunctions shall be available Monday through Friday from the end of normal business hours until 12:30 a.m., and from 8:00 a.m. until 12:30 a.m. on Saturdays, Sundays, and holidays.

(3) Appointments. The appointment window for installations, service calls, and other installation activities will be either a specific time or, at maximum, a 2-hour time block during normal business hours, or such greater time as the Town may authorize. Where a subscriber cannot conveniently age for a service call or installation during normal business hours, a franchisee shall also schedule service and installation calls outside normal business hours for the express convenience of the subscriber.

(4) Cancellations. A franchisee may not cancel an appointment with a subscriber after the close of business on the business day preceding the appointment. If a franchisee’s representative is running late for an appointment with a subscriber and will not be able to keep the appointment as scheduled, the subscriber will be contacted, and the appointment rescheduled, as necessary, at a time which is convenient for the subscriber.

(5) Emergency Maintenance. A franchisee shall keep an emergency system maintenance and repair staff, capable of responding to and repairing system malfunctions or interruptions, on a twenty-four (24) hour basis.

(6) Other Inquiries. Under normal operating conditions, billing inquiries and requests for service, repair, and maintenance not involving service interruptions must be acknowledged by a trained customer service representative within twenty-four (24) hours, or prior to the end of the next business day, whichever is earlier. A franchisee shall respond to all other inquiries within five (5) business days of the inquiry or complaint.

(7) If a subscriber experiences a missed appointment due to the fault of a franchisee, the franchisee shall credit tie subscriber’s account twenty (20) dollars for each missed appointment, or grant the subscriber such other equivalent remedy as the subscriber and franchisee may agree. This is in addition to any other penalties or liquidated damages.

(8) Upon subscriber request, each franchisee shall age for pickup and/or replacement of converters or other franchisee equipment at the subscriber’s address or by a satisfactory equivalent (such as the provision of a postage-prepaid mailer). At a subscriber’s request, a franchisee shall make such pickup or replacement at the same time as any disconnection or other related service call, so as to avoid an additional visit. If a franchisee charges a fee for such pickup or replacement, such fee shall be clearly disclosed at the time of the subscriber’s request.

(E) Interruptions of Service.

(1) A franchisee shall, when practicable, schedule and conduct maintenance on its cable system so that interruption of service is qed and occurs during periods of minimum subscriber use of the cable system. The franchisee shall provide reasonable prior notice to subscribers and the Town before interrupting service for planned dance or construction, except where such interruption is expected to be one hour or less in duration. Such notice shall be provided by methods reasonably calculated to give subscribers actual notice of the planned interruption.

(2) A franchisee may intentionally interrupt service on the cable system after 7:00 a.m. and before 1:00 a.m. only with good cause and for the shortest time possible and, except in emergency situations, only after publishing notice of service interruption at least twenty-four (24) hours in advance of the service interruption. Service may be intentionally interrupted between 1:00 a.m. and 7:00 a.m. for routine testing, maintenance, and repair, without notification, any night except Friday, Saturday, or Sunday, or the night preceding a holiday.

(F) Notice to Subscribers.

(1) Unless otherwise provided for herein, a franchisee shall provide the following materials to each subscriber at the time cable service is installed, at least annually thereafter, and at any time upon request. Copies of all such materials provided to subscribers shall also be provided to the Town.

(a) A written description of products and services offered, including a schedule of rates and charges, a list of channel positions, and a description of programming services, options, and conditions;

(b) A written description of the franchisee’s installation and service maintenance policies, delinquent subscriber disconnect and reconnect procedures, and any other of its policies applicable to its subscribers;

(c) Written instructions on how to use the cable service;

(d) Written instructions for placing a service call;

(e) A written description of the franchisee’s billing and complaint procedures, including the address and telephone number of the Town office responsible for receiving subscriber complaints;

(f) A copy of the service contract, if any (at installation or on request, but need not be provided annually);

(g) Notice regarding subscribers’ privacy rights pursuant to 47 U.S.C. § 551;

(h) Notice of the availability of universal remote controls and other compatible equipment (a list of which, specifying brands and models, shall be provided to any subscriber upon request).

(2) Subscribers will be notified of any changes in rates, programming services or channel positions, and any significant changes in any other information required to be provided by this section, as soon as possible in writing, unless such notice is waived by operation of applicable law. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the cable operator. Notwithstanding the above, a cable operator shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, franchise fee, or any other fee, tax, assessment, or charge of any kind imposed by any federal agency, state, or franchising authority on the transaction between the operator and the subscriber.

(3) All franchisee promotional materials, announcements, and advertising of residential cable service to subscribers and the general public, where price information is listed in any manner, shall clearly and accurately disclose price terms. In the case of pay-per-view or pay-per-event programming, all promotional materials must clearly and accurately disclose price terms and in the case of telephone orders, a franchisee shall take appropriate steps to ensure that price terms are clearly and accurately disclosed to potential, customers before the order is accepted.

(4) Copies of all notices provided to subscribers under these customer service standards, as well as all promotional or special offers made to subscribers, and of any agreements used with subscribers, shall be filed promptly with the Town.

(G) Billing.

(1) Bills shall be clear, concise, and understandable. Bills must be fully itemized with itemizations including, but not limited to, basic service, cable programming service, and premium service charges and all equipment charges. Bills shall clearly delineate all activity during the billing period, including optional charges, rebates, and credits.

(2) Refund checks to subscribers shall be issued promptly, but no later than the later of --

(1) The subscriber’s next billing cycle, or thirty (30) days, following resolution of the refund request, whichever is earlier; or

(2) The return of all equipment supplied by the franchisee, if service is terminated.

(3) Credits for service shall be issued no later than the subscriber’s next billing cycle following the determination that a credit is warranted.

(4) A franchisee’s first billing statement after a new installation or service change shall be prorated as appropriate and shall reflect any security deposit.

(5) Late fees will not be assessed for payments after the due date until 45 days after the beginning of the service period for which the payment is to be rendered. In addition, subscribers will receive the benefit of any change in the late fee amount, and of any increases in the time allowed before assessment of late fees, that may result from litigation over late fees pending as of the effective date of this ordinance.

(6) A franchisee must notify the subscriber that he or she can remit payment in person at the franchisee’s business office and inform the subscriber of the address of that office.

(7) Subscribers shall not be charged a late fee or otherwise penalized for any failure by a franchisee, including failure to timely or correctly bill the subscriber, or failure to properly credit the subscriber for a payment timely made.

(8) A subscriber who asks a franchisee for credit for an outage shall receive credit for the actual time period of the outage as a pro rata fraction of the monthly charges for any outage lasting between two and six hours, without reference to the time the subscriber contacts the franchisee. A subscriber shall receive credit for one full day’s monthly charges for any outage of between six and twenty-four hours, whether or not the subscriber reports such an outages, if the franchisee becomes aware of such outages, either through reports by subscribers or otherwise. Each franchisee shall place a message in subscribers’ bills at least quarterly, explaining how to report an outage, how to obtain a credit, and under what conditions credits are available. A franchisee shall also establish a mechanism by which subscribers may reliably and immediately contact the franchisee by telephone and report an outage for credit purposes, either by ensuring that they can reliably and immediately reach a live person or by another method (for example, by leaving a voice message or entering the subscriber’s telephone number). Upon receiving such reports, the franchisee shall promptly contact the subscriber to confirm that the report has been received, and apply the credit to the subscriber’s bill unless the franchisee reasonably concludes that the subscriber’s report is false.

(9) Franchisee shall respond to all written billing complaints from subscribers within thirty (30) days.

(H) Disconnection/Downgrades.

(1) A subscriber may terminate service at any time.

(2) A franchisee shall promptly disconnect or downgrade any subscriber. No period of notice prior to voluntary termination or downgrade of service may be required of subscribers by any franchisee. So long as the subscriber returns, or permits the franchisee to retrieve, any equipment necessary to receive a service within five (5) business days of the disconnection, no charge may be imposed by any franchisee for any cable service delivered after the date of the disconnect request.

(3) A subscriber may be asked, but not required, to disconnect a franchisee’s equipment and return it to the business office.

(4) Any funds due the subscriber shall be refunded on disconnected accounts after any customer premises equipment provided by the franchisee has been recovered by the franchisee. The refund must be made within thirty (30) days or by the end of the next billing cycle, whichever is earlier, from the date disconnection was requested (or, if later, the date on which any customer premises equipment provided by the franchisee is returned).

(5) If a subscriber fails to pay a monthly subscriber fee or other fee or charge, a franchisee may disconnect the subscriber’s service; however, such disconnection shall not be effected until at least forty-five (45) days after the bill is due, plus at least ten (10) days’ advance written notice to the subscriber in question of intent to disconnect, but in no event before the date when the franchisee would be entitled to charge a late fee. If the subscriber pays all amounts due, including late charges, before the date scheduled for disconnection, the franchisee shall not disconnect service. After disconnection, upon payment by the subscriber in full of all proper fees or charges, including the payment of the reconnection charge, if any, the franchisee shall promptly reinstate service.

(6) A franchisee may immediately disconnect a subscriber if the subscriber is damaging or destroying the franchisee’s cable system or equipment. After disconnection, the franchisee shall restore service after the subscriber provides adequate assurance that it has ceased the practices that led to disconnection, and paid all proper fees and charges, including any reconnect fees and amounts owed the franchisee for damage to its cable system or equipment.

(7) A franchisee may also disconnect a subscriber that causes signal leakage in excess of federal limits. A franchisee may disconnect a subscriber without notice where signal leakage is detected originating from the subscriber’s premises in excess of federal limits, provided that the franchisee shall immediately notify the subscriber of the problem and, once the problem is corrected, reconnect the subscriber.

(8) The disposition of cable home wiring in residential single-family homes shall be governed by FCC rules regarding cable home wiring as of December 1, 1998.

(9) A franchisee shall reconnect service to customers

Wishing restoration of service, provided such a customer shall first satisfy any previous obligations owed.

(I) Changes in Service.

(1) At the time a franchisee alters the service it provides to a class of subscribers, it must provide each subscriber thirty (30) days’ notice, explain the substance and full effect of the alteration, and provide the subscriber the right to opt to receive any combination of services thereafter offered by franchisee.

(2) No charge may be made for any service or product that the subscriber has not affirmatively indicated it wishes to receive.

(J) Parental Control Option.

A franchisee shall make available to any subscribers upon request the option of blocking the video or audio portion of any channel or channels of programming entering the subscriber’s home. The control option described herein shall be made available to all subscribers requesting it when any cable service is provided, or reasonably soon thereafter.

(K) Enforcement.

(1) A franchisee shall keep such records as are necessary To show compliance with these customer service standards and FCC customer service standards.

(2) The Town shall have the right to observe and inspect a franchisee’s customer service procedures.

(3) Except as prohibited by federal law, a franchisee shall be subject to penalties, forfeitures and any other remedies or sanctions available under federal, state or local law, including without limitation this ordinance and a franchisee’s franchise with the Town, if it fails to comply with the standards herein.

(4) A franchisee shall not be subject to penalties or liquidated damages as a result of any violations of these customer service standards that are due to force majeure as characterized in its franchise agreement.

(L) Anticompetitive Acts Prohibited.

(1) No franchisee or ovs operator shall demand the exclusive right to provide cable service to a person or location as a condition of extending cable service or a cable system. This provision is not intended and shall not be interpreted a) to prohibit voluntary exclusive agreements to provide cable service; b) to create any private cause of action for any person; or c) to prohibit exclusive agreements permitted by federal law.

(2) No franchisee or ovs operator shall engage in unfair methods of competition or unfair or deceptive acts or practices, the purpose or effect of which is to hinder significantly or to prevent any multichannel video programming distributor, as defined in federal law, from providing cable service or services similar to cable service in the Town. This provision does not apply to methods, acts or practices allowed by federal or state law. Any allegation that a franchisee has engaged in methods, acts or practices that would be prohibited by this paragraph will be considered by the Town only after exhaustion of federal remedies. This paragraph is not intended to create a private cause of action.

Section 510.                 Rate Regulation

(A) General authority: the Town reserves the right to regulate all rates and charges except to the extent it is prohibited from doing so by law.

(B) Nondiscrimination

(1) Nondiscriminatory Rates. Subject to applicable law, a franchisee shall establish rates that are nondiscriminatory within the same general class of subscribers and which must be applied fairly and uniformly to all subscribers in the franchise area for all services. Nothing contained herein shall prohibit a franchisee from offering, by way of illustration and not limitation, (i) discounts to senior citizens or economically disadvantaged groups; (ii) discounts to commercial and multiple family dwelling subscribers billed on a bulk basis; (iii) promotional discounts; or (iv) reduced installation rates for subscribers who have multiple services.

(2) Applicability. The provisions of this section io(b) shall apply to all rates, whether or not they are otherwise subject to rate regulation, except to the extent specifically prohibited by law.

Section 511.                 Franchise fee

(A) Finding. The Town finds that public rights-of-way of the Town to be used by a franchisee for the operation of a cable system are valuable public property acquired and maintained by the Town. The Town further finds that the grant of a franchise to use public rights-of-way is a valuable property right without which a franchisee would be required to invest substantial capital.

(B) Payment of Franchise Fee. Each franchisee shall pay a franchise fee of five percent (5%) of gross revenues.

(C) Method of Pas. The franchisee shall file with the Town, within thirty (30) days after the expiration of each of the franchisee’s fiscal quarters, a financial statement clearly showing the gross revenues received by the franchisee during the preceding quarter. The quarterly portion of the franchise fee shall be payable to the Town at the time such statement is filed.

(D) Not a tax or in lieu of any other tax or fee.

(1) Payment of the franchise fee shall not be considered in the nature of a tax or in lieu of other taxes or fees of general applicability imposed by the Town.

(2) The franchise fee is in addition to all other taxes and payments that a franchisee may be required to pay under its franchise agreement or any federal, state, or local law, and to any other tax, fee, or assessment imposed by utilities and cable operators for use of their services, facilities, or equipment, including any applicable amusement taxes, except to the extent that such fees, taxes, or assessments must be treated as a franchise fee under section 642 of the cable act, 47 U.S.C. § 522.

(3) No franchisee may designate the franchise fee as a tax in any communication to a subscriber.

(E) Late Payments. In the event any franchise fee payment or recomputation amount is not made on or before the required date, the franchisee shall pay additional compensation and interest charges computed from such due date, at an annual rate equal to the commercial prime interest rate of the Towns primary depository bank during the period such unpaid amount is owed, in addition to any applicable penalties or liquidated damages.

(F) Audit.

(1) The Town shall have tic right to inspect records, to require a franchisee to provide copies of records at the franchisee’s expense, and to audit and to recompute any amounts determined to be payable, whether the records are held by the franchisee, an affiliate, or any other entity that collects or receives funds related to the franchisee’s operation in the Town, including, by way of illustration and not limitation, any entity that sells advertising on the franchisee’s behalf, for a period of five years from the date a payment was made or, if no payment was made, from the date the Town believes payment was owed, after which time all payments are final.

(2) A franchisee shall be responsible for providing to the Town all records necessary to confirm the accurate payment of franchise fees, without regard to by whom they are held. Such records shall be made available pursuant to the requirements of this ordinance. The franchisee shall maintain such records for the term of its franchise agreement, and any renewals or extensions thereof.

(3) The Towns audit expenses shall be borne by the Town unless the audit discloses an underpayment of five percent (5%) or more of the amount due, in which case the costs of the audit shall be borne by the franchisee as a cost incidental to the enforcement of the franchise. Any additional amounts due to the Town as a result of the audit shall be paid within thirty (30) days following written notice to the franchisee by the Town of the underpayment, which notice shall include a copy of the audit report. If recomputation results in additional revenue to be paid to the Town, such amount shall be subject to a 10 percent (10%) interest charge.

(G) No Accord or Satisfaction.

No acceptance of any payment by the Town shall be construed as a release or an accord and satisfaction of any claim the Town may have for further or additional sums due or for the performance of any other obligation of a franchisee, or as an acknowledgement that the amount paid is the correct amount due.

Section 512.                 Reports and Records.

(A) Open Books and Records.

(1) The Town shall have the right to inspect records and to require a franchisee to provide copies of records at the franchisee’s expense at any time during normal business hours at the Town hall for all books, receipts, maps, plans, contracts, service complaint logs, performance test results, records of requests for service, computer records, disks or other storage media and other like material which the Town deems appropriate in order to monitor compliance with the terms of this ordinance, its franchise agreement, or applicable law. This includes not only the books and records of a franchisee, but any books and records the Town reasonably deems relevant held by an affiliate, a cable operator of the cable system, or any contractor, subcontractor or any person holding any form of management contract for the cable system. A franchisee is responsible for collecting the information and producing it at the location specified above, and by accepting its franchise it affirms that it can and will do so. A franchisee will be given reasonable advance written notice of any inspection request, which shall serve as notice that any or all of the above materials may be inspected.

(2) A franchisee shall maintain financial records that allow analysis and review of its operations in each individual franchise area.

(3) Access to a franchisee’s records shall not be denied by such franchisee on the basis that said records contain “proprietary” information. Refusal to provide information required herein to the Town shall be grounds for revocation. All confidential information received by the Town shall remain confidential insofar as permitted by law.

(4) A franchisee shall maintain a file of records open to public inspection in accordance with applicable FCC rules and regulations.

(6) Each report filed by a franchisee pursuant to this ordinance shall be certified by a corporate officer as accurate or complete.

(B) Communication with Regulatory Agencies.

(1) If and to the extent requested by the Town, a franchisee shall file with the Town in a form acceptable to the Town all reports and materials submitted to the FCC, the security and exchange commission, or any other federal or state regulatory commission or agency, including, but not limited to, any proof of performance tests and results, equal employment opportunity reports, and all petitions, applications, and communications of all types regarding the cable system, or a group of cable systems of which the franchisee’s cable system is a part, submitted by the franchisee, an affiliate, or any other person on the behalf of the franchisee.

(2) Materials filed with the Town pursuant to section 12(b)(1) shall be filed as follows: materials submitted by the franchisee, an affiliate, or any other person on the behalf of a franchisee shall be filed with the Town at the time they are submitted to the receiving agency.

(C) Annual Report. Unless this requirement is waived in whole or in part by the Town, by April 1 of each year for the previous calendar year, a franchisee shall submit a written report to the Town, in a form directed by the Town, which shall include:

(1) A say of the previous year’s activities in development of the cable system, including but not limited to descriptions of services begun or dropped, the number of subscribers gained or lost for each category of service, the number of pay units sold, the amount collected annually from users of the system and the character and extent of the services rendered to such users, including leased access cal users;

(2) A say of complaints, identifying both the number and nature of the complaints received and an explanation of their dispositions, to the extent such records are kept by the franchisee. Where complaints involve recurrent system problems, the nature of each problem and the corrective measures taken shall be identified;

(3) A report showing the number of service calls received by type during the prior quarter, and the percentage of service calls compared to the subscriber base by type of complaint;

(4) A certification of compliance with applicable customer service standards. If a franchisee is in non-compliance with any standard during any calendar quarter, it shall include in its annual filing a statement specifying areas of non-compliance, the reason for the non-compliance and a remedial plan;

(5) A copy of the franchisee’s rules and regulations applicable to subscribers of the cable system;

(6) An annual statement showing the yearly gross revenues, prepared and audited by a certified public accountant acceptable to the Town;

(7) An annual financial report for the previous calendar year, audited and certified by an independent certified public accountant, including year-end balance sheet; income statement showing subscriber revenue from each category of service and every source of non-subscriber revenue, line item operating expenses, depreciation expense, interest expense, and taxes paid; statement of sources and applications of funds; capital expenditures; and depreciation schedule;

(8) An annual list of officers and members of the board of directors or similar controlling body of the franchisee and any affiliates;

(9) An organizational chart showing all corporations or partnerships with more than a five (5) percent ownership interest in the franchisee, and the nature of that ownership interest (limited partner, general partner, preferred shareholder, etc.); and showing the same information for each corporation or partnership that holds such an interest in the corporations or partnerships so identified and so on until, the ultimate corporate and partnership interests are identified;

(10) An annual report and sec 10(k) filing for each entity identified in subsection 12(c)(8) of this section that generates such documents;

(11) A summary of the results of, and/or, at the franchisee’s option, copies of the system’s technical tests and measurements performed during the past year;

(12) A detailed copy of updated maps depicting the location of all cable plant, showing areas served and locations of all trunk lines and feeder lines in the Town, and including changes in all such items for the period covered by the report;

(13) A full schedule of all subscriber and other user rates, fees and charges;

(14) Such other information as the Town may direct.

(D) Seal Report. Unless this requirement is waived in whole or in part by the Town, twice each year (by January 31 for the previous six months ending December 31 and by July 31 for the previous six months ending June 30) a franchisee shall submit written reports to the Town, in a form acceptable to the Town.

(E) Monthly Report. Unless this requirement is waived in whole or in part by the Town, no later than 10 days after the end of each month, a franchisee shall submit a written report to the Town regarding the preceding month, in a form acceptable to the Town, which shall include:

(1) The active system plant in miles, specifying aerial and underground mileage;

(2) The new system segments built, in miles, if any, specifying aerial and underground mileage;

(3) The number of subscribers and the penetration rate for each type of service and equipment offered;

(4) The number of disconnects;

(5) The number of outages, identifying separately: a) each outage; whether planned or unplanned; the time it occurred, its duration, when the franchisee responded and when the outage was corrected; the estimated area and a description of the subscribers affected; b) in addition, for each unplanned outage: its cause, the number of subscribers affected; and c) the total hours of outages as a percentage of total hours of cable system operation;

(6) The number of cases in which installation was not provided within the time established in this ordinance;

(7) The average telephone answering and hold times, and the number of instances in which those telephone answering and hold times exceeded the time limits established in this ordinance;

(8) The percentage of customer calls that received a busy signal;

(9) The average and minimum number of customer service representatives on the franchisee’s staff for telephone answering purposes;

(10) The number of times in which interruptions of service under section 9.(e) was not in compliance with the times established in this ordinance;

(11) The number of times scheduling and completing customer service did not occur in accordance with section 9.(d)(3)

(F) Special Reports. Unless this requirement is waived in whole or in part by the Town, the franchisee shall deliver the following special reports to the Town:

(1) A franchisee shall submit quarterly construction reports to the Town after the franchise is awarded for any construction undertaken during the term of the franchise until such construction is complete, including any rebuild that may be specified in the franchise. The franchisee must submit to the Town as part of the quarterly construction report, or make available for inspection with notice of their availability as part of the quarterly construction report, updated as-built system design maps depicting construction completed in the previous quarter. The maps shall be developed on the basis of post-construction inspection by the franchisee and construction personnel to assess compliance with system design. Any departures from design must be indicated on the as-built maps, to assist the Town in assessing operator compliance with its obligations.

(2) A franchisee must submit a copy of any notice of deficiency, forfeiture, or other document issued by any state or federal agency instituting any investigation or civil or criminal proceeding regarding the cable system, the franchisee, or any affiliate of the franchisee, to the extent the same may affect or bear on operations in the Town. This material shall be submitted in accordance with the deadlines specified in section 12(b)(2) herein.

(3) The franchisee must submit a copy of any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by the franchisee or by any partnership or corporation that owns or controls the franchisee directly or indirectly. This material shall be submitted in accordance with the deadlines specified in section 12(b)(2) herein.

(G) Additional Reports. A franchisee shall provide such other information or reports as the Town may request for the purpose of enforcing any provision of the franchise agreement or this ordinance.

(H) Records Required.

(1) The franchisee shall at all times maintain:

(a) Records of all complaints received. The term “complaints” as used herein and throughout an agreement refers to complaints about any aspect of the cable system or the franchisee’s operations, including, without limitation, complaints about employee courtesy. Complaints recorded may not be limited to complaints requiring an employee service call.

(b) A full and complete set of plans, records, and “as built” maps showing the exact location of all system equipment installed or in use in the Town, exclusive of subscriber service drops.

(c) A comprehensive record of all personnel transactions and utilization of contractors, subcontractors, vendors, and suppliers by race and sex.

(d) Records of outages, indicating date, duration, area, and the subscribers affected, type of outage, and cause.

(e) Records of service calls for repair and maintenance indicating the date and tllv1e service was required, the date of acknowledgement and date and time service was scheduled (if it was scheduled), and the date and time service was provided, and (if different) the date and time the problem was solved.

(f) Records of installation/reconnection and requests for service extension, indicating date of request, date of acknowledgment, and the date and time service was extended.

(g) A public file showing its plan and timetable for construction of the cable system.

(I) Performance Evaluation.

(1) The Town may, at its discretion, hold performance evaluation sessions. All such evaluation sessions shall be open to the public. The franchisee may be required by the Town to notify subscribers of all such evaluation sessions by announcement on a designated local access cal on the system between the hours of 9:00 a.m. and 9:00 p.m. for five (s) consecutive days preceding each session.

(2) Topics that may be discussed at any evaluation session may include, but are not limited to, system performance and construction, franchisee compliance with this ordinance and its franchise agreement, customer service and complaint response, subscriber privacy, services provided, programming offered, service rate structures, franchise fees, penalties, free or discounted services, applications of new technologies, judicial and FCC filings, and line extensions.

(3) During the evaluation process, the franchisee shall fully cooperate with the Town and shall provide such information and documents as the Town may need to reasonably perform its review, including information and documents that may be considered proprietary or confidential.

(J) Voluminous Materials. If any books, records, maps or plans, or other requested documents are too voluminous, or for security reasons cannot be copied and moved, then the franchisee may request that the inspection take place at some other location, provided that (1) the franchisee must make necessary arrangements for copying documents selected by the Town after review; and (2) the franchisee must pay all travel and additional copying expenses incurred by the Town in inspecting those documents or having those documents inspected by its designee.

(K) Retention of Records; Relation to Privacy Rights.

The franchisee shall take all steps that may be required to ensure that it is able to provide the Town all information which must be provided or may be requested under this ordinance or its franchise agreement, including by providing appropriate subscriber privacy notices. Nothing in this section shall be read to require the franchisee to violate 47 U.S.C. § 551. Each franchisee shall be responsible for redacting any data that federal law prevents it from providing to the Town. The Town retains the right to question any such redaction and to challenge it in any forum having jurisdiction over such a challenge. Records shall be kept for at least five (5) years.

(L) Waiver of Reporting Requirements. The Town may, at its discretion, waive in writing the requirement of any particular report specified in this section 12.

Section 513.                 Insurance, Surety, and Indemnification.

(A) Insurance Required.

(1) The franchisee shall maintain, and by its acceptance of the franchise specifically agrees that it will maintain, throughout the entire length of the franchise period, at least the following liability insurance coverage insuring the Town and the franchisee: worker’s compensation and employer liability insurance to meet all requirements of Maryland law and comprehensive general liability insurance with respect to the construction, operation, and dance of the cable system, and the conduct of the franchisee’s business in the Town, in the following minimum amounts, but in any event no less than the liability limits specified by the local government tort claims act:

(a) $500,000 for property damage resulting from any one accident; $1,000,000 for property damage aggregate;

(b) $1,000,000 for personal bodily injury or death for one person; $2,000,000 for bodily aggregate per single accident and occurrence;

(c) A general comprehensive public liability policy indemnifying, defending and saving harmless the Town, its officers, boards, commissions, agents or employees, from any and all claims by any person whatsoever on account of injury to or death of a person or persons occasioned by the operations of the franchisee under the franchise herein granted or alleged to have been so caused or occurred, with a minimum liability of one million dollars ($1,000,000) per personal injury or death of any one person and two million dollars ($2,000,000) for personal injury or death of two or more persons in any one occurrence;

(d) $2,000,000 for all other types of liability; and

(e) Automobile liability insurance for owned or leased vehicles in the minimum amount of $2,000,000 for bodily injury and consequent death per occurrence, $1,000,000 for bodily injury and consequent death to any one person, and $500,000 for property damage per occurrence.

(2) Such general liability insurance must include coverage for all of the following: all risks form, premises-operations, explosion and collapse hazard, underground hazard, products/completed operations hazard, contractual insurance, broad form property damage, and personal injury.

(3) The Town may review these amounts no more than once a year and may require reasonable adjustments to them consistent with the public interest.

(B) Endorsements:

(1) All insurance policies and certificates maintained pursuant to a franchise agreement shall contain the following endorsement:

It is hereby understood and agreed that this insurance coverage may not be canceled by the insurance company nor the intention not to renew be stated by the insurance company until thirty (30) days after receipt by the Towns secretary or clerk, by registered mail, of a written notice of such intention to cancel or not to renew.

(2) All contractual liability insurance policies and certificates maintained pursuant to a franchise agreement shall include the provision of the following hold harmless clause:

The company agrees to indemnify, save harmless and defend each municipality, its agents, servants, and employees, and each of them against and hold it and them harmless from any or all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorney’s fees for or on account of nay injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have risen out of or in connection with the work covered by this agreement. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the Town, its agents, servants, or employees or any other person indemnified hereunder.

(C) Qualifications of Sureties. All insurance policies shall be with sureties qualified to do business in the state of Maryland, with an a-1 or better rating of insurance by best’s key rating guide, property/casualty edition, and in a form acceptable to the Town.

(D) Policies Available for Review.

All insurance policies shall be available for review by the Town, and the franchisee shall keep on file with the Town certificates of insurance.

(E) Additional Insureds; Prior Notice of Policy Cancellation.

All general liability insurance policies shall name the Town, its officers, boards, commissions, commissioners, agents, and employees as additional insureds and shall further provide that any cancellation or reduction in coverage shall not be effective unless thirty (30) days’ prior written notice thereof has been given to the Town. A franchisee shall not cancel any required insurance policy without submission of proof that it has obtained alternative insurance satisfactory to the Town which complies with its franchise agreement.

(F) Failure Constitutes Material Violation. Failure to comply with the insurance requirements set forth in this section shall constitute a material violation of a franchise.

(G) Indemnification.

(1) A franchisee shall, at its sole cost and expense, indemnify, hold harmless, and defend the Town, its officials, boards, commissions, commissioners, agents, and employees, against any and all claims, suits, causes of action, proceedings, and judgments for damages arising out of the construction, dance, or operation of its cable system; copyright infringements or a failure by the franchisee to secure consents from the owners, authorized distributors, or franchisees of programs to be delivered by the cable system; the conduct of the franchisee’s business in the Town; or in any way arising out of the franchisee’s enjoyment or exercise of the franchise, regardless of whether the act or omission complained of is authorized, allowed, or prohibited by this ordinance or its franchise agreement.

(2) Specifically, a franchisee shall fully indemnify, defend, and hold ass the Town, and in its capacity as such, the officers, agents, and employees thereof, from and against any and all claims, suits, actions, liability, and judgments for damages or otherwise subject to 47 U.S.C. § 558, arising out of or alleged to arise out of the installation, construction, operation, or maintenance of the system, including but not limited to any claim against the franchisee for invasion of the right of privacy, defamation of any person, firm or corporation, or the violation or infringement of any copyright, trade mark, trade name, service mark, or patent, or of any other right of any person, firm, or corporation. This indemnity does not apply to programming carried on any channel set aside for peg use, or channels leased pursuant to 47 U.S.C. § 532, except that this indemnity shall apply to any actions taken by a franchisee pursuant to 47 U.S.C. § 531 (e) or 47 U.S.C. § 532(c)(2) concerning the programming carried on peg or leased access channels or an institutional network.

(3) The indemnity provision includes, but is not limited to, the Town’s reasonable attorneys’ fees incurred in defending against any such claim, suit, or proceeding, in addition to the reasonable value of any services rendered by the Town attorney or Town staff or employees.

(H) No Limit of Liability.

Neither the provisions of this section nor any damages recovered by the Town shall be construed to limit the liability of the franchisee for damages under the franchise.

Section 514.                 Performance Guarantees and Penalties

(A) Penalties.

(1) For violation of provisions of this ordinance or a franchise agreement entered into pursuant to this ordinance, penalties shall be assessable against a franchisee and shall be chargeable to the franchisee’s security fund in any amount up to the limits specified below, at the Town’s discretion:

(a) For failure to submit any required plans indicating expected dates of installation of various parts of the system: $400/day for each violation for each day the violation continues;

(b) For failure to commence operations in accordance with the requirements of the franchise agreement: $1,000/day for each violation for each day the violation continues after a thirty day cure period, if the franchisee has not undertaken substantial corrective action to cure the violation within that thirty-day period;

(c) For failure to substantially complete construction in accordance with a franchisee’s franchise agreement: $1,000/day for each violation for each day the violation continues after a thirty-day cure period, if the franchisee has not undertaken substantial corrective action to cure the violation within that thirty-day period;

(d) For transferring the franchise without approval: $2,000/day for each violation for each day the violation continues;

(e) For failure to comply with requirements for public, educational, and governmental use of the system: $ 1,000/day for each violation for each day the violation continues after a fourteen-day cure period, if the franchisee has not undertaken substantial corrective action to cure the violation within that fourteen-day period;

(f) For failure to supply information, reports, or filings lawfully required under the franchise agreement or applicable law or by the Town: $500/day for each violation for each day the violation continues after a thirty-day cure period, which shall begin to run on the due date of any regularly scheduled report and on the date of a deadline reasonably set by the Town for any report or information request not regularly scheduled, unless the franchisee shows that it was not in fact aware of the requirement in question, in which case the thirty-day cure period shall begin to run upon written notice of such requirement by the Town to the franchisee;

(g) For violation of customer service standards, or failure to file a compliance certification or noncompliance statement as required herein: $200 per day or per event, as applicable;

(h) For failure to pay franchise fees or liquidated damages: $100 per day, in addition to any monetary payment due under a franchise agreement or this ordinance, for each violation for each day the violation continues after a seven-day cure period, if the franchisee has failed to make payment within that seven-day period, provided that these penalties shall be in addition to any late fees that may apply;

(i) For failure to file, obtain or maintain any required security fund in a timely fashion: $200 per day;

(j) For failure to restore damaged property: $200 per day, in addition to the cost of the restoration and any other penalties or fees as required elsewhere herein or in a franchise agreement, for each day the violation continues after a thirty-day cure period, if the franchisee has not undertaken substantial corrective action to cure the violation within that thirty-day period;

(k) For violation of technical standards established by the fcc: $100 per day for each day the violation continues after a thirty-day cure period after the Town gives the franchisee notice of such violation;

(l) For knowingly and intentionally signing a false report or statement: $1,000 per report or dock;.

(m) For any other violations of this ordinance, a franchise agreement, or other applicable law: $500/day for each violation for each day the violation continues.

(2) The franchisee shall pay any penalty assessed in accordance with this ordinance within fourteen (14) days after receipt of notice from the Town of such penalty.

(3) To the extent that penalties are applied to a franchisee under this section 14(a), a franchisee shall not be subject to liquidated damages payable to the Town for the same violation.

(4) The Town may reduce or waive any of the above-listed penalties for good cause shown.

(5) Pending litigation or any appeal to any regulatory body or court having jurisdiction over a franchisee shall not excuse the franchisee from the performance of its obligations under this ordinance or its franchise agreement unless a stay is obtained or the franchisee is otherwise excused from performance by operation of law. Failure of the franchisee to perform such obligations because of pending litigation or petition, in the absence of a stay issued by a forum of competent jurisdiction, may result in forfeiture or revocation pursuant to the provisions of this ordinance and/or its franchise agreement.

(B) Termination on account of certain assignments or appointments

(1) Any franchise shall be deemed revoked one hundred twenty calendar days after an assign for the benefit of creditors or the appointment of a receiver or trustee to take over the business of a franchisee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of creditors, or other action or proceeding. Provided, however, that a franchise may be reinstated at the Town’s sole discretion if, within that one hundred twenty-day period:

(a) Such assign, receivership or trusteeship has been vacated; or

(b) Such assignee, receiver, or trustee has fully complied with the terms and conditions of this ordinance and the applicable franchise agreement and has executed an agreement, approved by a court of competent jurisdiction, under which it assumes and agrees to be bound by the terms and conditions of this ordinance and the applicable franchise agreement, and such other conditions as

(D) Amendments to this Ordinance. Notwithstanding any other provision in this ordinance or a franchise agreement, nothing in this ordinance or a franchise agreement shall preclude the Town from exercising its police powers to enact, amend or supplement any law or regulation governing cable communications within the Town.

(E) Public Emergency.

In the event of a major public emergency or disaster as determined by the county executive of Prince George’s County, a franchisee shall immediately make the entire cable system, employees, and property, as may be necessary, available for use by the Town or other civil defense or governmental agency designated by the Town to operate the system for the term of such emergency or disaster for the emergency purposes. In the event of such use, a franchisee shall waive any claim that such use by the Town constitutes a use of eminent domain, provided that the Town shall return use of the entire system, employees, and property to the franchisee after the emergency or disaster has ended or has been dealt with.

(F) Connections to System; Use of Antennae.

(1) Subscribers shall have the right to attach devices to a franchisee’s system and the right to use their own remote control devices and converters and other similar equipment, consistent with FCC equipment compatibility rules and other applicable law, and a franchisee shall provide information to consumers which will allow them to adjust such devices so that they may be used with the franchisee’s system.

(2) A franchisee shall not, as a condition of providing service, require a subscriber or potential subscriber to remove any existing antenna or disconnect an antenna, or prohibit or discourage a subscriber from installing an antenna switch, provided that such equipment and installations are consistent with applicable codes and technically able to shield the cable system from any interference.

(G) Calculation of Time.

Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this ordinance or any franchise agreement, and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of duration time.

(H) Severability.

If any term, condition, or provision of this ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the Town and shall thereafter be binding on the franchisee and the town.


CHAPTER 6

ANIMAL CONTROL

Section 601.                 Purpose

Section 601.                 Definitions

Section 604.                 Running at Large Prohibited

Section 605.                 Confinement of Vicious; Use of Muzzles

Section 606.                 Cruelty to Animals or Fowl

Section 607.                 Raising or Keeping Certain Animals and Fowl Prohibited

Section 608.                 Commercial Breeding, Hospitalization or Boarding of Animals Prohibited

Section 609.                 Rabies Vaccination Required for Dogs and Cats

Section 610.                 Disposal of Animal Waste, Prohibited Areas

Section 611.                 Confinement of Female Animals in Heat

Section 612.                 Additional Dog Regulations

Section 613                  Proclamation of Rabies Danger, Subsequent Action

Section 614.                 Impoundment and Redemption Procedures

Section 615.                 Violations and Penalties

Section 616.                 Animal Warden

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Section 601.                 Purpose

The purpose of this chapter is to provide regulations concerning animals kept within the Town of Landover Hills so that such animals will not be or become a public nuisance.

Section 602.                 Definitions

As used in this Chapter, the following terms shall have the meanings indicated:

Animal at Large - An animal off the real property limits of its owner and not under restraint.

Animal under Restraint - An animal secured by a leash or lead and under the control of a responsible person or confined within a vehicle or within the real property limits of its owner.

Domestic Animals - Include but not necessarily to cats (Genus Felis Domestica), dogs, fowl, rabbits, guinea pigs, hamsters, gerbils, chinchillas, mice, rats fish, birds and domesticated wild animals.

Fierce, Dangerous or Vicious Animal - Any animal which attacks without provocation attacks and threatens or causes bodily harm to a person.

Guard, Sentry or Attack Dog - A dog which will detect and warn its handler that an intruder is present in or near an area that is being secured or dog which is trained to attack with or without provocation.

Owner - Any person owning, keeping, harboring or acting as custodian of a domesticated animal or that person to whom an animal’s identification tag is registered.

Pet -A domesticated animal kept for pleasure rather than utility. “Pets” include but are not limited to birds, cats, dogs, fish, hamsters, mice, reptiles and other animals associated with human environment.

Section 603.                 Public Nuisance Animals

A. It shall be unlawful for any persons in the Town of Landover Hills to keep or maintain an animal so as to disturb the peace, comfort or health of any person or to cause or permit the animal to be a public nuisance or to cause or permit the animal to cause a public nuisance condition.

B. Public nuisance animals are any animals which:

(1) are repeatedly found at large;

(2) damage the property of anyone other than the owner of the animal;

(3) are vicious;

(4) cause fouling of the air by odors

(5) cause unsanitary conditions of enclosures or surroundings

(6) by virtue of numbers or type of animals maintained, are offensive or dangerous to the public health, safety or welfare;

(7) excessively make disturbing noises including but not limited to continued and repeated howling, barking, whining or other utterances;

(8) molest pedestrians or passersby;

(9) attack other domestic animals or pets;

(10) have been designated by the Town Council to be public nuisance animals by virtue of being a menace to the public health, welfare or safety;

(11) chases vehicles

Section 604.                 Running at Large Prohibited

A. No owner or custodian of any animal shall allow or fail to prevent such animal from being at large within the Town. Any animal found at large or running at large is declared to be a nuisance and dangerous to the public health, safety and welfare.

B. Any animal must be so controlled as to prevent it from molesting the person or property of any other person.

Section 605.                 Confinement of Vicious Animals; Use of Muzzles

It shall be unlawful for the owner of any fierce, dangerous or vicious animal, including dogs which have a history of unlawful biting of a human, not to confine such animal within a building or secure enclosure. Such animal shall not be taken out of such a building or secure enclosure unless securely muzzled.

Section 606.                 Cruelty to Animals

It shall be unlawful for any person to treat any animal or bird in a cruel manner either willfully or by neglect. It shall also be unlawful for any person to incite animals to fight or tease or harass animals.

Section 607.                 Raising or Keeping Certain Animals and Fowl Prohibited

It shall be unlawful for any persons to raise, maintain or keep domestic fowl, including pigeons, bees and beehives, livestock, or wild animals of any kind with the Town of Landover Hills.

For the purpose of this section “Livestock” shall include but not be limited to cows, sheep, goats, swine, mules, donkeys, horses or ponies.

Section 608.                 Commercial Breeding, Hospitalization or Boarding of Animals Prohibited

It shall be unlawful for any person to engage in the breeding, hospitalization and boarding of household pets or other animals on a commercial basic within the Town of Landover Hills.

Section 609.                 Rabies Vaccination Required for Cats and Dogs

It shall be unlawful for any person to own or harbor a dog or cat over the age of four (4) months without a valid rabies vaccination.

Section 610.                 Disposal of Animal Solid Waste: Prohibited Areas

It shall be unlawful for a person owning, keeping or having custody of an animal, except a “seeing eye dog”, to allow or permit solid waste of such animal to remain on the property of any other person without the consent of the owner or occupant thereof, on the property of the owner in such a manner as to become offensive or a hazard to health or on such public properties as are prohibited by order of the Mayor and Council of the Town of Landover Hills. Prohibited areas shall include sidewalks, streets, immediately adjoining areas to sidewalks and streets, and any Town park or parkland.

Section 611.                 Confinement of Female Animal in Heat

Every female animal while in heat shall be kept confined in a building or secure enclosure by the owner in such a manner that she will not be in contact, except for intentional breeding purposes, with a male member of the same species nor create a nuisance by attracting other animals.

Section 612.                 Additional Dog Regulations

A. License required. It shall be unlawful for any person to own or harbor within the Town of Landover Hills any dog unless such dog is licensed as provided by the ordinances and regulations of Prince George’s County.

B. Dogs disturbing the peace. It shall be unlawful for any person to keep within the Town of Landover Hills a dog which shall, by barking, whining, or howling or in any other manner, disturb the peace and quiet of any person or neighborhood.

C. Attack Dogs. It shall be unlawful for any person to raise, maintain or keep within the residential areas of the Town of Landover Hills a dog which is being trained or has been trained as an attack dog, except that these provisions do not apply to a law enforcement officer of any State, County, Municipal or Local Government who, as a part of such officer’s job description, is engaged in the training of or working with dogs in any police-related function.

Section 613.                 Proclamation of Rabies Danger: Subsequent Action

Whenever the Town Council of the Town of Landover Hills shall determine that the health and safety of the people of the Town are endangered by reason of an animal with rabies having been or being in said Town, the Mayor shall forthwith issue a proclamation informing the people of the Town that their health and safety are endangered by reason of rabies. For thirty (30) days after issuance of the proclamation, it shall be the duty of the Police Officers of the Town of Landover Hills and any person authorized by the Town Council to handle or dispose of any animal running at large in such a manner as the Officer or authorized person may deem proper.

Section 614.                 Impoundment and Redemption Procedures

A. Disposition of animals whose owner is unknown. An animal found at large and whose owner is unknown shall be delivered immediately to the Prince George’s County Animal Control Facility. During the period of time the animal is in the Animal Control Facility, the Town will make reasonable efforts to notify the owner by posting a notice at Town Hall.

B. Disposition of Animals Whose Owner is Known.

(1) An animal found at large whose owner is known may be retained at Town Hall until the owner claims said animal. In no event, however, will the animal be permitted to remain at Town Hall for a period exceeding twenty-four (24) hours. Reasonable efforts to notify the owner shall be made and the owner shall receive a municipal citation for allowing the animal to be at large in violation of Section 604 hereof. Upon payment of municipal citation, the animal will be released to the owner.

(2) An animal found at large whose owner is known but does not have a valid and current rabies vaccination and license will be cared for in a shelter provided by the Town for a period of time not to exceed twenty-four (24) hours. Reasonable efforts to notify the owner shall be made and the owner shall be issued a municipal citation for allowing the animal to be at large. In order for the Town to release the animal to the owner, the owner must pay the municipal citation, pay an animal release deposit as set forth in Chapter 28 “Fees and Penalties”, Section 2801 “Fees and Interests” and sign a letter stating that within ten (10) days after the receipt of the animal, the owner will have the animal vaccinated and licensed. Upon proof to the Town that the owner has obtained necessary license and has had the animal properly vaccinated, the animal release deposit will be refunded to the owner.

Section 615.                 Violations and Penalties

Violation of this Chapter is declared to be a municipal infraction. The penalty for violations shall be set forth in Chapter 28, Section 2802 “Penalties” of the Town Code.

Section 616.                 Animal Warden

A. Establishment: Powers and Duties Generally. There is hereby established the position of animal warden, who shall have the responsibility for the enforcement of the provisions of this Chapter and who shall have the power to appear in court if a citizen contests a citation. The warden shall report to the Town Manager who shall prescribe the necessary procedures, uniform, credentials and badges of authority for the enforcement of this Chapter.

B. Compensation. The animal warden may serve without compensation or with reimbursement for expenses or by fee or contract or by salary or any combination of such modes of payment as may be approved by the Mayor and Council.

C. Police Powers. Nothing in this Section shall abridge or restrict the authority of the Town Police Officers to investigate or enforce the provisions of this Chapter.

 


CHAPTER 11

BUILDING CONSTRUCTION

Section 1101                Adoption of standards by reference

Section 1102                Permit fees

Section 1103                Violations and penalties; inspections; stop work orders

Section 1104                Performance/maintenance bond for projects on public property

GENERAL REFERENCES

Housing Code - See Chapter 41.

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Section 1101                Adoption of standards by reference.

In order that the health, welfare, safety and morals of the citizens and residents of the Town of Landover Hills may be protected from the ill effects of substandard construction and all of the ramifications arising therefrom, and in order that the value of property within the corporate limits of the Town of Landover Hills may be protected from said ill effects and ramifications, all buildings, structures and/or improvements and additions thereto hereafter constructed within the corporate limits of the Town of Landover Hills for any reason whatsoever shall be constructed in accordance with the provisions of the building code, which shall apply in all cases.

The basic Building Code for the Town of Landover hills shall be the Building Code of Prince George’s County as it may be amended from time to time. This Code shall apply in all cases except as modified herein.

Section 1102                Permit and Permit Fees

There is hereby established a Town building permit requirement. A building permit will be required for all exterior and interior construction work undertaken in the Town of Landover Hills for which a Prince George’s County Building Permit is required. A valid County permit will be a prerequisite for the issuance of a Town building permit.

A building permit fee will be charged as set forth in Chapter 28 “ Fees and Penalties”, Section 2801 “Fees and Interest”. No fee will be charged for a building permit that is issued for repair or replacement construction in kind. However, if any additional improvements are included in the repair or replacement construction then a building permit fee will be charged.

Section 1103                Violations and Penalties; Inspections; Stop-work Orders

A. Any person who shall violate any provisions of this chapter, or any provision of any rule or regulation adopted by the Mayor and Council, pursuant to authority granted by this chapter, except as specified in Subsection B of this Section, shall be guilty of a misdemeanor and, upon conviction, be punished by a fine of fifty dollars ($50.00) for the first offense and one hundred dollars ($100.00) for each subsequent offense, or by imprisonment for up to six (6) months, and each day’s failure to comply with any such provision shall constitute a separate violation.

B. The Mayor and Town Council shall appoint the Town Engineer or such other person as it deems appropriate to serve on an annual basis as Town Building Inspector. The person appointed as Town Building Inspector shall inspect all construction, alteration, enlargement, removal or demolition within the Town to determine compliance with this chapter and other provision of any rule or regulation adopted by the Mayor and Council. When construction activities are commenced in violation of the Town of Landover Hills Building Code, the Town shall issue a stop-work order. Upon issuance of a stop-work order advising that work on any building or structure is being prosecuted contrary to the provisions of this building code or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop-work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work, and shall state the conditions under which work may be resumed. The stop-work order may be served by the Town Building Inspector or any authorized police officer of the Town. Any person, firm, association, partnership or corporation, or combination thereof, who shall continue work in violation of the provisions of a stop work order, or shall remove or cause to be removed a “stop work order” sign still in effect and operation, shall be guilty of a misdemeanor and upon conviction, shall be subject to a fine of five hundred dollars ($500.00) or imprisonment for up to six (6) months, or by both fine and imprisonment.

C. In addition to any other remedy set forth in this Chapter pursuant to Article 28, Subsection 8-12 (D) of the Annotated Code of Maryland, whenever violations of the Town of Landover Hills Building Code have not been corrected within five (5) calendar days after issuance of a stop work order, the Town may institute injunction mandamus or other appropriate action or proceeding to prevent the unlawful construction, reconstruction, erection, alteration or use.

Section 1104                Performance/Maintenance Bond for Projects on Public Property

Persons, firms or corporations shall be required to give performance/maintenance bond or cash deposit to insure the faithful performance of any and all work done on public property. For projects costing one hundred dollars ($100.00) or less, a cash deposit of twenty-five dollars ($25.00) shall be required. Said deposit shall be held by the Town until the project has been inspected and approved by the Town, at which time, upon application, the cash deposit shall be released. The amount of bond or cash deposit for projects costing more than one hundred dollars ($100.00) shall be one hundred percent (100%) of the total cost of the project and shall be in force or, in the case of a cash deposit, shall be held by the Town until the project has been inspected and finally approved by the Town, at which time, upon application, fifty percent (50%) of the bond or cash deposit shall be released. At the expiration of six (6) months from the date of completion of the project, upon inspection and approval by the Town and upon the application, the remaining bond or deposit shall be released. If any project does not meet the specifications as required by the Town, the bond or cash deposit shall be declared forfeit and the Town shall correct or complete the project according to the Town specifications.

 


CHAPTER 14

COMMERCIAL PROPERTY STANDARDS AND MAINTENANCE

Section 1401                Scope

Section 1402                Definitions

Section 1403                Responsible Persons

Section 1404                Maintenance Requirements

Section 1405                Disposal of Garbage and Rubbish

Section 1406                Weeds

Section 1407                Insect and Rat Control

Section 1408                Public Areas

Section 1409                Exterior Surfaces, Walls and Foundations of Structures

Section 1410                Roof and Drainage

Section 1411                Decorative Features

Section 1412                Signs, Marquees and Awnings

Section 1413                Notice of Violation

Section 1414                Appeals

Section 1415                Enforcement and Penalty

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Section 1401                Scone

The provisions of this Chapter provide the minimum standards and the responsibilities for maintenance of structures, equipment and exterior property for all property and structures used or zoned for commercial and industrial purposes in the Town of Landover Hills and for residentially zoned property where the use is other than residential.

Section 1402                Definitions

A. “Garbage” shall mean the animal and vegetable waste resulting from the handling, preparation, cooking or consumption of food.

B. “Maintenance” shall mean acts of repair or other acts to prevent a decline in the condition of grounds, structures and equipment such that the condition does not fall below the standards established by this Chapter.

C. “Owner” shall mean any person who owns, leases, occupies or controls the property and any agent of such person.

D. “Property” shall mean any land utilized or zoned for commercial or industrial purposes or residentially zoned land where the use is other than residential, and any improvement thereon.

E. “Public Nuisance” shall mean and include the following:

1. The physical condition or use of any premises regarded as a public nuisance at law; or

2. Any physical condition or use of any premises or its appurtenances which may reasonably invite or encourage trespassing and result in injury to trespassers or others; or

3. Any property which has unsanitary sewage or plumbing facilities; or 4. Any physical condition or use which would constitute an unsafe condition or structure under the Prince George’s County Code; or

5. Any property from which the plumbing, heating and/or facilities required by the Prince George’s County Code or by other applicable laws or regulations have been removed or from which facilities have been disconnected, destroyed, removed or rendered ineffective; or

6. Any property which is unclean, unsanitary or which is littered with rubbish or garbage or which has an uncontrolled growth of weeds.

F. “Rubbish” shall mean all solid waste consisting of both combustible waste (including, but not limited to, paper, cardboard, wood, cloth, bedding material, lawn and yard clippings not located in an established compost pile and dead trees and limbs to include any hazardous or uprooted trees) and non-combustible waste (including, but not limited to, metals, glass, crockery, tin cans, junked appliances, abandoned vehicles and any building and construction waste) For the purposes of this ordinance, “abandoned vehicles” shall mean any motor vehicle or trailer that is inoperable and left unattended on private or public property for more than forty eight (48) hours or does not display current license plates for that vehicle, is wrecked or dismantled.

G. “Tree” shall mean a large wooded plant having one or several self-supporting stems or trunks or numerous branches and which reaches a height of at least twenty (20) feet in maturity.

H. “Weeds” shall mean grass, weeds, brush and growth, excluding trees, ornamental shrubbery, plants, flowers, garden vegetables properly tended, cultivated crops or woodland not otherwise in violation.

Section 1403                Responsible Persons

All owners of property (as defined in Section 1) are responsible for complying with the requirements of this Chapter.

Section 1404                Maintenance Requirements

All improved and unimproved property shall be maintained in a clean, safe, secure and sanitary condition and in conformance with this Chapter so as not to create a public nuisance or adversely affect the public health, safety, or welfare.

Section 1405                Disposal of Garbage and Rubbish

All garbage, vegetable waste or other putrescible materials or rubbish shall be placed in approved containers provided with close fitting covers for the storage of such waste until removed from the premises for disposal.

Section 1406                Weeds

All property shall be kept free from weeds in excess of twelve (12) inches in height, except where prohibited by other applicable laws.

Section 1407.               Insect and Rat Control.

All owners of the property shall be responsible for the extermination of insects, rats, vermin or other pests in all areas of the property.

Section 1408                Public Areas

All sidewalks, steps, driveways, parking spaces, loading docks, service areas and similar paved areas for public use shall be kept in a proper state of repair and maintained free of hazardous conditions.

Section 1409                Exterior Surfaces. Walls and Foundations of Structures

Every exterior surface, wall and foundation shall be free of holes, breaks, loose or rotting boards, timbers or other materials in any conditions which admit rain or dampness to the interior portions of the walls. All exterior surface materials, including wood, composition, cinder block or metal siding shall be maintained in a weatherproof condition, properly surface coated and free of graffiti.

Section 1410                Roofs and Drainage

Roofs and drainage systems shall be structurally sound and tight and without defects which might admit rain or cause dampness or deterioration in the interior portion of the building. Roof water shall not be discharged in a manner which creates a private or public nuisance or violates ordinances relating to storm water management.

Section 1411                Decorative Features

All cornices and entablature, belt courses, core belts, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

Section 1412                Signs, Marquees, and Awnings

A. Canopies, marquees, signs, metal awnings, stairways, fire escapes, stand pipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and properly anchored so as to be kept in a safe and of sound condition. They shall be protected against the elements, decay and rust by the periodic application of a weather resistant material, such as paint or other protective treatment.

B. Any structure, post or foundation which was constructed, erected or maintained for the purpose of supporting or displaying, or which was used for support or display of any on-site sign, but which has not been used for such support or display for a period of ninety (90) consecutive days is prohibited and must be removed.

Section 1413                Notice of Violation

A. Whenever the Town Manager or his/her designee shall determine that a provision of this Chapter has been violated he/she shall serve notice of the violation upon the owner or other responsible party by sending a copy of the notice by mail to the last known address or, if the notice is returned showing that it has not been delivered to the last known address, by posting a copy in a conspicuous place in or about the subject property in violation.

B. The notice shall be in writing, shall include a description of the property sufficient for identification, shall specify the violation that exists and the remedial action required and shall allow a reasonable time for the performance of any act it requires.

Section 1414                Appeals

A responsible party may appeal a notice of violation or decision of the Town Manager or his/her designee with respect to any provision of this Chapter by filing an appeal with the Mayor and Town Council within thirty (30) calendar days or within the period required for compliance, whichever is shorter. The appeal shall state in detail the reasons for the appeal. The decision of the Mayor and Town Council shall be given in writing within sixty (60) days after the hearing is concluded. Failure to render the decision within the time period allowed shall affirm the decision of the Town Manager or his/her designee.

Any party aggrieved by the decision of the Mayor and Council with respect to this Chapter may appeal such decision to the Circuit Court for Prince George’s County, Maryland pursuant to the rules governing appeals from administrative agencies. All appeals shall be on the record.

Section 1415                Enforcement and Penalty

A. Violations of this Chapter are declared to be municipal infractions. The penalty for violation shall be as set forth in Chapter 28, Section 2802 “Penalties” of the Town Code. In the event that an owner does not comply with a notice of violation within the time period provided (including any period allowed by appeal) and upon verification by the Town Manager or his/her designee that the violation still exists, he/she may issue upon the responsible party a municipal infraction.

B. Each day the violation continues is deemed a separate offense and is subject to an additional citation.

C. In addition to the remedies provided herein, the Town may institute an injunction, mandamus or other appropriate action or proceeding to enforce the provisions of this Chapter

D. A tax lien shall be created on real property for monies expended by the Town for the abatement of violation of this Chapter where the responsible party refuses or fails to comply with the lawful order of the Town Manager or his/her designee after due notice thereof in issuance of an order by a court of competent jurisdiction. Upon certification that a tax lien has been created, the amount of such lien shall be collected by the Town in the same manner as other real estate taxes.

 


CHAPTER 20

ELECTIONS

Section 2001                Definitions

Section 2002                Registration procedures

Section 2003                Duration of registration validity.

Section 2004                Absentee voting procedures.

Section 2005                Recount

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Section 2001                Definitions

As used in this Chapter, the term “residency” shall mean the act or fact of dwelling in an abode either as an owner or renter.

Section 2002                Registration Procedures

A Residents may register to vote as follows:

1. A voter who resides within the corporate limits of the Town and is registered with the prince George’s County Board of Elections Supervisors shall be deemed registered for Town elections.

2. In addition, any qualified resident may register by mail upon requesting an application for voter registration from the Town. Voters may be registered at any time up to thirty (30) days prior to an election. No person is entitled to vote in Town elections unless he is registered. A notice shall be published in a newspaper of general circulation or in a newsletter mailed to all residents that shall include the day, hours and place(s) of registration.

3. Registration for any regular or special election will be closed for the thirty (30) days preceding that election. Residents may register throughout the year, excluding the thirty (30) days preceding any election.

4. The completed prescribed registration form must be mailed or hand delivered to the Prince George’s County Board of Elections, but shall be delivered by the thirtieth (30’) day prior to any election.

B Voter eligibility. Every person who,

1. Is a citizen of the United States, 2. Is at least eighteen (18) years of age, 3. Resides within the corporate limits of the Town for at least thirty (30) days preceding the election

4. Is registered in accordance with provisions of this charter and this Chapter, and

5. Is eligible to vote in State elections, shall be entitled to vote in all Town elections.

C. Cancellation of Registration. Any voter whose registration is canceled for any reason in order to in any subsequent Town election, must register to vote in accordance with the provisions of this Section.

Section 2003                Duration of Registration Validity

All persons maintaining residency within the corporate limits of the Town of Landover Hills who presently are registered voters of the Town shall remain registered as long as they meet the qualifications for voters prescribed in Article VI, Subsection 601, of the Town Charter. A voter’s registration shall lapse upon a failure to vote in a consecutive five (5) year period.

Section 2004                Absentee Voting Procedures

A. Qualification. Any qualified voter registered to vote in the Town of Landover Hills shall be entitled to vote in any municipal election by absentee ballot.

B. Ballot Application.

1) Any qualified voter desiring to vote at any election as an absentee voter shall make application in writing to the Town Clerk for an absentee ballot as hereinafter provided. The application shall be on a form containing an affidavit, which need not be under oath, but which shall set forth the following information under penalty of perjury:

A) The voter’s name and residence address, including the street and number and apartment number, if any.

B) Instructions for return of the application.

2) Printed application forms for absentee ballots shall be provided by the Town Clerk and shall be available to any qualified voter upon request.

3) Upon receipt of a completed application, the Town Clerk shall reject the application only if he determines that the applicant is not legally qualified under the laws of Landover Hills to vote at the election as an absentee voter. When rejected, the Town Clerk shall notify the applicant of the reason therefore. All investigations shall be concluded and all determinations made as to absentee ballot applications as soon as practicable after they are received.

4) When an application is approved, the Town Clerk shall, as soon as practicable, deliver to the applicant an absentee voters ballot, instructions for absentee voters and the envelopes relating therein. Such delivery shall be by mail to the address designated in the application.

5) The Town Clerk shall keep a record of applications for absentee voters’ ballots as they are received, showing the date and time received, the names and residences of the applicant and the date and mode of delivery. Such record shall be available for examination by any registered voter.

6) After approval of an application for an absentee ballot and the delivery to the applicant of an absentee ballot, a marker shall be placed by the voter’s name on the registration books recording the fact that an absentee ballot has been delivered. No such voter shall vote or be allowed to vote in person on Election Day.

C. Preparation and Delivery of Ballots.

1) In sufficient time prior to any election, the Town Clerk shall have prepared an adequate number of ballots which shall have imprinted the words “absentee ballot” in large letters in a clear space at the top of each ballot. There shall also be imprinted on the ballot instructions for marking the ballot and a warning that any erasures, alterations or identifying marks will invalidate the ballot.

2) Not more than one (1) absentee ballot shall be mailed to any one applicant unless the Town Clerk has reasonable grounds to believe that the absentee ballot previously mailed has been lost, destroyed or spoiled.

D. Instructions. The Town Clerk shall also have prepared an adequate supply of instructions for absentee voters. Such instructions shall contain a warning of legal penalties applicable for making any false application or affidavit or for willfully doing any act contrary to the terms of this chapter regarding absentee voting law with the intent of casting an illegal vote or aiding another in doing so and provide that:

1) The instructions and the ballot are to be examined carefully before the ballot is marked and other required actions are taken because failure to mark the ballot properly or to follow other instructions exactly will invalidate the ballot.

2) The ballot may be marked only in accordance with instructions printed on the ballot and may not contain erasures or alterations.

3) The marked ballot and nothing else shall be enclosed and sealed in a ballot envelope.

4) The affidavit printed on such ballot envelope shall be completed and signed.

5) The completed ballot envelope shall be enclosed and sealed in a return envelope and returned by mail or by hand to the election judges at the address preprinted on the return envelope by the closing of the polls on Election Day.

E. Preparation of Envelopes.

1) Ballot envelopes. The Town Clerk shall also have prepared an adequate supply of ballot envelopes which shall be of sufficient size to contain an absentee ballot and which shall have imprinted on the face the words “Ballot for the Election of “ and an affidavit containing an oath to be completed and signed by the absentee voter.

2) Return envelopes. The Town Clerk shall also have prepared an adequate supply of return envelopes which shall be large enough to contain the ballot envelope and on which shall be imprinted the name and address of the election judges and the words “Official Ballot, to be opened only by election judges.”

3) Cover Envelopes.

A) The Town Clerk shall also have prepared an adequate supply of cover envelopes, which shall be large enough to contain the herein-described envelopes and which shall be imprinted with the return address of the election judges and the “Official Absentee Ballot, Do Not Forward.” The Town Clerk shall prepare a cover envelope for each approved application, addressed to the absentee vote at the address listed in his application, and in such envelope shall enclose the following:

1) A copy of approved application.

2) Instructions to absentee voters.

3) An absentee ballot

4) A ballot envelope.

5) A return envelope.

B) The cover envelope shall be mailed to the applicant as soon as practicable after the application is approved.

F. Filing. Absentee ballots must be received by the election judges prior to the closing of the polls.

G. Counting, certifying and canvassing ballots, preservation.

1) No one shall open any ballot envelope or unfold any absentee ballot at any time prior to the closing of the polls and the canvass of the absentee ballots by the election judges. A ballot envelope so opened or ballot so unfolded shall not be counted.

2) After the closing of the polls and as part of the canvass, the election judges shall proceed to count, certify and canvass the absentee ballots contained in the ballot envelopes received by them prior to the closing of the polls on election day. In conducting the canvass and before opening the ballot envelopes, the election judges shall determine whether there is more than one (1) ballot envelope for any absentee voter, whether completed and signed, whether the person signing such affidavits are qualified to vote and whether any such person has already voted. If more than one (1) absentee ballot envelope is received for the same person prior to the closing of the polls on Election Day, the judges shall count, certify and canvass only the absentee ballot contained in the ballot envelope on which the voter’s affidavit was first executed, and if the oaths on the ballot envelopes are dated the same or if both are undated, none of the ballots received from such a person shall be counted. Ballot envelopes incompletely executed or from persons not qualified to vote or from persons who have already voted shall be set aside, and none of the ballots in such envelopes shall be counted.

3) Ballots shall then be removed from the properly executed ballot envelopes, counted and placed in a ballot box or boxes prepared for that purpose. When any ballot envelope is opened, the judges shall immediately enter the registration books the fact that the voter whose name appears thereon has voted using the initials “A. B.” to indicate the vote has been by absentee ballot. If there is more than one (1) ballot in the ballot envelope, all shall be rejected. Absentee ballots may be marked by any kind of pencil or ink. Any absentee ballot voted for a person who has counted for such candidate, but such vote shall not invalidate the remainder of such ballot.

4) Whenever the election judges shall determine prior to completion of the canvass that any person who has returned an absentee ballot has died before election day, the election judges shall not count the ballots of the deceased voter, but it shall be preserved by the election judges for six (6) months and then be destroyed unless prior to that time the election judges are ordered by a court of competent jurisdiction to keep the same for any longer period. If at or prior to the time of such counting and canvassing the election judges shall not have determined that the absentee resident who marked a ballot had died before election day, said ballot shall be counted, and the fact that said absentee resident may later be shown to have been actually dead on election day shall not invalidate said ballot or election.

5) All absentee voter’s applications, affidavits, ballot envelopes and ballot shall be kept separate and apart from ballots cast in the regular voting and retained for six (6) month after the date of election at which they were cast unless prior to that time the election judges shall be ordered by the court of competent jurisdiction to keep the same for any longer period.

Section 2005                Recount

Any qualified or write-in candidate, or authorized representative of a candidate shall have the right to request a recount of the vote so long as such request is in writing and is received by the Town Manager or election judge within twenty-four (24) hours of the closing of the polls, or if votes are not counted on election day, within twenty-four (24) hours after the election judges have completed the first count of votes cast in the election.  A candidate will be entitled to only one (1) recount in any election.  (O-03-01)

 


CHAPTER 24

ETHICS, CODE OF

Section 2401                Applicability of provisions

Section 2402                Ethics Commission established; powers and duties.

Section 2403                Conflicts of interest.

Section 2404                Ethical restrictions regarding contracts.

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Section 2401                Applicability of Provisions

A.        The provisions of this Chapter shall apply to: all publicly elected officials, candidates for public office, officials and regular employees of the Town of Landover Hills, except those persons serving on committees, advisory bodies or commissions appointed for any specific purpose so long as said body does not have decision-making authority and is not an operational board or commission.

B.         Definitions.

(1)  In this chapter the following words have the meanings indicated:

(A)  “Business Entity” means an entity or person engaged in business, whether for profit or nonprofit, regardless of form

(B)  “Compensation” means money or any other valuable thing, regardless of form, received or to be received by a person from an employer for services rendered.

(C)  “Employer” means an entity that pays or agrees to pay compensation to another entity for services rendered.

(D)  “Financial Interest” means:

(1)        Ownership of an interest as a result of which the owner has received, within the past 3 years, is currently receiving, or in the future is entitled to receive, more than $1,000 per year; or

(2)  Ownership of more than 3% of a business entity by a Town official or employer or his/her spouse.

(3)  Ownership of securities of any kind that represent, or are convertible into, ownership of more than 3% of a business entity by a Town official or employer or his/her spouse.

(E)  “Gift” means the transfer of anything of economic value, regardless of form, without adequate and lawful consideration.  “Gift” does not include the solicitation, acceptance, receipt or regulation of a political contribution that is regulated in accordance with any law regulating elections or the receipt of political contributions.

(F)  “Immediate Family” means an individual’s spouse and dependent children.

(G)  “Interest” means a legal or equitable economic interest that is owned or held wholly or partly, jointly or severally, or directly or indirectly, whether or not the economic interest is subject to an encumbrance or condition.  “Interest” does not include:

(1)        An interest held in the capacity of agent, custodian, fiduciary, personal representative, or trustee, unless the holder has an equitable interest in the subject matter;

(2)        An interest in a time or demand deposit in a financial institution;

(3)        An interest in an insurance policy, endowment policy, or annuity contract by which an insurer promises to pay a fixed amount of money in a lump sum or periodically for life or a specified period; or

(4)        A common trust fund or a trust fund that forms part of a pension or a profit-sharing plan that:

(a)  Has more than 25 participants; and

(b)  Is determined by the internal revenue service to be a qualified trust under §401 or §501 of the internal revenue code.

(H)  “Member of Household” means:

(1)  If sharing an individual’s legal residence, the individual’s:

(a)  Spouse;

(b)  Child;

(c)  Ward;

(d)  Financially dependent parent; or

(e)  Other financially dependent relative.

(2)  An individual’s spouse, child, ward, parent or other relative, over whose financial affairs the individual has legal or actual control.

(I)  “Qualifying Relative” means a spouse, parent, child, brother, or sister.

(O-01-03)

Section 2402                Ethics Commission Established: Powers and Duties and Procedures

A.  Commission & Powers:  There shall be a Town of Landover Hills Ethics Commission, which shall be composed of no more than six (6) members appointed by the Mayor and approved by the Council.  He/She shall be appointed thirty (30) days after each general election and serve two-year terms.  The commission shall be advised by the Town attorney, or an attorney specially appointed by the Mayor and Council, and shall have the following responsibilities:

1. To devise, receive and maintain all forms generated pursuant to this chapter.

2. To provide published advisory opinions to persons subject to the chapter as to the applicability of the provisions of the chapter to them.

3. To process and make determinations as to complaints filed by any person alleging violations of this chapter.

4. To conduct a public information program regarding the purpose and application of this chapter.

5. To retain as a public record each document filed with the ethics commission for at least 4 years after receipt.

6. To periodically review the adequacy of public ethics  laws.

7. To adopt regulations to implement this chapter.

B.  Quorum:  The ethics commission shall only act in an official capacity if a quorum of three members are present.  In the absence of such quorum, the ethics commission may not act except to attempt to have a quorum within fifteen days of the first attempt.  If the ethics commission is unable to assemble a quorum the Town attorney or an attorney specially appointed by the mayor and council shall act in their absence according to this chapter, the state code and such other terms set by the mayor and council.

C.  Oaths & Subpoenas:

(1)        The ethics commission may:

(a)  Administer oaths; and

(b)  Issue subpoenas for the attendance of witnesses to testify or to produce other evidence.

(2)        Judicial Enforcement. – a subpoena issued under this section may be judicially enforced.

D.  State code:  The ethics commission shall consult and use the state ethics law (codified as §15-101 et. Seq. of the state government article of the Maryland code) as a guide and authority in matters not specifically addressed herein.

E.  Advisory Opinions:

(1)  Required.  On written request of a person subject to this chapter, the ethics commission shall issue an advisory opinion regarding the application of this chapter.

(2)  Discretionary.  On written request of any other person or entity, the ethics commission may issue an advisory opinion.

(3)  Requirements.  Each advisory opinion may be:

(a)  In writing; and

(b)  Published.

(4)  Confidentiality.  Before an advisory opinion may be made public, the ethics commission shall delete:

(a)  The name of the entity that is the subject of the opinion; and

(b)  To the fullest extent possible, any other information that may identify the entity.

F.  Complaints:

(1)        Commencement of Action:

(a)  Any person may file with the ethics commission a written complaint alleging a violation of this chapter.

(b)  A complaint filed under this subsection shall be signed; and made under oath.

(c)  The ethics commission on its own motion may issue a complaint alleging a violation of this title.

(2)  Copy to Respondent.  The ethics commission promptly shall transmit to the respondent a copy of the complaint.

(3)  Hearing.  The ethics commission shall promptly investigate any complaint and dismiss it or provide and hold a hearing conducted under Title 10, Subtitle 2 of the state government article of the Maryland code.

(4)        Findings:

(a)  After the ethics commission considers all of the evidence presented at the hearing, it shall make findings of fact and conclusions of law in writing with respect to each alleged violation.

(b)  If the ethics commission determines that the respondent has not violated this title, the ethics commission shall dismiss the complaint in a signed order and promptly send a copy of the order to the complainant and the respondent.

(c)  If the ethics commission determines that the respondent has violated this title, the ethics commission may:

(i)  Issue an order of compliance directing the respondent to cease and desist from the violation;

(ii)  Issue a reprimand; or

(iii)  Recommend to the appropriate authority other appropriate discipline of the respondent, including censure or removal, if that discipline is authorized by law.

G.  Confidentiality.

(1)  In General.  Notwithstanding any other law and except as provided below, after a complaint is filed:

(a)  The proceedings, meetings, and activities of the ethics commission and its employees relating to the complaint are confidential; and

(b)  Information relating to the complaint, including the identity of the complainant and respondent, may not be disclosed by the ethics commission or staff, complainant, or respondent.

(2)  Duration.  Except as provided in subsection (3) of this section g, the restrictions above apply unless the matter is referred for prosecution, or the ethics commission finds a violation of this title.

(3)  Disclosures allowed:

(a) The ethics commission may release any information at any time if the respondent agrees in writing to the release.

(b)  On request of the respondent, the ethics commission at any time shall disclose the identity of the complainant to the respondent.

(4)  Referral for Prosecution.  If the ethics commission, while considering a complaint, finds that there are reasonable grounds to believe that the respondent may have committed a criminal offense, the ethics commission promptly shall refer the matter to an appropriate prosecuting authority.

(5)  Evidence.  The ethics commission shall make available to the prosecuting authority all pertinent evidence under its control.

Section 2403                Conflicts of Interest

A.        PARTICIPATION.  Except as otherwise provided below, an official or employee of the Town may not participate in a matter if:

1.  The official or employee or a qualifying relative of the official or employee has an interest in the matter and the official or employee knows of the interest; or

2.  Any of the following is a party to the matter:

(i)  Any business entity in which the official employee has a direct or indirect financial interest;

(ii)  Any business entity of which the official or employee of the qualifying relative is an officer, director, trustee, partner, or employee or with which they have applied for a position, are negotiating employment, or have arranged prospective employment;

(iii)  If the contract reasonably could be expected to result in a conflict between the private interest and the official duties of the official or employee, a business entity that is a party to a contract with the official or employee or qualifying relative.

(iv)  A business entity that is a creditor or obligee of an official or employee, or of a qualifying relative with respect to a thing of economic value and is in a position to affect directly an substantially the interest of the official, employee or qualifying relative.

B.         The Prohibitions In Subsection (A) Do Not Apply:

(1)        If participation is allowed by regulation or advisory opinion of the ethics commission or by the opinion of an advisory body.

(2)        If participation is limited to the exercise of an administrative or ministerial duty that does not affect the disposition or decision with respect to the matter involved.

C.        An official or employee who otherwise would be disqualified from participation under this Subsection shall disclose the nature and circumstances of the conflict, and may participate or act, if:

(1)        The disqualification would leave a body with less than a quorum capable of acting;

(2)        The disqualified official or employee is required by law to act; or

(3)        The disqualified official or employee is the only individual authorized to act.

D.        Prohibitions:

(1)        An official or employee may not:

(a)        Be employed by or have a financial interest in:

(i)  An entity subject to the authority of that official or employee or of the Town; or

(ii)  An entity either as a contractor or subcontractor that is negotiating or has entered a contract with the Town.

(b)  Hold any other employment relationship if that employment relationship would impair the impartiality and independent judgment of the official or employee.

(2)        An official or employee may not solicit any gift for him/herself or on behalf of another.

(3)        Except for trivial or ceremonial gifts, an official or employee may not knowingly accept a gift, directly or indirectly, from an entity that:

(a)  Does or seeks to do any business of any kind, regardless of amount, with the Town;

(b)  Engages in an activity that is regulated or controlled by the Town; or

(c)  Has a financial interest that may be affected substantially and materially, in a manner distinguishable from the public generally, by the performance or nonperformance of the official’s or employee’s official duties.

E.         Exemptions:  The ethics commission may grant an exemption to these prohibitions in extraordinary situations.

Section 2404                Ethical Restrictions Regarding Contracts

Any Mayor, Councilmember or official or employee who shall violate the ethics provisions during the term of office or employment shall forthwith forfeit that office or employment and his vacancy shall be filled by the Mayor and Town council.  He/She may be subject to indictment, as provided by law, and upon conviction shall further forfeit and pay over to the Town his share of interest in the agreement or contract or claim, as aforesaid, as the case may be.


CHAPTER 28

FEES AND PENALTIES

Section 2801                Fees and Interests

Section 2802                Penalties

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Section 2801                Fees and Interests

The following enumerations are the current fees, rates, charges and interest applicable in the Town of Landover Hills;

Chapter/Section

Description

Fee/Interest

614

Animal release deposit

$25.00

1102

Building release deposit

$  5.00

3508

Trash service for the disabled

$  4.00 per month
($48.00 annually)

3508

Removal of tree branches weighing more than 200 lbs.

$166.00

3508

Minimum fee for collection of white metals

$20.00

3508

Bulky trash service for furniture or other household items

$265.00

3513

Construction trash receptacle permit

$25.00

3518

Collection of any other items placed for collection in violation of Chapter 35, weighing less than 200 lbs

$120.00

4104

Licensing and inspection of rental property

$50.00

 

Reinspection fee for rental property

$25.00

6707

Permit parades and other public entertainment

Free

7001

Permit – Hawkers, peddlers, solicitors

$50.00 Annually

7001

Permit – Vendors

$50.00 Annually

7001

Yard Sales

$1.00 per event

8401

Signs

Free

9806(C)
(O-02-02)

Flagging Release
Administrative Fee

$25.00 per citation

9815
(O-02-02)

Vehicle release
Administrative fee

$25.00 per occurrence

9807(C)
(O-02-02)

Late charge

$25.00 per citation

9807(D)
(O-02-02)

Flagging Release
Administrative Fee

$25.00 per citation

89-R-03

Town Hall rental for social events

$50.00 first 2 hours
$20.00 each hour thereafter

 

Deposit

$50.00

 

Town Hall Rental Non-profit events

$35.00 first 2 hours
$15.00 each hour thereafter

 

Deposit

$35.00

92-R-05

Town Hall rental Social/civic organizations recognized by combined Federal campaign and sponsored by a Town Councilmember

Free

91-R-2

Sanitation user fee

$135.00 Annually

 

Section 2802                Penalties

The following fines and or imprisonment for violation of various ordinances or resolutions are applicable in the Town of Landover Hills:

Chapter/Section

Violation of

Type of Violation

Penalty

Chapter 5
Cable Communications

Section 521A
Violation of Chapter

Municipal Infraction

$100 per Occurrence

 

Section 521B
Failure to comply with decision/order of Town

Municipal Infraction

$500 per day

Chapter 6,
Animal Control

Section 603
Public Nuisance Animals

Municipal Infraction

$50 1st
$70 Repeat

 

Section 604
Animals Running at large

Municipal Infraction

$50 1st
$70 Repeat

 

Section 605
Confinement of vicious Animals; use of Muzzles

Municipal Infraction

$50 1st
$70 Repeat

 

Section 606
Cruelty of Animals or Fowl (threat, tease, harass)

Municipal Infraction

$50 1st
$70 Repeat

 

Section 607
Raising or keeping certain animals and fowl prohibited

Municipal Infraction

$50 1st
$70 Repeat

 

Section 608
Commercial breeding, hospitalization or boarding of animals prohibited

Municipal Infraction

$50 1st
$70 Repeat

 

Section 609
Rabies vaccination required (dogs & cats over 4 months)

Municipal Infraction

$50 1st
$70 Repeat

 

Section 610
Solid Waste Prohibited (scooper law)

Municipal Infraction

$50 1st
$70 Repeat

 

Section 611
Confinement of female/heat

Municipal Infraction

$50 1st
$70 Repeat

 

Section 612A
Prince George’s Co. Animal Lic. Required

Municipal Infraction

$50 1st
$70 Repeat

 

Section 612B
Dog disturbing the peace (barking, whining, howling)

Municipal Infraction

$50 1st
$70 Repeat

 

Section 612C
Trained attack dogs prohibited

Municipal Infraction

$50 1st
$70 Repeat

Chapter 11
Building Construction

Section 1103A

Municipal Infraction

$50 1st
$100 Repeat

 

Section 1103B

Misdemeanor

$500

Chapter 14
Commercial Property Standards and Maintenance

Section 1404
Maintenance Require

Municipal Infraction

$50 1st
$100 Repeat

 

Section 1405
Disposal of garbage and rubbish

Municipal Infraction

$50 1st
$70 Repeat

 

Section 1406
Weeds

Municipal Infraction

$50 each day
violation continues

 

Section 1407
Insect/rat control

Municipal Infraction

$50 1st
$70 Repeat

 

Section 1408
Public Areas

Municipal Infraction

$50 1st
$100 Repeat

 

Section 1409
Exterior surfaces walls and foundations of structures

Municipal Infraction

$50 1st
$100 Repeat

 

Section 1410
Roofs and Drainage

Municipal Infraction

$50 1st
$100 Repeat

 

Section 1411
Decorative Features

Municipal Infraction

$50 1st
$100 Repeat

 

Section 1412
Signs, Marquees, Awnings

Municipal Infraction

$100

Chapter 35

Section 3502B
Regular trash collection service

Municipal Infraction

$75 each day

 

Section 3506
Access to and storage of trash receptacles

Municipal Infraction

$50 1st
$70 Repeat

 

Section 3509
Recycling

Municipal Infraction

$50 each occurrence

 

Section 3510D
Abatement of refuse conditions existing in violation of Chapter

Municipal Infraction

Actual costs Incurred (including Admin. Costs)

 

Section 3512
Scavenging

Municipal Infraction

$50 1st
$100 Repeat

 

Section 3514
Keeping/storage of garbage, trash or other offensive matter prohibited

Municipal Infraction

$50 each day Violation

 

Section 3515
Storage of material in public

Municipal Infraction

$50 1st
$100 Repeat

 

Failure to pay within 15 days of violation notice

5% interest compounded per day

 

Section 3516
Cleanup after special event

Municipal Infraction

$200 each offense

 

Section 3517
Burning Restrictions

Municipal Infraction

$100 1st
$200 Repeat

 

Section 3518
Placement of yard waste or refuse (not bulky) not in compliance with placement times or regulations

Municipal Infraction

$20 each day violation cont.

 

Section 3518
Placement of bulky trash items not in compliance with placement times or regulations

Municipal Infraction

$100 each day the violation cont.

 

Section 3518
Commingling designated recyclable materials or failure to recycle

Municipal Infraction

$50 1st
$100 Repeat

 

Failure to pay within 15 days of violation notice

5% interest compounded per day

Chapter 41
Housing

Section 4103
Exterior and Interior

Municipal Infraction

$100 1ST
$200 repeat

 

Section 4104
Licensing and inspection of rentals, renting without a license

Municipal Infraction

$200

 

Section 4104f
Licensing renewal late penalty

Municipal Infraction

10% of license fee, daily

 

Section 4104g
Failure to display license

Municipal Infraction

$200 1ST
$200 repeat

 

Section 4104h
Failure to obtain license after notice

Municipal Infraction

$100 each unit

 

Section 4108
Unfit dwellings, failure to post no entry placard occupancy prohibited

Municipal Infraction

$50 1ST
$100 repeat

 

Section 4109
Emergency actions vacating building, entry prohibited, temporary safeguards authorizing emergency repairs

Municipal Infraction

$50 1ST
$100 repeat

 

Section 4109f
Cost of emergency repairs

Municipal Infraction

Property tax lien

 

Section 4110
Violations notice & citation
Penalty for violations, court action authority

Municipal Infraction

Property tax

Chapter 58
Nuisances

Section 5801
Spread of cinders, soot and dense smoke

Municipal Infraction

$50 1ST
$70 repeat

 

Section 5802
Building restriction

Municipal Infraction

$100 1ST
$200 repeat

Chapter 63
Parks

Section 6302
Prohibited acts

Municipal Infraction

$100 1ST
$200 repeat

Chapter 67
Peace and Good Order

Section 6701
Disturbing the peace

Municipal Infraction

$100 1ST
$200 repeat

 

Section 6701A
Loud and unseemly noises

Municipal Infraction

$100 1ST
$200 repeat

 

Section 6701B
Remarks & gestures to provoke

Municipal Infraction

$200 1ST
$400 repeat

 

Section 6702
Failure to comply with lawful police order

Municipal Infraction

$200 1ST
$400 repeat

 

Section 6703
Firearms/dangerous weapons

Municipal Infraction

$200 1ST
$400 repeat

 

Section 6704
Objects likely to harm

Municipal Infraction

$200 1ST
$400 repeat

 

Section 6705
Damage to, removal of public property

Municipal Infraction

$100 1ST
$200 repeat

 

Section 6706
Amplifying system prohibited w/o license

Municipal Infraction

$100 1ST
$200 repeat

 

Section 6707
Permit require for parades and other public entertainment

Municipal Infraction

$50

 

Section 6708
Obstructing Streets

Misdemeanor

$200 and/or 5 days in jail

 

Section 6709
Noise

Municipal Infraction

$100 first offense
$400 repeat
each hour

Chapter 70
Peddling & Soliciting

Section 7001(a)
Hawkers, peddlers, solicitors

Municipal Infraction

$100

 

Section 7001(b)
Vendors failure to obtain permit

Municipal Infraction

$100

 

Section 7001(c)
Yard sale sign removal, solicitors

Municipal Infraction

$50

Chapter 74
Property

Section 7401
Accumulation of trash and tall yard growth prohibited

Municipal Infraction

Warning 1st
$50 Repeat

 

Section 7403(a)
Storage of inoperable vehicles

Municipal Infraction

$200

 

Section 7404
Residential driveway standards

Municipal Infraction

Warning 1st
$50 Repeat

Chapter 84
Signs

Section 8401
Sign Impound

Misdemeanor

$100 plus
Cost and/or
90 days jail

Chapter 90
Streets

Section 9001 Obstruct street or sidewalk with merchandise, trash, debris, articles

Municipal Infraction

$50 1st
$70 Repeat

Chapter 98
Parking, Traffic and Truck Regulations

Section 9801
Prohibited parking Generally
all subsections
(except 9801(d) and (h))

Misdemeanor (parking)

$40

 

Failure to request trial or pay within 15 calendar days of issuance of citation,
Fine increases to



$60

 

Section 9801(d)

Misdemeanor (parking)

$50

 

Failure to request trial or pay within 15 calendar days of issuance of citation,
Fine increases to



$75

 

Section 9801(h)

Misdemeanor (parking)

$120

 

Failure to request trial or pay within 15 calendar days of issuance of citation,
Fine increases to



$180

Section 9802
Street Parking Regulations

Section 9802

Misdemeanor (parking)

$50

 

Failure to request trial or pay within 15 calendar days of issuance of citation,
Fine increases to



$75

Section 9802.1
Off-street Parking

Section 9802.1

Misdemeanor Infraction

$50

Section 9803
Vehicles Prohibited in Town Parks

Section 9803

Misdemeanor Infraction

$50

Section 9804
Parking Restrictions for Certain Vehicles

Section 9804

Misdemeanor (parking)

$50

 

Failure to request trial or pay within 15 calendar days of issuance of citation,
Fine increases to



$75

Section 9805
Vehicle Repairs

Section 9805

Misdemeanor (parking)

$50

 

Failure to request trial or pay within 15 calendar days of issuance of citation,
Fine increases to



$75

Section 9807
Compliance with traffic signs and signals required

Section 9807

Traffic

$50

 

Failure to request trial or pay within 15 calendar days of issuance of citation,
Fine increases to



$75

Section 9808
Barricades

Section 9808

Traffic

$50

 

Failure to request trial or pay within 15 calendar days of issuance of citation,
Fine increases to



$75

Section 9810
One-way streets

Section 9810

Traffic

$50

 

Failure to request trial or pay within 15 calendar days of issuance of citation,
Fine increases to



$75

Section 9811
Truck restrictions and operational requirements

Section 9811

Misdemeanor (parking)

$250

Section 9818
Abandoned vehicles prohibited

Section 9818

Misdemeanor (parking)

$200

 

B. Unless otherwise specified either above or elsewhere, the fine for a municipal infraction shall be fifty dollars ($50.00) for the first offense and one hundred dollars ($100.00) for each repeat offense and the fine for a misdemeanor shall be one hundred dollars ($100.00) for a first offense and two hundred dollars (s200.00) for each repeat offense.  The fine for all in municipal infractions, whether or not it is indicated above in this Subsection or in Subsection a above shall double pursuant to Article 23a, §3(b)(5) upon the failure of the person charged either to pay the fine by the date set forth in the citation or to deliver to the Town written notice of intent to stand trial.

C. Unless otherwise specified either above or elsewhere, the fine for a parking violation shall be forty dollars ($40.00), and upon the failure to request a trial or pay the fine within (15) fifteen calendar days of the issuance of the citation, the fine increases to sixty dollars ($60.00).

D. Unless otherwise specified either above or elsewhere, the fine for a traffic violation shall be fifty dollars ($50.00), and upon the failure to request a trial or pay the violation within fifteen (15) calendar days of the issuance of the violation notice, the fine increases to seventy five dollars ($75).

(O-04-01)

 


CHAPTER 30

FIRE PROTECTION CODE

Section 3001.               Adoption of Standards by Reference

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Section 3001.               Adoption of Standards by Reference.

The basic fire code for the Town of Landover Hills shall be the Prince George’s County fire Code as it may be amended from time to time. This code shall apply in all cases except as modified in this or other chapters of the Code of Landover Hills.

 


CHAPTER 35

GARBAGE and TRASH; LITTERING

Section 3501                Definitions

Section 3502                Regular Trash collection Service

Section 3503                Establishment of Collection Days

Section 3504                Receptacles - Capacity and construction

Section 3505                Limitations on Refuse Amounts

Section 3506                Access to and Storage of Trash Receptacles

Section 3507                Acceptable and Unacceptable Waste for Collection

Section 3508                Supplemental Collection Services

Section 3509                Recycling

Section 3510                Abatement of Refuse Conditions Existing in Violation of this Chapter

Section 3511                Claims for Loss

Section 3512                Scavenging Prohibited

Section 3513                Construction and Remodeling Waste

Section 3514                Keeping or Storage of Garbage, Trash or Other Offensive Matter Prohibited

Section 3515                Keeping of Garbage and Refuse Generally

Section 3516                Cleanup after Special Events

Section 3517                Burning Restrictions

Section 3518                Regulations of Collecting Vehicles

Section 3519                Violations and Penalties

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Section 3501                Definitions

When used in this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.

A. Bulky Trash - white metals, furniture, automobile tires or parts, tree stumps, stones, sod, dirt, large quantifies of building or remodeling material, wood or metal sheds, bricks, cinder blocks, gravel or tar, and yard waste in excess of what is picked up as part of regular bi-weekly collection service.

B. Construction Trash Receptacle - any trash receptacle that is temporarily placed on property to contain refuse resulting from construction activities; including, but not limited to, roll-up dumpsters.

C. Designated Recyclable Materials - those recyclable materials that are eligible for collection through the Prince George’s county and/or Town of Landover Hills curbside recycling program as amended from time to time.

D. Recyclable Material - items made primarily from metals, glass, paper, mixed paper, plastics, corrugated and other cardboard, newspaper, magazines, telephone books and yard waste.

E. Recycling - the separation, collection and disposition of designated recyclable materials under the direction of the Prince George’s County Director of the Department of Environmental Resources and/or the Mayor and Council of the Town of Landover Hills.

F. Refuse - solid waste. G. Supplemental Collection Services - any refuse collection service beyond the scope of regular residential bi-weekly collection service, including, but not limited to, collection service for the disabled and bulky trash service above one item per residence per week.

H. White Metals - including refrigerators, stoves, washing machines, dryers, water heaters and air conditioners.

I. Yard Waste - organic vegetative waste consisting of grass clippings, plant clippings, leaves and small limbs under five (5) feet long and three (3) inches in diameter in bundles of not more than two (2) feet in diameter.

Section 3502                Regular Trash collection Service

A. The Town shall maintain standard refuse collection and disposal services consisting of two (2) collections per week for each single-family residence.

B. Occupants of multi-family dwellings, owners or managers of boarding houses, commercial businesses, offices and other places where garbage, trash and waste is accumulated shall provide for disposal of such garbage, trash and waste, whether by municipal service or by independent or commercial collection. Such collection shall be by a suitable disposal system, approved by the Mayor and Council of the Town of Landover Hills.

C. Collection of garbage and trash may be made from dwellings outside the corporate limits of the Town subject to restrictions and fees for the cost of such service set by resolution of the Mayor and Town council as passed at a regular meeting.

Section 3503                Establishment of Collection Days

The Mayor and Town Council may adopt regulations from time to time governing specific collection days.

Section 3504                Receptacles: Capacity and Construction

Refuse receptacles shall be standard metal or heavy duty plastic, watertight and equipped with handles and tight fitting covers. When filled, no container shall weigh in excess of 60 pounds.

Section 3505                Limitations on Refuse Amounts

There is no limit to the number of regulation trash containers that may be used, but no more than 200 pounds of trash will be collected from any dwelling unit on a regular bi-weekly collection day, as part of regular trash collection services or disabled trash collection services.

Section 3506                Access to and Storage of Trash Receptacles

A. Refuse receptacles and other materials placed for pick-up shall not be placed at the pick-up location prior to 6:00 p.m. on the day preceding collection day.

B. Refuse receptacles shall be moved to their storage areas, and out of public view, by 10:00 a.m. of the day following the Town’s regularly scheduled collection.

Section 3507                Acceptable and Unacceptable Waste for Collection

A. Materials which will be acceptable as part of regular bi-weekly trash collection services and services for the disabled include food waste and miscellaneous waste. In addition, one day per week, as designated by the Town from time to time, the following refuse will be collected:

1. Yard waste limited to grass clippings, leaves and tree limbs less than five (5) feet in length and three (3) inches in diameter tied by string or cord into one (1) bundle not more than two (2) feet in diameter; and

2. One (1) bulky trash item per household. Refrigerator and freezer doors must be removed or permanently sealed prior to placing refrigerators and freezers for pick-up.

B. The following materials will not be collected during regular bi-weekly collection services: designated recyclable materials, tree stumps, yard waste (except as described in subsection “A” hereof) stones, sod dirt, large quantities of building or remodeling material in excess of three (3) bundles and four (4) feet in length, regular trash containers or bundles of building materials weighing more than sixty (60) pounds each, wood or metal sheds, automobile parts and tires, white metals human or animal feces, bricks, cinder blocks, gravel or tar.

C. The following materials will not be collected by the Town and shall be disposed of in accordance with guidelines established by the Prince George’s county Health Department: poisons, acids, caustics, explosives, points and other dangerous or hazardous materials.

Section 3508                Supplemental Collection Services

A. Fees - as set forth in Chapter 28 of this code, fees will be established, from time to time, for the provision of supplemental collection services. Fees will be established for the following non-inclusive list of services: bulky trash service in excess of one furniture or wood item per household per week, disabled trash services.

B. Bulky Trash Service - on one of the two regularly scheduled collection days per week, as designated by the Town from time to time, the Town will provide a bulky trash pick-up service. Regulations and procedures regarding bulky trash service shall be established by resolution of the Town. Any resident who wishes to dispose of more than one bulky item, more than three (3) bundles of tree branches or any other non-acceptable collection item other than recyclable must schedule a special pickup with the Department of Public Works and pay the fee prescribed in Chapter 28 of the Code of the Town of Landover Hills, Maryland.

C. Trash Service for the permanently disabled.

1. Upon a showing of qualification, the Town shall provide trash pick-up service to permanently physically disabled residents. The responsibility for qualifying for this service shall rest with the resident.

2. For purposes of this section, “Trash Pick-up”, shall mean collections from a clearly identifiable area by the house, in front of , beside of, in a carport, on a driveway, at the curb or immediately adjacent to the roadway if no curb exists, but not behind the home or at the rear of the property and no more than 80 feet from a public right-of-way.

3. Permanent physical disability shall refer to disabilities anticipated to last no less than one year from the time of application.

4. The following criteria must be met before disabled trash pick-up service will be provided.

(I) A completed application for, provided by the Town, must be submitted.

(II) The application shall certify that all members of the household are physically unable to carry trash to the curb.

(III) A doctor’s certificate must be included indicating the infirmity which prevents each member of the household from carrying trash to the curb.

(IV) A home inspection must be completed by a Code Enforcement Officer or Police Officer of the Town to verify the application.

(V) The inspection shall include verification of the number and identification of persons living in the home and shall also verify the presence of modifications and appliances/apparatus which support the doctor’s certificate.

5. Age alone shall not be considered sufficient reason for disabled trash pick-up service.

6. Applications for disabled trash pick-up service must be resubmitted and re-certified annually between May 1st and May 15th.

7. An annual fee, as established in Chapter 28 of this Code, will be charged for trash service for the disabled. The fee shall be paid at the time an application for such service is approved. The Town Manager may prorate the annual fee on a monthly basis for newly approved applications that are approved outside of the annual re-certification process.

8. Trash pick-up service for the disabled shall only apply to refuse which is collected by the Town as part of its regular bi-weekly services. All regulations referring to the disposal of these materials apply. Trash pick­up services for the disabled shall not apply to designated recyclable materials. Those residents eligible for trash pick-up hereunder are not exempt from being fully responsible for recycling.

9. The Council shall reserve the right to cancel the service throughout the Town if it is deemed inefficient or impractical at any time. In addition, the Town reserves the right to cancel the service for various reasons, including but not limited to, the presence of dogs that my injure an employee, verified evidence that the physical disability of one or more members of the household no longer exists, or if members of the household do not provide a clean and clear path to the disposable refuse.

Section 3509                Recycling

Unless a showing of extreme hardship can be established, participation in the Prince George’s County curbside recycling program is mandatory for all residential households within the Town of Landover Hills. Any resident who wishes to make special arrangements regarding recyclable items shall make those arrangements with the Prince George’s County Department of Environmental Resources, Recycling Division.

Section 3510                Abatement of Refuse Conditions Existing in Violation of this Chapter

A. Notice - When refuse conditions exist which are violations of this Chapter, the Town will provide written notice to the property owner that such conditions must be abated.

B. Service -The notice may be served on the property owner by personal service or certified mail. In all cases the property will also be posed with a copy of the notice. Where the Town has made reasonable efforts to serve the property owner in writing, but has been unsuccessful in establishing or verifying service, the posting of The property shall be deemed sufficient notice for the Town to proceed under this section.

C. Time - The refuse condition that is a violation of this chapter and which is subject of the notice shall be abated by the property owner within 3 days of receipt of the notice.

D. Abatement and Fees - If the refuse condition is not abated in accordance with subsection “C” hereof, the Town may abate the condition and assess fees to the property owner, for the costs incurred to the Town, as set forth in Chapter 28 of this Code.

Section 3511                Claims for Loss

If any resident of the Town shall have a claim for loss of personal property resulting from trash collection services provided by the Town, the claim must be submitted in writing to the Town. Whenever possible, written proof of ownership and cost of the item should also be submitted. The Town shall endeavor to respond to such claims within 30 days of their submittal or by the 15’ of the month following such submittal. The Town Council may at its option review all such claims. In the event the Town decides to settle such claims, it reserves the right to remit the estimated value of the loss at the time the loss occurred and not the replacement value. The Town will not be liable for any claim for loss that resulted because personal property was placed within four (4) feet of the curb. The Town will not be liable for losses resulting from disposal of receptacles that do not meet Town receptacle standards.

Section 3512                Scavenging„ Prohibited

It shall be unlawful for any person not authorized by the Town Manager to remove or cause to be removed, any materials separated for the purpose of recycling and set at curbside or other pick-up locations for collections by authorized personnel.

Section 3513                Construction and Remodeling Waste

There is hereby established a Town permit requirement for the placement of construction trash receptacles. Applications for a permit for a construction trash receptacle shall be made to the Town Manager from a form supplied by the Town. Construction trash receptacles may not be placed within public rights of way, including sidewalks. Regulations and procedures, as deemed necessary for the enforcement of this section, may be established form time to time by resolution of the Town. Fees for a permit for a construction trash receptacle are set forth in Chapter 28 of the Code.

Section 3514                Keeping or Storage of Garbage, Trash or Other Offensive Matter Prohibited.

No person shall place, keep or collect, or cause permit to be placed, kept or collected, any refuse, garbage, tires, auto parts, household appliances, offal, dead animals, decaying vegetable matter, organic wastes, slop, stagnant water, noxious liquids or any other offensive matter, liquid or solid, which is likely after exposure to become a nuisance or breeding place for germs, insects or rodents, or which does or may give off a stench or which may in any way be a nuisance to the public health and safety.

Section 3515                Keeping of Garbage and Refuse Generally

A. It shall be unlawful for any person to throw, cast, scatter, drop, deposit or leave in and upon any street, avenue, alley, highway, public place, vacant lot or space within the Town any garbage, litter, dead animal, vegetable or animal matter, trash rubbish, paper, refuse, waste matter or any substance, liquid or solid matter injurious to the public health and safety.

B. It shall be unlawful for any person or person, homeowner or homeowners, tenant or tenants, to cause or allow to flow any dirt, earth and/or silt upon any of the sidewalks, streets, alleys or other public space, and it shall be similarly unlawful for any person to permit or allow any mud, dirt, garbage, bottles, trash of any kind of debris whatsoever to be thrown from, to be dropped from or in any matter to fall from any vehicle onto or upon the streets, alleys or other public space without immediately removing the aforesaid mud, dirt, garbage, bottles, trash or debris from said area of the Town.

C. Except as otherwise provided in this Chapter, it shall be unlawful to accumulate or store in open view to the public any refuse, brush, trash, building materials, waste materials from building or remodeling operations, automobile parts or tires, or any debris or recyclable materials or household trash.

Section 3516                Cleanup after Special Events

It shall be unlawful for any owner or owners of any lot, lots or squares of ground in the Town or their agents, who shall let such lot, lots or squares of ground for any circus, carnival or other exhibition, to fail, within forty-eight (48) hours after the carnival, circus or exhibition shall have left, to clear and remove from any such lot, lots or squares of ground all wastepaper, sawdust, shavings, vegetable matter or deposits of any kind or thing injurious to the public health and safety.

Section 3517                Burning Restrictions

It shall be unlawful for any person to set fire or cause to be burned within the limits of the Town any garbage, filth, rags, rubber or other substance which emit strong, offensive odors.

Section 3518                Regulation of Collecting Vehicles

A. No collector, driver or person having charge or control of any vehicle for carrying garbage shall allow such vehicle needlessly to remain before or near any dwelling, building or place of business within the Town, or allow any such vehicle or anything appertaining thereto to be in a condition needlessly filthy or offensive, and no driver of any such vehicle shall occupy an unreasonable length of time in loading or unloading the same. When not in use for collecting garbage, the lid or cover of such vehicle shall be securely closed.

B. Every person transporting garbage over the streets of the Town shall provide covered containers which shall be kept closed while the garbage is in transit.

Section 3519                Violations and Penalties

A. Residents who commingle designated recyclable materials with regular trash, place furniture or other bulky trash items or yard waste at curbside or in plain view of the public prior to 6:00 P.M. of the day preceding the designated collection day, shall be subject to fines and penalties as designated in Chapter 28 of this Code.

B. Any person who shall violate any provision of this Chapter or fail to comply with its requirements shall be guilty of a municipal infraction, and upon conviction, be subject to fines as set forth in Chapter 28 of this Code.

 


CHAPTER 41

HOUSING CODE

Section 41-1.               Adoption

Section 41-2.               Definitions

Section 41-3.               Standards.

Section 41-4.               Licensing and Inspections of Rental Dwellings.

Section 41-5.               Housing Enforcement Review Board

Section 41-6.               Adoption of Rules and Regulations.

Section 41-7.               Inspection of other dwellings.

Section 41-8.               Unfit Dwellings.

Section 41-9.               Emergencies.

Section 41-10.             Violations.

Section 41-11.             Validity.

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Section 41-1.               Adopted.

There is adopted by the Town for the purpose of establishing rules and regulations to protect the public health, safety, and welfare in residential structures and premises a Housing Code.

A Housing Code shall establish minimum property maintenance standards for equipment and facilities used for light, ventilation, heating and sanitation for residential structures and premises and for safe and sanitary maintenance of residential structures and premises. It shall also establish minimum requirements for residential structures and premises for means of egress, fire protection systems and other equipment and devices necessary for safety from fire.

Section 41-2.               Definitions.

For the purpose of this Chapter the following words and phrases shall have the meaning respectively ascribed to them by this Section.

1. “Accessory structure.” A building, the use of which is incidental to that of the main building or residence and which is located on the same lot of ground.

2. “Basement.” That portion of a structure which is partly or completely below grade.

3. “Building Code.” The Building Officials and Code Administrators International, Incorporated, Basic Building Code, latest edition and current cumulative supplement officially adopt by Prince George’s County and the Town for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures (“BOCA”).

4. “Code Enforcement Officer.” A Town employee, including but not limited to a Landover Hills Police Officer, working under the direct supervision of the Town of Landover Hills Police Department to enforce the Town Code.

5. “Condemn.” To declare a structure or part of it, premises or equipment unsafe or unfit for use or occupation.

6. “Emergency.” The existence of circumstances constituting an immediate danger to the public health or safety and requiring prompt enforcement or remedial action under this Code.

7. “Extermination.” The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poison spraying, fumigating, trapping, or by any other pest elimination methods.

8. “Garbage.” The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

9. “Habitable area.” The space in a structure used for living, sleeping, eating, or cooking including bathrooms and toilet compartments. Closets, halls, storage or utility space and similar areas are not considered habitable areas.

10. “Housing Unit.” A single unit of a structure providing or intended to provide complete living and sleeping facilities for one or more persons.

11. “Infestation.” The presence within or contiguous to a structure or premises of insects, rodents, vermin or other pest.

12. “Lavatory.” A room with a toilet and a sink. 13. “Maintenance.” The repair and other acts intended to prevent a decline in the condition of a structure, premises or equipment below the standards established by this Code and the applicable statues, codes and ordinances.

14. “Occupant.” A person living, sleeping, cooking or eating in or having possession of a space within a housing unit.

15. “Open able area.” That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

16. “Owner.” A person having a legal or equitable interest in the premises, including a mortgagee or vendor in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building; or their duly authorized agents.

17. “Person.” An individual, partnership, limited partnership, trust, estate, association or corporation.

18. “Plumbing.” The practice, materials, facilities and fixtures used in the installation, maintenance, extension or alteration of all piping, fixtures, appliances and appurtenances within the scope of the applicable plumbing code. It includes all of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents and any other similar supplied fixtures together with all connections to water, sewer or gas lines.

19. “Plumbing fixture.” A receptacle or device which is either permanently or temporarily connected to the water distribution systems of the premises, and demands a supply of water from it; discharges used water, liquid borne waste materials or sewage either directly or indirectly to the drainage system of the premises; or requires both a water supply connection and a discharge to the drainage system of the premises.

20. “Premises.” A lot, plot or parcel of land including the building or structures thereon.

21. “Rubbish.” Paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust and other similar materials as well as the residue from the burning of wood, coal, coke, and other combustible materials.

22. “Structure.” A residential structure used for human habitation.

23. “Tenant.” An occupant other than a property owner.

24. “Ventilation.” The process of supplying and removing air by natural or mechanical means to or from any space.

a. “Mechanical.” Ventilation by power-driven devices.

b. “Natural.” Ventilation by opening to outer air through windows, skylights, door, louvers, or stacks without wind driven devices.

25. “Workmanlike.” Whenever the words “workmanlike state of maintenance and repair” are used in this Code, they shall mean that such maintenance and repair shall be made in a reasonably skillful manner. 26. “Yard.” An open unoccupied space on the same lot with a building extending along the entire length of a street, or rear, or the interior lot line.

Section 41-3.               Standards.

(A) Scope. The Housing Code shall apply to residential structures used for human habitation.

(B) Exterior Property Areas. No person shall occupy as owner-occupant, or rent, lease or otherwise let to another for occupancy, any dwelling, or portion thereof, which does not comply with the following requirements:

1. Landscaping of premises. The landscaping of premises shall be maintained in an orderly state with lawns and bushes trimmed and free from becoming overgrown, littered or unsightly where such would constitute a nuisance or have a blighting effect on nearby property.

2. Sanitation. All exterior property areas shall be maintained in a clean and sanitary condition, free from any accumulation of rubbish or garbage.

3. Drainage. All premises shall be maintained so as to prevent the accumulation of stagnant water thereon or within any building or structure located thereon.

4. Noxious plant growth. All exterior property areas shall be kept free from species of weeds or plant growth which are noxious or detrimental to the public health.

5. Insect and rodent harborage. All exterior property areas shall be kept free from rodent infestation, and where rodents are found, they shall be promptly exterminated by acceptable processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re-infestation.

6. Open storage. Exterior property areas shall not be utilized for any period of time for the open storage of building rubbish or refuse.

7. Accessory structures. All accessory structures on dwelling premises, such as but not limited to, fences, attached and detached garages, storage sheds or buildings, shall be maintained structurally safe and sound and in good repair.

8. Appurtenant structures. All appurtenances or appurtenant structures shall be maintained in safe, weather resistant and structurally sound condition and shall be free of unsafe obstructions or hazardous conditions.

(C)  Exterior Structures. No person shall occupy as owner occupant, or rent, lease or otherwise let to another for occupancy any dwelling, or portion thereof, which does not comply with the following requirements.

1. General. The exterior of a structure shall be maintained in good repair, and shall be structurally sound and maintained in a sanitary condition so as not to pose a threat to the health, safety or welfare of the occupants.

2. Structural members. Supporting structural members of a structure shall be kept structurally sound, free of deterioration, and maintained so as to be capable of safely hearing the dead and live loads imposed upon them.

3. Exterior surfaces. Each foundation exterior wall, roof and all other exterior surfaces shall be maintained in good repair and shall be kept in such condition as to exclude rodents and other pests.

4. Foundation walls. Foundation walls shall be structurally sound and shall be maintained free from open cracks and breaks.

5. Exterior walls. Each exterior wall shall be free of holes, breaks, loose or rotting boards or timbers and any other conditions which might admit rain or dampness to the interior portions of the walls or to the occupied areas of the structure. All exterior surface materials, including wood, composition, or metal siding, shall be maintained weatherproof and shall be properly surface-coated when required to prevent deterioration.

6. Roofs and Drainage. The roof shall be structurally sound and may not have defects which might admit rain. Roof drainage shall be adequate to prevent rainwater from causing dampness or deterioration in the walls or interior portion of the structure.

7. Decorative features. All cornices, entablature, belt courses, corbels, terracotta trim, wall facings, and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

8. Signs and awnings. All canopies, signs, metal awnings, stairways, fire escapes, stand pipes, exhaust ducts, and similar overhang extensions shall be maintained in good repair, be properly anchored and kept in a safe and sound condition. They shall be protected from the elements and against decay and rust by the periodic application of a weather-coating material such as paint or other protective treatment.

9. Chimneys. All chimneys, cooling towers, smoke stacks and similar appurtenances shall be maintained structurally sound, safe, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather materials such as paint or similar surface treatment.

10. Stairs and porches. Each exterior stair, porch, fire escape, balcony and all appurtenances attached to them shall be safe to use and capable of supporting the anticipated loads shall be maintained in a safe and sound condition and good repair.

11. Windows, doors and frames. Each window, door and frame shall be maintained so as to exclude rain and rodents as completely as possible and to substantially exclude wind from entering the structure.

12. Weather tight. Each window and exterior door shall be fitted reasonably in its frame and be weather tight. Each window shall be free of cracks and holes.

13. Operable windows. Each window used for ventilation or for emergency escape shall be capable of being easily opened from the inside and shall be held in position by window hardware.

14. Insect screens. During the period from April 1 to October 31, every door and window or other outside opening used for ventilation purposes shall be supplied with tight fitting insect screens. Upon the prior approval of the Code Enforcement Officer, screens may not be required for screening impractical, such as openings equipment with air conditioning units or openings above the fourth floor.

15. Door hardware. Each exterior door and its hardware shall be maintained in good condition. Door locks on all interior and exterior doors entering housing units shall be in good repair and capable of tightly securing the door.

16. Gutters and down spouts. All gutters and down spouts shall be properly connected and be maintained in good condition, free of holes and obstructions. Water shall be conveyed off premises in an acceptable manner.

(D) Interior Structure. No person shall occupy as owner-occupant, or rent, lease or otherwise let to another for occupancy, any dwelling or portion thereof, which does not comply with the following requirements.

1. General. The interior of a structure and its equipment facilities shall be maintained in good repair, structurally sound and in a sanitary condition so as not to pose a threat to the health, safety or welfare of the occupants.

2. Structural members. The supporting structural members of a structure shall be maintained structurally sound, free of deterioration and maintained capable of safely carrying the imposed loads.

3. Interior surfaces. Floors, walls (including windows and doors), ceilings and other interior surfaces shall be maintained in good repair and in a clean, safe and sanitary conditions, free of holes, cracks, loose plaster or wallpaper, flaking or scaling paint, and shall be substantially insect and rodent proof.

4. Bathroom and Kitchen floors. Each toilet, bathroom and kitchen floor surface shall be maintained so as to be substantially impervious to water to permit the floor to be easily kept in a clean and sanitary condition.

5. Sanitation. The interior structure shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage. Rubbish or garbage shall be properly kept inside temporary storage facilities. Garbage or rubbish may not be allowed to accumulate or be stored in public halls or stairways.

6. Insect and rodent harborage. A structure shall be kept free from infestation, and where infestation is found, the area shall be promptly exterminated by processes which are not injurious to human health. Continuing or repeated incidents of infestation, as determined by the Code Enforcement Officer, shall require the installation of rodent and vermin-proof walls in accordance with the Building code.

7. Exit doors. Each door available as an exit shall be capable of being opened easily from the inside.

8. Exit facilities. All interior stairs and railings and other exit facilities of a structure shall be maintained in sound condition and good repair. Each interior stair used for exit shall be maintained so as to be safe to use and capable of supporting the anticipated loads.

(E) Basic Facilities. No person shall occupy as owner-occupant, or rent, lease or otherwise let to another for occupancy, any dwelling or portion thereof, which does not contain the following basic facilities.

1. Light. All areas in a structure shall be provided sufficient light so as not to endanger health and safety. All areas in a structure shall be provided with natural light or equipment to accommodate artificial light of sufficient intensity and distributed so as to permit the maintenance of sanitary conditions and the safe use of the area and the appliances, equipment and fixtures. Each public hall, interior stairway, lavatory, bathroom, laundry room and furnace room shall contain at least one electric lighting fixture.

2. Ventilation. All areas in a structure shall be provided sufficient ventilation so as not to endanger health and safety. Every habitable room shall have at least one window facing directly to the outdoors or to a court. When mechanical ventilation is provided the mechanical ventilating system shall be maintained inspiration during the occupancy of the structure or portion of it.

3. Plumbing facilities. Each housing unit shall include its own plumbing facilities which shall be mainlined in proper operating condition, can be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. The following minimum plumbing facilities shall be supplied, and shall be constructed and maintained so as to properly and safely perform their intended function in accordance with the provisions of the Building Code:

a. Lavatory. Each housing unit shall contain within its walls a room separate from other habitable areas which provides a lavatory supplied with hot and cold running water and which affords privacy.

b. Bathtub or shower. Each housing unit shall contain a room which is equipped with a bathtub or shower supplied with hot and cold running water and which affords privacy.

c. Kitchen sink. Each housing unit shall contain a kitchen sink apart from the lavatory which is supplied with hot and cold running water.

4. Cooking facilities. Every housing unit shall contain cooking and baking facilities for the purpose of preparing food, and such facilities shall be properly installed and operated and kept in a clean and sanitary condition.

5. Refrigeration for food preservation. Every housing unit shall contain a refrigeration unit adequate for the temporary preservation of perishable foods. Such refrigeration unit shall be capable of maintaining an average temperature of below 45 degrees Fahrenheit, shall be properly installed and operated and kept in a clean and sanitary condition.

6. Water and sewer system. Every kitchen sink, lavatory basin, and bathtub or shower required under the provisions of this Code, shall be properly connected to either a public water and sewer system or to a private water and sewer system.

7. Water heating facilities. Every housing unit shall be supplied with water heating facilities which are installed in an approved manner, properly maintained, and properly connected with hot water lines to the fixtures required to be supplied with hot water elsewhere in this Code. Water heating facilities shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower and laundry facility or other similar units at a temperature of not less than 130 degrees Fahrenheit at any time needed.

8. Heating facilities. Every housing unit shall have heating facilities and the owner of the heating facilities shall be required to see that they are properly installed, safely maintained and in good working condition, and that they are capable of safely and adequately heating all habitable rooms, bathrooms and toilet rooms located therein, to a temperature of at least an average of 68 degrees Fahrenheit with an outside temperature of 10 degrees below zero. The owner shall maintain a minimum average room temperature of 68 degrees Fahrenheit in all habitable rooms including bathrooms and toilet rooms when rented, at all times on the basis of ten degrees below zero outside.

Every heating or water heating facility shall be installed and shall operate in accordance with the requirements of the building code or air pollution control laws.

9. Storage and removal of rubbish and garbage. Every housing unit shall be supplied with containers and covers for the temporary storage of rubbish and garbage. There shall also be a method for the removal of said rubbish and garbage from the premises.

10. Electrical outlets and fixtures. Every required room heating, water heating and cooking device shall be properly installed, connected and maintained, and shall be capable of performing the function for which it was designed in accordance with the provisions of the building code. The electrical system shall be maintained in such a manner that it will not constitute a hazard to the occupants of the building by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons. Each habitable area in a housing unit shall contain at least one receptacle outlet. Each laundry area and bathroom shall contain at least one ground type receptacle. Each kitchen shall have at least two receptacles.

(F) Installation and Maintenance. No person shall occupy as owner-occupant, or rent, lease or otherwise let to another for occupancy, any dwelling, or portion thereof which does not comply with the following requirements.

1. Facilities and equipment. All required facilities and equipment shall be constructed and maintained so as to properly and safely perform their intended function in accordance with the provisions of the Building Code.

2. Maintained clean and sanitary. All facilities shall be maintained in a clean and sanitary condition so as not to breed insects and rodents or produce dangerous or offensive gases or odors.

3. Plumbing fixtures. Water lines, plumbing fixtures, vents and drains shall be properly installed, connected and maintained in working order and shall be kept free from obstructions, leaks and defects and capable of performing the function for which they are designed. All repairs and installations shall be made in accordance with the provisions of the Building Code or Plumbing Code.

4. Plumbing systems. Every plumbing stack, waste and sewer line shall be so installed maintained as to function properly and shall be kept free from obstructions, leaks and defects to prevent structural deterioration or health hazards. All repairs and installations shall be made in accordance with the provisions of the Building Code or Plumbing Code.

5. Heating Equipment. Every required room heating, water heating, and cooking device shall be properly installed, connected, and maintained, and shall be capable of performing the function for which it was designed in accordance with the provisions of the Building Code.

6. Electrical outlets and fixtures. Every electrical outlet and fixture required by this Code shall be installed, maintained and connected to the source of electric power in accordance with the provisions of the Building Code or Electrical Code.

7. Electrical System. The electrical system shall be maintained in such a manner that it will not constitute a hazard to the occupants of the building by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons.

(G) Fire Safety. A person shall not occupy as owner-occupant, or shall rent, lease or otherwise let to another for occupancy, any dwelling or portion thereof which does not comply with the applicable provisions of the fire prevention sections of the Building Code, the Code for Life Safety and the following additional requirements for safety from fire.

1. Storage of flammable liquids prohibited. The dispensing or storage of flammable liquids with a flash point of 110 degrees Fahrenheit or lower shall not be permitted within a dwelling.

2. Cooking and heating equipment. All cooking and heating equipment, components, and accessories in every heating, cooking and water heating device shall be maintained free from leaks and obstruction, and kept functioning properly so as to be free from fire, health, and accident hazards. All installations and repairs shall be made in accordance with the provisions of the Building Code.

3. Kerosene heaters and wood stoves. Only recognized and approved units may be used and then only if installed as per manufacturer’s and testing laboratory’s specifications. Open flame devices may not be used for cooking or heating unless specifically intended for and approved for such use.

4. All dwellings shall be equipped with smoke detectors of a type, make, and model approved by Prince George’s county Fire Protection Codes and mounted in locations as set forth in the aforementioned Fire Protection Codes.

5. All rental properties licensed by the Town of Landover Hills shall have a fire extinguisher in each unit or located in a place accessible to all multi-family units; a card posted beside all central fire alarm switches which gives simple directions on the use of the central fire alarm switch as well as the street name and address of the building in which the central fire alarm switch is located and a peephole with 140 degree visibility from inside multi-family unit.

6. Entrance doors to each unit secured by a dead-bolt lock shall be easily opened from within, without the use of a key.

Section 41-4                Licensing and Inspection of rental dwellings.

(A) Rental License. It shall be unlawful for any person to rent, lease, or otherwise let any single-family dwelling, multi-family rental dwelling or rooming house within the Town without having first obtained a license or temporary certificate to do so as hereinafter provided.

(B) License Application. Within sixty (60) days after the enactment of this Section, the legal owner of record shall make written application to the Town for a rental unit license upon such form or forms as the Town shall from time to time designate. Such application shall be submitted together with a non-refundable rental license application fee which shall be applied towards the rental license fee if a rental license is issued. The amount of the application fee shall be fifty percent (50%) of the rental license fee. The amount of the rental license is set forth in Chapter 28 of the Code of the Town of Landover Hills. The rental license shall be paid upon issuance of a rental license.

(C) Temporary Certificates. Upon receipt of a completed application for a license, the Town Manager shall issue a non-transferable “Temporary Certificate” indicating that a license has been duly applied for, and that a non-transferable license be issued or denied after the building, including interior portions thereof, has been inspected for compliance with applicable provisions of this Housing Code and the Building Code.

(D) Inspections. The Code Enforcement Officer is hereby authorized and directed to make inspections to determine the condition of dwellings within the Town. All rental properties shall be subject to periodic inspection to determine if they are in conformance with this Code. Permission for such inspections, without the necessity for obtaining any further permission or judicial warrant, is a condition of any license or temporary certificate. Failure to allow entry for such inspection or to require any tenant to allow entry for such inspection shall constitute sufficient reason for the denial or revocation of the rental license or temporary certificate. Whenever the Code Enforcement Officer determines that there are violations of any provision of this Chapter or any rule or regulation adopted pursuant thereto, he shall issue a notice of violation and reinspect the premises to confirm that the violations have been corrected. If the violations have not been corrected, there is hereby imposed an additional charge for each succeeding reinspection, until compliance has been obtained. Said fee is set forth in Chapter 28 of the Code of the Town of Landover Hills. No charge shall be made hereunder for a reinspection unless written notice of such reinspection has been sent to the owner of record at least ten (10) days in advance.

(E) Revocation or Denial of License; Injunction. A license may be revoked or denied by the Town Manager if the owner fails to eliminate violations of the Housing Code or Building Code upon notice from the Town as provided for in Chapter 28 of the Code of the Town of Landover Hills. Revocation or denial of a license shall be in addition to, and not in substitution for, such other penalties as may be provided for said violations elsewhere in this Code.

(F) License Renewal. Licenses and temporary certificates issued hereunder shall expire one (1) year from the date of issuance and shall be renewable annually at the fees specified elsewhere in this Code. Application for renewals shall be made at least sixty (60) days prior to the expiration date. The license or certificate renewal fee shall be subject to a ten percent. (10%) penalty per month, or any portion thereof, beyond the date due and payable.

(G) Display of Licenses. Licenses and temporary certificates issued under this Section shall be produced on the demand of a tenant or prospective tenant and shall be available at reasonable times for examination by an authorized agent of the Town.

(H) Penalty. Failure to obtain a rental license after receiving notification to obtain such license is a municipal infraction carrying a fine as set forth in Chapter 28 of the Code of the Town of Landover Hills. Failure of property owners who are license by the Town for one or more rental properties to obtain a license for a subsequent rental property is a musical infraction carrying a fine as set forth in Chapter 28 of the Code.

Section 41-5                Housing Enforcement Review Board

(A) There is hereby created and established the Town of Landover Hills Housing Enforcement Review Board, herein sometimes referred to as the “Board”, which shall consist of seven (7) members, all of whom shall reside in and be qualified voters of the Town of Landover Hills, Maryland, and shall hold no office or position in the Town government with pay or compensation. The purpose of the Board is to hear appeals from notices of violations issued pursuant to this Chapter. The members shall be appointed by the Mayor and Town Council and of those first appointed two (2) shall be appointed to serve for one year, three (3) for two years and two (2) for three years. Thereafter, members shall be filled by the Mayor and Town Council for the unexpired portion of a term.

(B) The Board shall elect its Chairperson from its membership. All members of the Board shall be entitled to vote, and its decisions shall be determined by a majority vote of the members present. A quorum must be present before the Board may take any official action. All hearings of the Board shall be open to the public, and a full and impartial hearing shall be granted on all appeals. The Board shall meet at least once in every three-month quarter of the calendar year, except that the Chairperson or a majority of the members of the Board may call a meeting at his/her or their discretion, and provided that the Board shall notify the appellant thirty (30) days from the receipt of the appeal of the date on which the appeal will be scheduled for a hearing by the Board. Insofar as reasonably possible, all hearings shall be informal and free from technical rules of law and evidence. When voting on any question, the determination may be made by ballot, but no proxy shall be allowed at any time. The Board shall keep minutes of its proceedings, and all findings, decisions and orders shall be reduced to writing and entered as a matter of public record in the office of the Town Manager. In matters concerning the procedure for meetings not covered by this Chapter, the Board may establish its own rules, provided that they are not contrary to the spirit of this Chapter.

(C) Any person affected by any notice of violation or order which has been issued in connection with the enforcement of any provision of this Chapter may request and shall be granted a hearing on the matter by the Board, provided that such person shall, within ten (10) days after service of a notice or order, file in the office of the Town Manager a signed written notice of appeal requesting a hearing and setting forth a brief statement of the reasons therefore. Upon receipt of such notice of appeal, the Town Manger shall forthwith notify the Board, and the Board shall set a time and place for such hearing and shall give the person appealing and the Code Enforcement Officer involved notice thereof. The Board shall determine such appeals as promptly as practicable.

(D) Decision of Board.

(1) After such hearing the Board may affirm, amend, modify or withdraw the notice appealed from. The decision of the Board shall constitute an order, and any person who shall fail, refuse or neglect to comply with any such order shall be guilty of violating the provisions of this Chapter.

(2) The Housing Enforcement Review Board can grant a waiver from the strict enforcement of the Housing Code if it finds that the health, safety and general welfare of the occupant or of the community are not impaired or endangered.

(E) The decision of the Board shall in all cases be final, except that any appellant or party directly aggrieved by a decision of the Board may provided that he/she does so within thirty (30) days after the rendering of such decision, appeal to a court of record of competent jurisdiction for a further review shall be limited solely to errors of law and questions or constitutionality. The decision of the Board in any case on appeal shall be stayed pending a decision of the Court.

(F) Members of the Board shall disclose to the Board and the Mayor and Town council any conflict of interest, and shall refrain from voting or taking action on any matter concerning which that member has a potential conflict of interest, such a shaving an interest in a piece of property, whether as owner, contract purchaser or prospective purchase, tenant, agent, broker, mortgagee or mortgagor, and voting or participating in the discussion or taking action in the regulation of that property that might affect that member’s interest in a financial way.

Section 41-6                Adoption of Rules and Regulations.

The Mayor and Council is hereby authorized to make and to adopt such written rules and regulations as may be necessary for the proper enforcement of the provisions of this Chapter, provided that such rules and regulations shall not be in conflict with the provisions of this Chapter. Such rules and regulations shall have the same force and effect as the provisions of this Chapter and the penalty for violation of the provisions of this Chapter, as herein provided.

Section 41-7                Inspection of Other Dwellings.

(A) Inspections. The Town Manager or his duly authorized representative is hereby authorized to inspect all dwellings, dwelling units, rooming units and premises to determine if they are in violation of the provisions of the Housing code and/or Building Code.

(B) Entry. If any owner, occupant, or other person in charge of a structure subject to the provisions of this Code prevents entry and free access to any part of the structure of the premises, the Town Manager or his designee, upon the bases of an exterior inspection from the property line, shall make a determination as to whether there is reason to believe that a serious clear and present danger to the health and safety of the occupants or community exists.

1. Serious violation. If such a clear and present danger exists, the Town Manager may initiate any appropriate action or proceedings and seek any appropriate order necessary to enforce the right of entry.

2. Less serious violations. In the absence of such a clear and present danger, the Town Manager is authorized to conduct an exterior inspection from the property . line. The owner shall be notified of exterior violations and shall be prosecuted in the manner provided elsewhere in this Code.

Section 41-8.               Unfit Dwellings.

(A) Dangerous Structures. Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the Town Manager or his designee.

1. One which is damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public.

2. One which lacks illumination, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or of the public.

3. One which because of its general condition or location is unsanitary, or otherwise dangerous to the health or safety of the occupants or of the public.

(B) Posting of Placard. Any building or structure declared as unfit for human habitation shall be posted with a placard reading “UNFIT FOR HUMAN HABITATION” at each entrance by the Town Manager or his designee. It shall be unlawful for any person to enter such building or structure (after the date set forth in the placard to vacate) except for the reason of making the required repairs or of demolishing the same.

The placard shall include the following:

1. Name of the Town;

2. The chapter and section of the Code under which it is issued;

3. An order that the dwelling or multi-family dwelling shall be vacated by a stated date, and must remain vacant until the order to vacate is withdrawn;

4. The date that the placard is posted;

5. A statement of the penalty for defacing or removal of the placard; and

6. A statement saying “this building is unfit for human habitation and its use or occupancy has been prohibited by the Town of Landover Hills’ and the placard shall bear the signature of the Town Manager.

(C) Removal of Placard or Notice. No person shall deface or remove the placard from any dwelling or multi-family dwelling which has been declared or placarded as unfit for human habitation except by authority in writing from the Town Manger or his designee.

(D) Vacating of Declared Buildings. Any dwelling or dwelling unit declared as unfit for human habitation and designated and posted shall be vacated within a reasonable amount of time, as ordered by the Town Manager, and it shall be unlawful for any owner or operator to let any person inhabit said dwelling or dwelling unit which has been declared and posted by the Town Manager as unfit for human habitation after the date set forth in the placard. Anyone who violates this Section shall be subject to a fine as is set forth in chapter 28 of the Code of the Town of Landover Hills.

The Town Manger shall remove such placard whenever the defect or defects upon which the declaration and placarding action were based have been eliminated.

(E) Notice to Owner. Whenever the Town Manager has declared a dwelling or multi-family dwelling as unfit for human habitation, he shall give written notice to the owner.

Such notice to the owner shall:

1. Be in writing;

2. Include a description of the real estate sufficient for identification;

3. Include a statement of the reason or reasons why it is being issued; and

4. State the date occupants must vacate the dwelling units if the defects have not been eliminated and the order to vacate withdrawn.

(F) Sealing of Unfit Structure. It shall be the responsibility of the owner of the property to remove all unsanitary or flammable material and to board up all windows and doors after a dwelling has been properly determined to be unfit for human habitation, if such boarding up is determined by the Town Manager to be necessary for reasons of health or safety. In the event that the owner of the property fails to properly seal the structure against unlawful entry the Town shall take action to remove unsanitary or flammable waste material and to board up all windows and doors so as to prevent entrance. The cost of said action shall be a lien on the property and collectible in the same manner as delinquent taxes.

(H) Demolition of Unfit Structures. The Town Manger shall order a dwelling or dwelling unit to be demolished if it has been designated unfit for human habitation, has been posted as such, has been vacated, and has not been put into proper repair as to rescind the designation as unfit for human habitation and to cause the placard to be removed. After the Town Manger has given an order to demolish an unfit structure, the following procedure shall be followed:

1. The owner of any dwelling or dwelling unit which has been ordered demolished, shall be given notice in the manner provided for service of notice for unfit buildings and shall be given reasonable time, not to exceed ninety (90) days, to demolish such structure.

2. When the owner fails, neglects or refuses to demolish an unfit, unsafe or unsanitary dwelling or dwelling unit within the requisite time, the Town Manager may apply to a court of competent jurisdiction for a demolition order to undertake the demolition. The cost of the demolition shall be a lien on the property and collectible in the same manner as delinquent taxes.

Section 41-9.               Emergencies.

(A) Emergency Action. Whenever in the judgment of the Town Manger an emergency exists which requires immediate action to protect the public health, safety or welfare, an order may be issued without notice, conference or hearing, directing the owner, occupant, operator or agent to take such action as is appropriate to correct or abate the emergency.

(B) Vacating Buildings. When, in the opinion of the Town Manager, there is a clear and present danger to the health or safety of the occupants, the Town Manger is authorized and empowered to order and require the occupants to vacate the same forthwith. He shall cause to be posted at each entrance to such building a notice reading as follows: “This Building is Unsafe and Its Use and Occupancy Has Been Prohibited by the Town Manager”, and it shall be unlawful for any person to enter such building or structure except for the purpose of making the required repairs or of demolishing same.

(C) Temporary Safeguards. When, in the opinion of the Town Manager, there exists grossly unsanitary conditions or an immediate danger of collapse or failure of a building or structure or part thereof which could endanger life, he shall cause the necessary work to be done to render such building or structure or part thereof temporarily safe, whether or not the legal procedure herein described has been initiated.

(D) Closing Streets. When necessary for the public safety, the Town Manger may temporarily close sidewalks, streets, buildings, and structures and places adjacent to such unsafe buildings, and prohibits the same from being used.

(E) Emergency Repairs. For the purpose of this Section, the Town Manager shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

(F) Costs of Emergency Repairs. Costs incurred in the performance of emergency work shall be a lien on the property and collectible in the same manner as delinquent taxes.

Section 41-10              Violations.

(A) Notice. Whenever the Town Manager determines that there are reasonable grounds to believe there has been or is a violation of any provision of this Chapter or of any rule or regulation adopted pursuant thereto, he shall give notice of such violation to the owner. Such notice shall:

1. Be in writing;

2. Include a description of the real estate sufficient for identification;

3. Include a statement of the reason or reasons why it is being issued; and

4. State the time within which the violation must be corrected in accordance with Chapter 28 of the Code for the applicable violation, and further state that, in the event he/she fails to correct the violation within the allotted time, a citation shall be delivered to him/her in accordance with the provisions of Article 23A, Section 3 (b) of the Annotated Code of Maryland.

5. Be served upon the owner or his/her agent or the occupant, as the case may require.

Service of notice that a dwelling is in violation shall be as follows:

1. By delivery to the owner or his/her agent or the occupant personally or by leaving the notice at the usual place of abode of the owner, his/her agent or the occupant, with a person of suitable age and discretion, or

2. By mailing the notice via certified mail, return receipt requested, addressed to the owner at his last known address with postage prepaid thereon.

(B) Penalty for Violation. Violations of any section of this Chapter shall be deemed a municipal infraction, and shall be punishable by a fine as set forth in Chapter 28 of the Code of the Town of Landover Hills. Each day any violation of any provision of this Chapter shall continue after the issuance of a citation for said offense by any Town Code Enforcement Official authorized by the Town Manger to enforce this Code shall constitute a separate offense.

(C) Whenever violations of this Chapter have not been corrected within the time specified herein or elsewhere in this Code, the Town Manager is authorized to apply to the Court for an injunction to counsel the owner to correct the violations, and to make such other provision to secure compliance with this Code as the Court sees just and proper. In particular, the Town Manager is authorized to request the Court to appoint a trustee to exercise the owner’s rights at the earliest time permitted by law to terminate the occupancy rights for the existing tenants; and to request the Court to enjoin the renting or renting of the premises upon the termination of the existing tenancy and to request the Court to order the Code Enforcement Officer to perform or have performed all repairs necessary to bring the structure into compliance with this code and to charge the cost of such repairs as a lien on the property to be included in the next tax bill and to further request the Court to allow a judgment against the owner for the reasonable attorney’s fees of the Town and for the reasonable administrative costs, including salary and overhead, incurred in connection with the enforcement effort.

Section 41-11.             Validity.

Savings Clause. This Chapter of the code shall not affect violations of any ordinance, code or regulation of the municipality existing prior to the effective date of this provision of the Code and any such violation shall be governed and shall continue to be punishable to the full extent of the law under the provision of those ordinances, codes or regulations in effect at the time the violation was committed.

If any part of this Chapter is held to be invalid, that will not affect the validity of the remainder of the Chapter.

 


CHAPTER 58

NUISANCES, PUBLIC

Section 5801.               Unlawful Spread of Cinders, Soot and Dense Smoke

Section 5802.               Burning Restrictions

Section 5803.               Violations and Penalties

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Section 5801.               Unlawful Spread of Cinders, Soot and Dense Smoke

It shall be unlawful for any person, firm or corporation to allow cinders, soot or dense smoke to escape from any chimney, smokestack or furnace within the Town onto or over the property of another in such quantities as to become uncomfortable and annoying to the occupants of private residences.

Section 5802.               Burning Restrictions

It shall be unlawful for any person to set fire or cause to be burned within the limits of the Town any garbage, filth, rags, rubber or other substance which emit strong, offensive odors.

Section 5803.               Violations and Penalties

Violation of this chapter is said to be a municipal infraction; the penalty for such violation shall be in accordance with Section 2802 of Chapter 28, of the Code of the Town of Landover Hills.


CHAPTER 63

PARKS

Section 6301.               Town Parks Designated; Boundary Descriptions.

Section 6302.               Prohibited Acts.

Section 6303.               Violations and Penalties

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Section 6301.               Town Parks Designated; Boundary Descriptions

The parks of the Town of Landover Hills shall consist of Rinck Park; the islands on 71’ Avenue; Webster Court, and Annapolis Road (Parcel E. Block B, Section 5); Along the fence on Parkwood Street; the Park at the Municipal Center; and any parks that may be created hereafter. Any Town ordinances which pertain to or mention Town Parks shall include the above-described property.

Section 6302                Prohibited Acts

No person may injure, disturb or befoul any part of a park or playground or any building, signs, equipment or other public property therein. No person may remove or destroy any tree, flower, fern, shrub or other plant in the Town.

Section 6303.               Violations and Penalties

Violation of this Chapter is declared to be a municipal infraction; the penalty for such violation shall be in accordance with Section 2802 of Chapter 28 of this code.


CHAPTER 67

PEACE AND GOOD ORDER

Section 6701.               Disturbing the Peace Prohibited

Section 6702.               Compliance with Police Orders

Section 6703.               Firearms and Dangerous Weapons

Section 6704.               Unlawful Use of Objects Likely to Cause Harm or Injury

Section 6705.               Damage or Removal of Public Property Prohibited

Section 6706.               Use of Sound-Amplifying Systems

Section 6707.               Permit Requirements for Parades and Other Public Entertainment

Section 6708.               Obstructing Persons on Streets

Section 6709.               Noise Ordinance

Section 6710                Violations and Penalties

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Section 6701.               Disturbing the Peace Prohibited

It shall be unlawful for any person to disturb the peace by:

A. Loud and unseemly noises.

B. Making rude or threatening remarks or gestures in such a manner as is calculated to provoke an assault.

Section 6702.               Compliance with Police Orders

No person shall willfully fail or refuse to comply with any lawful order or directive of any police officer of Landover Hills within the corporate limits of the Town.

Section 6703.               Firearms and Dangerous Weapons

It shall be unlawful for any person other than an officer of the law in the line of duty to discharge any shooting device deemed hazardous or any air rifle, spring gun or BB gun within the Town nor shall any person other than a law enforcement officer have in his or her possession while on the streets of the Town any rifle, revolver, pistol, blackjack, brass knuckles or other dangerous weapon, except guns used in the hunting of game, which shall be carried unloaded or broken. If any offense occurs, the shooting device or firearms will be confiscated and a fine imposed.

Section 6704.               Unlawful Use of Objects Likely to Cause Harm or Injury

It shall be unlawful for any person to throw any stone, firework or other missile of any kind in the Town in any way that is likely to do harm or injury to any person or property or in such manner as to cause reasonable apprehension of such harm or injury. No glass, nails, tacks or other articles which would be injurious to automobile tires or other vehicles shall be thrown or broken in the streets.

Section 6705.               Damage or Removal of Public Property Prohibited

It shall be unlawful for any person to break, damage, mutilate or carry away any lantern, glass frame, barrier, street designation fixture, road marker, official sign or designation erected for the regulation and control of traffic or any other Town property.

Section 6706.               Use of Sound-Amplifying Systems

No person shall operate or cause to be operated in or from any street or public property any loudspeaker, public-address system or other sound-amplifying system without first obtaining a permit from the Town.

Section 6707.               Permit Requirements for Parades and Other Public Entertainment

A. No person or organization shall hold or operate or sponsor or participate in the holding or operation, for profit or gain, of any carnival, street dance, sideshow, game or other entertainment without first obtaining a permit for such function from the Town.

B. No fee shall be charged for the issuance of such permits, but the issuance may be withheld at the Town’s discretion. The Town Council may direct that permit be issued or refuse to issue such a permit for which application is pending. The Mayor and Town Council may at any time, after a proper hearing, revoke forthwith any such permit issued.

C. No persons or organizations shall hold or conduct a parade in the limits of the Town without first having obtained a permit from the Town to do so.

Section 6708.               Obstructing Persons on Streets

It shall be unlawful for any person willfully to obstruct or hinder, by any means, including but not limited to, threats, intimidation, or physical restraint, the free passage of persons along or by any public street, highway, right-of-way, or sidewalk within the limits of the Town of Landover Hills.

Section 6709                Noise Ordinance

(A)       Purpose

This Ordinance is enacted to protect, preserve, and promote the health, safety, welfare, peace, and quiet of the citizens of the Town through the reduction, control, and prevention of loud and raucous noise, or any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity.

(B)       Findings

(1) Loud and raucous noise degrades the environment of the Town to a degree that:

(a) Is harmful to the health, welfare, and safety of its inhabitants and visitors;

(b) Interferes with the comfortable enjoyment of life and property;

(c) Interferes with the well being, tranquility, and privacy of the home; and

(d) Both causes and aggravates health problems.

(2) Both the effective control and the elimination of loud and raucous noise are essential to the health and welfare of the Town’s inhabitants and visitors, and to the conduct of the normal pursuits of life, including recreation, work, and communication.

(3) The use of sound amplification equipment creates loud and raucous noise that may, in a particular manner and at a particular time and place, substantially and unreasonably invade the privacy, peace, and freedom of inhabitants of, and visitors to, the Town.

(4) Certain short-term easing of noise restrictions is essential to allow the construction and maintenance of structures, infrastructure, and other elements necessary for the physical and commercial vitality of the Town.

(C)       Scope

This ordinance applies to the control of all sound originating within the jurisdictional limits of the Town.

(D)       Definitions

Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.

Emergency Work means any work performed for the purpose of preventing or alleviating physical trauma or property damage, whether actually caused or threatened by an emergency, or work by private or public utilities when restoring utility service.

Town Manager means the Town manager of the Town or the Town Manager’s designee.

Noise Sensitive Area includes, but is not limited to, a posted area where a school, hospital, nursing home, church, court, public library, or similar institution is located.

Person means any individual, firm, association, partnership, joint venture, or corporation.

Public Right-Of-Way means any street, avenue, boulevard, highway, sidewalk, alley, or similar place normally accessible to the public which is owned or controlled by a government entity.

Public Space means any real property or structures on real property, owned by a government entity and normally accessible to the public, including but not limited to parks and other recreational areas.

Residential Area means any real property which contains a structure or building in which one or more persons reside, provided that the structure or building is properly zoned, or is legally nonconforming, for residential use in accordance with the terms and maps of the county’s zoning ordinance.

(E)       General prohibition

(1) No person shall make, continue, or cause to be made or continued:

(a) Any unreasonably loud or raucous noise; or

(b) Any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity, within the jurisdictional limits of the Town; or

(c) Any noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons within the neighborhood from which said noises emanate, or as to unreasonably interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to detrimentally or adversely affect such residences or places of business.

(2) Factors for determining whether a sound is unreasonably loud and raucous include, but are not limited to, the following:

(a) The proximity of the sound to sleeping facilities, whether residential or commercial;

(b) The land use, nature, and zoning of the area from which the sound emanates and the area where it is received or perceived;

(c) The time of day or night the sound occurs;

(d) The duration of the sound; and

(e) Whether the sound is recurrent, intermittent, or constant.

(F)       Noises Prohibited

The following acts are declared to be per se violations of this ordinance. This enumeration does not constitute an exclusive list:

(1) Unreasonable Noises: The unreasonable making of, or knowingly and unreasonably permitting to be made, any unreasonably loud, boisterous or unusual noise, disturbance, commotion or vibration in any facility, dwelling, place of business or other structure, or upon any public street, park, or other place or building.  The ordinary and usual sounds, noises, commotion or vibration incidental to the operation of these places when conducted in accordance with the usual standards of practice and in a manner which will not unreasonably disturb the peace and comfort of adjacent residences or which will not detrimentally affect the operators of adjacent places of business are exempted from this provision.

(2) Vehicle Horns, Signaling Devices, and Similar Devices: the sounding of any horn, signaling device, or other similar device, on any automobile, motorcycle, or other vehicle on any right-of-way or in any public space of the Town, for more than ten (10) consecutive seconds.  The sounding of any horn, signaling device, or other similar device, as a danger warning is exempt from this prohibition.

(3) Non-Emergency Signaling Devices: sounding or permitting sounding any amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for non-emergency purposes, from any place for more than ten (10) consecutive seconds in any hourly period.  The reasonable sounding of such devices by houses of religious worship, ice cream trucks, seasonal contribution solicitors or by the Town for traffic control purposes are exempt from the operation of this provision.

(4) Emergency Signaling Devices: the intentional sounding or permitting the sounding outdoors of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle, or similar emergency signaling device, except in an emergency or except as provided below.

(a) Testing of an emergency signaling device shall occur between 7:00 a.m. and 7:00 p.m.  Any testing shall use only the minimum cycle test time.  In no case shall such test time exceed five (5) minutes.  Testing of the emergency signaling system shall not occur more than once in each calendar month.

(b) Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm, shall terminate within five (5) minutes of activation unless an emergency exists.  If a false or accidental activation of an alarm occurs more than twice in a calendar month, the owner or person responsible for the alarm shall be in violation of this ordinance.

(5) Radios, Televisions, Boomboxes, Phonographs, Stereos, Musical Instruments and Similar Devices: The use or operation of a radio, television, boombox, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and which unreasonably disturbs the peace, quiet, and comfort of neighbors and passers-by, or is plainly audible at a distance of 50 feet from the source of the noise in residential or noise sensitive areas, including multi-family or single-family dwellings.

(6) Loudspeakers, Amplifiers, Public Address Systems, and Similar Devices: The unreasonably loud and raucous use or operation of a loudspeaker, amplifier, public address system, or other device for producing or reproducing sound between the hours of 9:00 p.m. and 7:00 a.m. On weekdays, and 10:00 p.m. And 10:00 a.m. On weekends and holidays in the following areas:

(a) Within or adjacent to residential or noise-sensitive areas;

(b) Within public space if the sound is plainly audible across the real property line of the public space from which the sound emanates, and is unreasonably loud and raucous.

This shall not apply to any public performance, gathering, or parade for which a permit has been obtained from the Town.

(7) Yelling, Shouting, and Similar Activities: Yelling, shouting, hooting, whistling, or singing in residential or noise sensitive areas or in public places, between the hours of 9:00 p.m. and 7:00 a.m., or at any time or place so as to unreasonably disturb the quiet, comfort, or repose of reasonable persons of ordinary sensitivities.

(8) Animals and Birds: Unreasonably loud and raucous noise emitted by an animal or bird for which a person is responsible.  A person is responsible for an animal if the person owns, controls or otherwise cares for the animal or bird.

(9) Loading or Unloading Merchandise, Materials, Equipment: The creation of unreasonably loud, raucous, and excessive noise in connection with the loading or unloading of any vehicle at a place of business or residence.

(10) Construction or Repair of Buildings, Excavation of Streets and Highways: The construction, demolition, alteration or repair of any building or the excavation of streets and highways other than between the hours of 7:00 a.m. and 7:00 p.m., on weekdays. In cases of emergency, construction or repair noises are exempt from this provision.  In non-emergency situations, the Town manager may issue a permit, upon application, if the Town manager determines that the public health and safety, as affected by loud and raucous noise caused by construction or repair of buildings or excavation of streets and highways between the hours of 7:00 p.m. And 7:00 a. M. Will not be impaired, and if the Town manager further determines that loss or inconvenience would result to a party in interest.  The permit shall grant permission in non-emergency cases for a reasonable period of not more than three (3) weeks.  The permit may be renewed once for a period of three (3) weeks or less.

(11) Noise Sensitive Areas - Schools, Courts, Churches, Hospitals, and Similar Institutions: The creation of any unreasonably loud and raucous noise adjacent to any noise sensitive area while it is in use, which unreasonably interferes with the workings of the institution or which disturbs the persons in these institutions; provided that conspicuous signs delineating the boundaries of the noise sensitive area are displayed in the streets surrounding the noise sensitive area.

(12) Blowers, and Similar Devices: In residential or noise sensitive areas, between the hours of 9:00 p.m. and 7:00 a.m., the operation of any noise creating blower, power fan, or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, provided that the noise is unreasonably loud and raucous and can be heard across the property line of the property from which it emanates.

(13) Commercial Establishments Adjacent to Residential Properly: unreasonably loud and raucous noise from the premises of any commercial establishment, including any outdoor area which is part of or under the control of the establishment, between the hours of 9:00 p.m. and 7:00 a.m. Which is plainly audible at a distance of five 5 feet from any residential property.

(G)       Exemptions

Sounds caused by the following are exempt from the prohibitions set out in section f and are in addition to the exemptions specifically set forth in Section F:

(1) Motor vehicles on traffic ways of the Town, provided that the prohibition of Subsection F(2) above continues to apply.

(2) Repairs of utility structures which pose a clear and immediate danger to life, health, or significant loss of property.

(3) Sirens, whistles, or bells lawfully used by emergency vehicles, or other alarm systems used in case of fire, collision, civil defense, police activity, or imminent danger, provided that the prohibition contained in Subsection F(4) above continues to apply.

(4) The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work.

(5) Repairs or excavations of bridges, streets or highways by or on behalf of the Town, the state, or the federal government, between the hours of 7:00 p.m. and 7:00 a.m., when public welfare and convenience renders it impractical to perform the work between 7:00 a.m. and 7:00 p.m.

(6) Outdoor school and playground activities. Reasonable activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including but not limited to, school athletic and school entertainment events.

(7) Other outdoor events. Outdoor gatherings, public dances, shows and sporting events, and other similar outdoor events, provided that a permit has been obtained from the appropriate permitting authority.

(H)       Enforcement

(1) The following individuals shall enforce this ordinance: The Town Manager or the Chief of Police or their designees will have primary responsibility for the enforcement of the noise regulations contained herein.  Nothing in this ordinance shall prevent the Town from obtaining voluntary compliance by way of warning, notice or education.

(2) If a person’s conduct would otherwise violate this ordinance and consists of speech or communication; of a gathering with others to hear or observe speech or communication; or of a gathering with others to picket or otherwise express in a nonviolent manner a position on social, economic, political or religious questions; the person must be ordered to, and have the opportunity to, move, disperse, or otherwise remedy the violation prior to arrest or a citation being issued.

(I)        Penalties

(1) A person who violates a provision of 6709 is guilty of a municipal infraction which is punishable by a fine of $100.00 for a first offense and $400.00 for subsequent occurrence that occurs within six (6) months of a prior offense.

(2) Each occurrence of a violation, or, in the case of continuous violations, each hour a violation occurs or continues, constitutes a separate offense and may be punished separately.

(j)         Severability Clause

A determination of invalidity or unconstitutionality by a court of competent jurisdiction of any clause, sentence, paragraph, section or part, of this ordinance shall not affect the validity of the remaining parts to this ordinance.

(O-02-03)

Section 6710                Violations and Penalties

Any person, firm or corporation violating or failing to comply with any provision of this Chapter shall be subject to a fine in accordance with Section 2802 of Chapter 28 of the Code of the Town of Landover Hills.

 


CHAPTER 70

PEDDLING AND SOLICITING

Section 7001.               Permit Requirements and General Regulations

Section 7002.               Violations and Penalties

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Section 7001.               Permit Requirements and General Regulations

A. Hawkers, Peddlers and Solicitors

(1) Permit Required

(A) All hawkers, peddlers, canvassers, solicitors, etc. must have a permit for the Town of Landover Hills, and each individual of a soliciting organization must have a permit and display the same at all times.

(B) It shall be unlawful without first obtaining Town permit, for any corporation, partnership, individual or association of individuals to hawk, sell, peddle or offer for sale in or upon the streets or highways within the Town of Landover Hills or to go from house to house, either by vehicle or on foot, for the purpose of selling, peddling, hawking or offering for sale, at retail or wholesale prices, any fruit, vegetables, fish, meat, poultry, oysters, wares, magazines, books, photographic services or merchandise of any kind whatsoever, including home improvements, siding and roofing. Any applicant for a hawker’s permit shall furnish proof of his reliability and responsibility, and the same for the firm he represents, to the Town officials designated to issue the permit.

(2) Registration fee. The Registration fee shall be as set forth in Chapter 28 of the Code of the Town of Landover Hills for each person or organization, and the permit shall be valid for twelve (12) months from the date issued. There shall be no refunds on permits. The registration fee may be waived by the Town official(s) designated to issue permits for religious, civic and/or welfare organizations.

(3) Hours of Operation Permits for soliciting shall be good only between the hours of 9:30 A.M. and 8:00 P.M. on weekdays and between the hours of 9:30 A.M. and 2:00 P.M. on Saturdays. No soliciting will be permitted within the Town limits on Sundays.

(4) Fruit Stands; Christmas Tree Sales. Fruit stands on public or private property, except in a permanent building, must meet all sanitary and health requirements, and the proprietor must have a vending permit. All Christmas tree vending stands must have a permit to display and sell, and all debris and leftover Christmas trees must be removed by 12:00 midnight on December 26’.

(5) Exceptions. Exceptions to this Chapter shall include regular deliveries to customers on established routes of milk, bakery products, groceries, ice, newsboys, fuel oil, laundry, dry-cleaning and similar services.

B. Vendors

(1) Duration of License; Fee.

Licenses shall be valid for twelve (12) months and operating permit fee shall be as set forth in 2801 of Chapter 28 of this code.

(2) Use of Bells or Other Noise Devices. All bells or other noise devices shall be moderate, and no extreme or shrill noises will be permitted.

(3) Parking Restrictions; Safety Precautions. No vendors shall park at street intersections, and such vendors shall always park on the right-hand side of the streets. Drivers must use extreme caution at all times in looking out for the safety of children and other patrons.

(4) Permit Revocation. The Mayor and Town council reserves the right to revoke the permit at any time for just cause.

C. Miscellaneous

(1) Yard Sales Yard sales require permits and include permission to place signs on public property (not utility poles) in Town. Said signs shall be removed within twenty-four (24) hours after the date of the yard sale. Permit fees shall be as set forth in Section 9801 of Chapter 28 of this Code.

Section 7002.               Violations and Penalties

Any person who shall violate any provision of this Chapter or fail to comply with its requirements shall be subject to a fine for each offense in accordance with Section 2802 of Chapter 28 of the Code of the Town of Landover Hills. Violation of this Chapter is declared to be a municipal infraction.

 


CHAPTER 74

PROPERTY MAINTENANCE

Section 7401.               Accumulation of Trash and Tall Yard Growth

Section 7402.               Violations and Penalties

Section 7403.               Storage of Inoperable Vehicles

Section 7404.               Residential Driveways

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Section 7401.               Accumulation of Trash and Tall Yard Growth Prohibited: Notice to Remove: Removal by Town

A. Any trash, waste materials, garbage, offensive and dirty materials or weeds, briars and brush more than one (1) foot tall, which have been or which may hereafter be allowed to accumulate or grow on any private property adjoining any of the streets, alleys or lanes and within two hundred (200) feet thereof in the Town, as well as the trees, hedges or other shrubbery that obstructs clear unbroken view of on-coming traffic by drivers of motor vehicles or near intersections, thus creating a traffic hazard, are hereby declared to be a public nuisance.

B. Any owner or owners, tenant or tenants or persons in possession of any real property where such public nuisance exists shall be issued a written notice to abate such public nuisance with ten (10) days, inclusive of Sundays, and holidays.

C. Any owner or owners, tenant or tenants or persons on possession of any real property who fails to abate or otherwise correct such public nuisance within the said ten day period, or commits a repeat violation within twelve (12) months of the date of issuance of a written notice, shall be issued a municipal infraction in accordance with Chapter 28, “Fees and Penalties,” Section 2802 “Penalties,” of this Code unless cause to the contrary shall be shown by filing objections, in writing, with the Town Administrator on or before the expiration date of said written notice. Each successive ten (10) day period the violation goes uncorrected shall constitute a separate offense.

D. If such written objections are filed, it shall be the duty of such persons to appear at the next regular meeting of the Mayor and Town Council at which time a public hearing shall be afforded such person. Such Notice of said meeting shall be given by placing the same in the United States Mail, addressed to the last known address of such person or persons and with sufficient postage prepaid.

E. If such public nuisance is not removed or corrected within the time specified in such notice and either no written objections have been filed or if such written objections are filed and overruled by the Town Manager after an informal hearing with the objector, then the Town Administrator shall cause the public nuisance to be removed or corrected, and the Town Administrator shall place a charge against the proper person, persons or real property for such cost and proceed to collect the same entering the same on tax records as a tax upon such real property or by suit if deemed necessary, or both.

(O-01-02)

(Adopted and passed March 16, 1998)

Section 7402.               Violations and Penalties

Violation of this Chapter is hereby declared to be a municipal infraction. The penalty for violation shall be as set forth in Section 2802 of Chapter 28 of the Code of the Town of Landover Hills.

Section 7403                Storage of Inoperable Vehicles

A. It shall be unlawful for any person to park or allow to be parked, or to store or allow to be stored any vehicles of any kind and description which is inoperable, dismantled, wrecked or not bearing current license plates upon residentially-zoned property or any other property not zones for such storage within the corporate limits of the Town of Landover Hills for a period of time longer than forty-eight (48) hours after such vehicles became inoperative, dismantled, wrecked, or without current license plates, unless said vehicle is stored and in an enclosed garage.

B. Any violation of this section shall be subject to the penalties provided in Section 9806 of this Code of Ordinances. Each forty-eight (48) hour period during which a vehicle is parked in violation of this ordinance shall be a separate offense. In addition to the penalties provided in Section 9806, the owner of the premises upon which such vehicle is parked shall be subject to the penalties provided in said section.

Section 7404.               Residential Driveways

A. “Residential Driveway” is defined as that portion of a residential property upon which motor vehicles, boats, trailers designed to carry automobiles or boats, motor homes or camping trailers are parked or stored. A residential driveway shall be constructed of asphalt, brick, block, concrete, gravel, crushed stone, or structurally sound porous material. It shall not be necessary to provide a full platform of the surface material under the parked vehicle so long as the wheels or contact points of the vehicle rest on runners or other surface made of said material. The material used and the area beneath the vehicle shall be kept free from weeds in excess of twelve (12) inches in height, except as may be provided otherwise by applicable law.

C. A residential driveway apron may not be constructed within, or partially within, any intersection curb returns. The residential driveway apron shall not be less than ten (10) feet, and shall not be wider than twenty (20) feet.

D. A written warning shall be issued to any property owner who violates this section, which warning shall direct that the violation be corrected within ten (10) days of the date of the warning. If the violation is not corrected within that period, a municipal infraction citation shall be issued to the property owner. In the event of any subsequent violation by the property owner during the same calendar year, the Town shall issue a municipal infraction citation without any preceding written warning.

E. Each successive ten (10) day period the violation goes uncorrected shall constitute a separate offense. The penalty for violation shall be as set forth in Section 2802, “Penalties,” of Chapter 28, “Fees and Penalties,” of this Code.

(Adopted March 16, 1998)


CHAPTER 84

SIGNS

Section 8401.               Permit Required Prior to Posting; Impoundment of Unauthorized Signs

Section 8402.               Violations and Penalties

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Section 8401.               Permit Required Prior to Posting: Impoundment of Unauthorized Signs

It shall be unlawful to post signs on any public property unless a permit has been issued by the Town of Landover Hills. All signs posted on public property without a permit shall be impounded by Town officials or employees and destroyed at the end of thirty (30) days unless their recovery shall be requested by the owner.

Section 8402.               Violations and Penalties

Any person, firm or corporation which shall violate any provision of this Chapter of fail to comply with its requirements hall, be subject to a fine in accordance with Section 2802 of Chapter 28 of the Code of the Town of Landover Hills. Additional fees, fines and penalties associated with this Chapter shall also be as set forth in Chapter 28 of the Code of the Town of Landover Hills.

 


CHAPTER 90

STREETS AND SIDEWALKS

Section 9001.               Obstruction of Streets and Sidewalks Prohibited; Exception

Section 9002.              

Section 9003                Violations and Penalties

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Section 9001.               Obstructions of Streets and Sidewalks Prohibited: Exception.

It shall be unlawful for any person to place or leave any merchandise, trash or debris or other article upon any street or sidewalk in the Town so as to interfere with the full and free use of any part of the such street or sidewalk by the public, except temporarily during the course of completing a delivery or removal of goods or where a permit has been issued permitting the temporary deposit of building material for construction purposes.

Section 9002.

A.  Definitions.  For the purposes of this Chapter the following terms and phrases, words, and their derivations shall have the meaning given herein.  When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number.  The word “shall” is always mandatory and not merely directive.

(1)  Town is the Town of Landover Hills, Maryland.

(2)  Town Manager is the Town Manager of the Town of Landover Hills or his or her designee.

(3)  Person is any person, firm, partnership, association, corporation, company or organization of any kind.

(4)  Use Permit is the license issued by the Town for structures in the public rights-of-way.  Use permits may be revoked at any time by the Town.

(5)  Construction Permit is the permit issued before any work can commence on the roads or public rights-of-way within the Town.

B.  Permits Required.

(1)        Construction Permit.  No person shall begin to construct, reconstruct, repair, alter or grade any sidewalk, curb, curb-cut, driveway or structure of any sort on the public streets or on any area within any public right-of-way without first obtaining a construction permit from the Town manager as provided by this Chapter.

(2)        Use Permit.  Any structure or construct (for example fence, recreation equipment) in or on any sidewalk, curb, public street or any area within any public right-of-way is hereby forbidden unless a use permit for such has been issued by the Town to the owner (or owner’s agent) of the land contiguous to the public land on which the structure or construct exists.

(3)        Driveways.  Driveways and driveway aprons existing at the time of the enactment of this Ordinance (O-01-01) shall be deemed to have a use permit, as long as they conform to the Town code in all other respects.  All replacements, repairs to such shall require a construction permit.  Any driveways and driveway aprons constructed pursuant to B(1) of this Section shall not further require a use permit.

(4)        A construction permitee shall be issued a use permit upon completion, satisfactory to the Town, of the work constructed pursuant to B(1) of Section 9002.

C.  Application.  An applicant for any use permit or construction permit hereunder shall file with the Town Manager an application with: (1) the name and address of the owner or agent in charge of the property adjacent to the subject public land; (2) the name and address of the party doing the work, if applicable; (3) the location of the public area or structure; (4) attached plans showing details of the proposed alteration or of the existing structure; (5) the estimated costs of any alteration if such is required; (6) such other information as the Town manager shall find reasonably necessary to the determination of whether a permit should issue hereunder.

D.  Fees.  The following fees shall accompany the application for a permit hereunder:

(1) Filing Fee.

(a)  The filing fee for a construction permit shall be five dollars ($5.00) for the first ten lineal feet or less of sidewalk, curb, curb cut, driveway area or street to be altered and three dollars ($3.00) for each additional lineal foot or fraction thereof.

(b) There shall be no filing fee for a use permit.

(2) Inspection and Engineering Fees.  The Town shall charge a fee of fifty dollars ($50.00) for all inspections done on behalf of an applicant or permitee hereunder.  For a use permit the inspection and engineering fees shall be waived unless the Town reasonably shall require the assistance of an inspector or engineer.

E.  Bonds.  Unless waived for a good cause by the Town Manager, the following bonds shall accompany an application for a construction permit hereunder:

(1) Construction and Maintenance.  In cases where the estimated cost of the entire project shall exceed five thousand dollars ($5,000.00), the Town Manager shall require a maintenance and construction bond to be filed with the application for a permit hereunder in an amount equal to the estimated cost of the project and conditioned that such work shall be done in accordance with the Prince George’s County standard specifications and guaranteeing the same for a reasonable period of time.  The Town Manager may also require a restoration bond regarding damage to all public and private property.

(a) Failure of compliance by permitee.  In any case where a construction permit applicant or construction permitee hereunder shall be in default or shall fail to comply with the requirements of the Town code and regulations, the Town Manager may order the completion of the work and shall recover the cost from permitee as allowed by law.

(2) Indemnity.  The Town Manager shall have the authority to require an applicant for a construction permit hereunder to file a bond conditioned to protect and save harmless the Town from all claims for damages or injury to other persons by reason of such alteration work.

F.  Standards for issuance of any permit.  The Town Manager shall issue a permit hereunder when he or she finds:

(1) That the health, welfare, safety or interest of the public will not be unreasonably impaired by the granting of the permit.

(2) The work shall be done or has been done according to the standard specifications of Prince George’s County for public work or for private work of like character.

(3) In the event of proposed construction and if the complexity of the project so requires, the plans must be approved by an engineer of the Town’s choice.

(4) In the event of proposed construction, the construction will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and from the property affected and adjacent properties.

G.  Supervision of Town Manager.  All operations for which a construction permit is granted hereunder shall be under the direction and supervision of the Town Manager.

H.  Order to alter curb-cut.  Where the use, convenience and necessity of the public require, the Town Manager shall have the authority to order the owners, or agents in charge of property adjacent to which curb-cuts are maintained, to alter the curb-cut in such a manner as he or she shall find reasonably necessary under the circumstances.

I.  Any notice given pursuant to this Subsection 9002 shall:

(a) Require compliance by permitee within a reasonable time of said notice

(b) Be in writing and

(c) Be served upon permitee or posted on the subject property.

J.  Penalties.

(a) Unless otherwise provided, any person who shall violate any provision of this Section 9002 shall be guilty of a municipal infraction and shall pay a penalty of four hundred dollars ($400.00).  Each day that a violation exists shall be a separate infraction.

(b).  The Town Manager may issue a stop work order for work being done in violation of this chapter, provided proper notice is given by posting the stop work order at the site and if possible giving a copy to any person at the site.  Any person who causes to continue or continues the work in violation of a stop work order shall be guilty of a misdemeanor subject to a fine of $500.00 or imprisonment for up to six months or both fine and imprisonment.

(c).  After notice granting the contiguous property owner an opportunity for a hearing, the Town Manager may cause to be removed or modified any construct or structure on the public right of way that has no use permit.  The cost of such removal or modification may be assessed against the real property taxes of the property receiving the purported benefit of the structure or construct.

K.  Separability.  If any provision of this subsection or the application thereof to any person or circumstances is held invalid for any reason, such invalidity shall not affect the other provisions or any other applications of this ordinance which can be given effect without the invalid provision or applications and to this end, all the provisions of this ordinance are hereby declared to be severable.

(O-01-01)

Section 9003.               Violations and Penalties

Unless otherwise provided, violation of this Chapter is declared to be a municipal infraction; the penalty for violation shall be in accordance with Section 2802 of Chapter 28 of the Code of the Town of Landover Hills.

 


CHAPTER 91

HOMESTEAD PROPERTY TAX CREDIT

Section 9101.               Homestead Property Tax Credit

A. The Homestead Property Tax Credit percentage for the Town of Landover Hills, Maryland shall be 110% commencing with the taxable year beginning July 1, 1991.

B. The Homestead Property Tax Credit Program shall be implemented and administered by the State Director of Finance in accordance with the provisions of State law and rules and regulations established by the State Department of Assessments and Taxation.

(Adopted December 18, 1995)

 


CHAPTER 98

PARKING, TRAFFIC AND TRUCK REGULATIONS

Section 9801.               Prohibited Parking Generally

Section 9802.               Street Parking Regulations

Section 9802.1             Off Street Parking

Section 9803.               Vehicles Prohibited in Town Parks

Section 9804.               Parking Restrictions for Certain Vehicles

Section 9805.               Vehicle Repairs

Section 9806.               Violations and Penalties

Section 9807.               Compliance with Traffic Signs and Signals Required

Section 9808.               Barricades

Section 9809.               Speed Regulations

Section 9810.               One-Way Streets

Section 9811.               Truck Restrictions and Operational Requirements

ABANDONED VEHICLES

Section 9812.

Section 9813.               Removal and Storage Procedures

Section 9814.               Notification of Owner

Section 9815.               Vehicle Release and Repossession Procedures

Section 9816.

Section 9817.               Definitions

Section 9818.               Abandoned Vehicles Prohibited

Section 9819.               Penalty Provisions Generally

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ARTICLE I

PARKING REGULATIONS

Section 9801.               Prohibited Parking Generally.

No person shall stand or park a vehicle, except when necessary to avoid conflict with other traffic or when directed by proper authority, in any of the following places:

A. Within twenty-five (25) feet of the approach side of any stop, slow or caution sign.

B. Within fifteen (15) feet of a fire hydrant.

C. Closer to an intersection than twenty-five (25) feet.

D. In front of any public driveway or in front of any private driveway.

E. On any sidewalk, paved or unpaved.

F. At any place where official signs or yellow lines painted on the edges of the street prohibit parking or stopping.

G. Parallel to another vehicle parked on the same side of the street. H. In a space or zone officially marked as restricted for use by individuals with disabilities unless the vehicle bears a special registration plate or parking permit for individuals with disabilities issued by the Motor Vehicle Administration, another state, the District of Columbia or another country. Each twenty-four (24) hour period that a vehicle remains unlawfully parked in a space reserved for parking for individuals with disabilities shall constitute a separate violation.

(Adopted October 19, 1998)

Section 9802.               Street Parking Regulations

A. Unless parking space in some other portion of the street is provided by the Town, all vehicles not in motion shall be parked or placed with their right side parallel to and within twelve (12) inches of the curb or improved surface on the right-hand side of the highway or street, except where traffic is permitted to move in one (1) direction only, in which case they shall be parked or placed with their right side parallel to and within twelve (12) inches of the curb or improved surface on the right-hand side or their left side parallel to and within twelve (12) inches of the curb or improved surface on the left-hand side of said street or highway.

B. It shall be unlawful to park any motor vehicle that is required to be registered under State law with expired registration, no registration, altered registration or registration listed to another vehicle on a public street, highway, alley or private property used by the public in general, including, but not limited to, parking lots of shopping centers, condominiums, apartment and Town home developments within the Town.

C. Emergencies

Whenever in the discretion of the Town Manager or the Chief of Police an emergency shall exist, or construction or repair work shall require, or other conditions affecting traffic shall necessitate, the Town Manager or the Chief of Police is hereby authorized and empowered to temporarily close any street or any part thereof within the corporate limits of the Town and to temporarily forbid or regulate parking in the affected area.

D. Snow

Whenever snow has accumulated in the streets of the Town to a depth of one (1) inch or more, the following procedures apply to all vehicles parked or left to stand on the streets of the Town:

1.  On one-way streets or on streets with a median separating the travel lanes, vehicles must be at the right curb facing in the direction of travel in that lane.

2.  On all streets other than those listed in sub-section one (1), vehicles must be parked on the odd numbered side of the street.

3.  Vehicles shall otherwise be parked or left as directed by the police or public works personnel.

4.  Trailers, including boat -and- trailers and travel trailers, must not be on any street unless the owner/lessor of the trailer is a resident of the Town and can demonstrate that the owner/lessor has no off-street parking on the property in which the owner/lessee resides.

5.  The provisions of this sub-section 9802(d) shall be effective without notification and shall remain in effect until the street is plowed; provided however that when snow shall accumulate to a depth of one (1) inch or more after 11:00 p.m. the provisions of this Sub-title 9802(d) shall not be effective until 7:00 a.m. on the day following and shall remain in effect until the street is plowed.

(O-01-00)

(Adopted March 16, 1998)

Section 9802.1             Off-Street Parking.

A. It shall be unlawful for any person to park or allow to be parked any vehicle or trailer off any public way in a residential area unless the vehicle is parked in a residential driveway as defined in Section 7404 of the Code.

B. Any vehicle or trailer entering any off-street parking space must do so via a dropped curb and driveway entrance. Any vehicle otherwise traversing Town property between the street and abutting private property to gain access to an off-street parking area may be cited for said violation.

C. Not withstanding the provisions of paragraph B, herein above, any owner of property currently having roll-type curbing, rather than a dropped curb and driveway entrance, is not required to comply with the requirement of having such a dropped curb and driveway entrance until such time as street improvements are undertaken by the Town. After such street improvements occur, the owners affected shall be notified that they shall immediately comply with this ordinance or be subject to the penalties provided hereunder.

D. Any violation of this section shall be a municipal infraction subject to the penalties provided in Chapter 28, Section 2802 of this Code. Each dour (24) hour period during which a vehicle is parked in violation of this section shall be a separate offense. In addition to the penalties provided in Section 2802, the owner of the premises upon which such vehicle is parked shall be subject to the penalties provided in such section.

(Adopted March 16, 1998)

Section 9803.               Vehicles prohibited in Town Parks.

Except on official Town business, no person shall operate a private or commercial vehicle in such a manner that it shall cross over, park or stand on public property designated as a Town park area.

Section 9804.               Parking restrictions for certain vehicles.

A.        No person shall stand or park or allow to stand or be parked the following vehicles on any street, public right of way or public property except temporarily while actually loading or unloading persons or property or while associated with work being performed on the adjacent premises:

1.         Pickup truck or any vehicle with a capacity larger than three-quarter (3/4) ton.

2.         A tractor-trailer truck or the tractor or trailer component of a tractor-trailer truck for the purpose of this subsection, the term “tractor-trailer truck” shall mean a transportation system consisting of a tractor and trailer; the term “trailer” shall mean a vehicle that is mounted on at least four (4) wheels and is not self-propelled and is designed and constructed primarily to carry property and has a load capacity in excess of seven hundred (700) feet.

3.         Any trailer or other vehicle without motor power.

4.         Any bus or any house trailer for sleep or dwelling purposes.

5.         Any vehicle which leaks grease, oil, or other corrosive substances.

6.         Any vehicle that:

(a)        Is greater that eighty (80) inches in width, including all protrusions except side mirrors;

(b)        Two hundred forty (240) inches in length from bumper to bumper;

(c)        Is visibly being used for storage; or

(d)        Is a boat or boat and trailer.

B.         The Town Manager may grant a thirty (30) day permit for parking not in strict compliance with this section 9804 pursuant to §9811 of this code.  As to a boat and trailer, the Town manager may grant a permanent exception under the conditions outlined in §9811 so long as a resident demonstrates that his/her dwelling has no driveway or area to park the boat and trailer.

(O-06-01)

Section 9805.               Vehicle repairs.

No person shall repair any motor vehicle on any street if such repair work causes or is likely to cause any grease, oil or gasoline to drop or spill upon the surface of said street, nor shall any person perform any repair work of other than an emergency nature on any vehicle on any street.

Section 9806.               Violations and Penalties

A. In the case of all parking violations in the corporate limits of the Town of Landover Hills, the police officer who discovers the vehicle illegally parked in the absence of the operator shall attach a summons to the vehicle in a conspicuous place or, if the operator is present, deliver the summons to the operator.

B. For the violation of any parking regulation in the article, the fine shall be as set forth in Section 2802 of Chapter 28 of this Code.

C. The Town of Landover Hills cooperates with the Maryland Department of Transportation Motor Vehicle Administration’s Vehicle Tag-Flagging Program. Parking violators whose tags are flagged under this program must pay an administrative charge to the Town, as well as the applicable fines. Administrative charges and parking fines are set forth in Sections 2801 and 2802 of Chapter 28 of this Code.  (O-01-02)

TRAFFIC REGULATION

Section 9807.               Compliance with Traffic Signs and Signals Required.

A. Traffic signs and signals generally. It shall be unlawful for any person operating any automobile or other vehicle to fail to obey or comply with any traffic sign or signal which has been erected by authority of the Mayor and Town Council.

B. Stop signs. The operator of any motor vehicle or other conveyance shall come to a full stop at any intersection where a top sign has been erected under the authority of the Mayor and Town Council and shall yield the right-of-way to other vehicles or conveyances approaching on the intersecting street.

C.        In the event any civil, criminal or traffic citation is issued regarding any traffic or parking violation or infraction, and the citation sets a deadline for payment of the fine, (if no court date is requested) and the date of the deadline passes without the Town receiving the fine, or a request for a court date, there shall be due to the Town an additional amount as a late charge, as provided in §2801 of this Code, provided the citation contains notice of such late charge and the due date.

D.        The Town of Landover Hills cooperates with the Maryland Department of Transportation Motor Vehicle Administration’s vehicle tag-flagging program.  Violators whose tags are flagged under this program must pay an administrative charge to the Town for removal of the tag, as well as the applicable fines.  Administrative charges and fines are set forth in Sections 2801 and 2802 of Chapter 28 of this Code.

(O-01-02)

Section 9808.               Barricades

No personal shall drive into any street which is barricaded for the purpose of preventing the use of the street by vehicular traffic, and no person shall destroy, damage, remove, tamper with or fail to observe any barricades, signs or lights which have been placed on the right-of-way of the street for any reason which the Mayor and Town Council may deem proper.

Section 9809.               Speed Regulations.

A. General restriction. No person shall drive a vehicle on a street or highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the street or highway in compliance with legal requirements and the duty of all persons to use due care.

B. Town speed limits designated. No person shall operate a motor vehicle over any street, avenue or highway within the limits of the Town at a rate of speed in excess of twenty-five (25) miles per hour; it shall be further provided that no person shall operate a motor vehicle on Buchanan Street, between 72’ Avenue and Ardwick-Ardmore Road, at a rate of speed in excess of fifteen (15) miles per hour.

C. A police officer shall issue a Maryland Uniform citation for violations hereof.

Section 9810.               One-way Streets.

A. The Mayor and Council shall have the authority to designate certain streets within the Town as one-way streets and require that all vehicles thereon move in one specified direction. The Mayor and Council shall designate a street as a one-way street by the adoption of a resolution so stating, and shall place and maintain signs giving notice thereof, and no such regulation shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.

B. No person shall operate a motor vehicle on a one-way street in a manner so prohibited.

(Adopted October 19, 1998)

Section 9811.               Truck Restrictions and Operational Requirements.

A.        General Restrictions.  No vehicle of any specified tonnage equipped with metal flanges or other devices which would cause damage to Town roads shall be permitted to operate within the Town, except in compliance with Subsection C hereof.

B.         Weight Limits.  No trailer, semi-trailer, dump truck, cement truck or stake body truck with a manufacturer’s gross vehicle weight exceeding fifteen (15) tons shall be allowed to operate on Town roads where a sign has been posted restricting such operation, except in compliance with subsection c hereof.

C.        Permits.  Any person, firm or entity desiring to park or operate any vehicle on public rights of way or public property in violation of this Section may make written application for a permit from the Town Manager.  The Town Manager may grant such permit for no longer than thirty (30) days under the standards outlined in Subsection e below.

D.        Exceptions.  If provided by ordinance or regulation, a party may obtain a permanent exception from the strict enforcement of a vehicle or parking prohibition in the Town code under the standards specified herein.

E.         Standards.  After a formal or informal hearing the Town Manager may grant such permit or exception with or without appropriate conditions that protect the public if he/she determines that the following standards are met:

1.         The vehicle or use will not disrupt visibility or traffic flow or cause damage to any property.

2.         The vehicle or use does not present a hazard to the public or to public property.

3.         The vehicle or use is for the benefit of a property owner or resident of the Town.

4.         In the case of a thirty (30) day permit, two (2) such permits have not been granted within twelve (12) months immediately preceding the application regarding the vehicle, applicant or use.

5.         The strict observance of the code would cause undue hardship to the property owner or resident.

6.         The activity permitted would not violate any other local, county or state law or regulation.

F.         Revocation.  The Town Manager may temporarily or permanently revoke any permit or exception with or without warning if the vehicle owner or operator or any other individual using the vehicle violates any of the standards either in Subsection D above or any other provision of federal, state, county or Town law  regarding vehicles, traffic or parking.  Any revokee is entitled to a hearing before the Town Manager so long as the revokee requests in writing such hearing within five (5) days of the revocation.  The Town Manager may reinstate the permit or exception with or without further conditions if the revokee demonstrates that the permit or exception was unfairly revoked.

(O-05-01)

ABANDONED VEHICLES

Section 9813.               Removal and Storage Procedures.

A. Authority for removal; storage areas authorized. The police department is hereby authorized to remove any vehicle found in violation of this chapter and place said vehicle in the nearest authorized place of storage, either by towing same or by any other expedient means. “The nearest authorized place of storage” shall mean storage facilities maintained by the Town, any towing company contracted by the Town to remove vehicles or, in the absence of such contract, any towing company contracted or approved by the Prince George’s County Police Department.

B. Removal of abandoned and disabled vehicles. Any vehicles found to be abandoned or disabled within the corporate limits of Landover Hills, including vehicles involved in collisions, may be removed by the police department in the same manner as authorized in Subsection A of this Section, if non-removal of the vehicle will cause it to constitute a traffic hazard.

Section 9814.               Notification of Owner.

When a vehicle is stored pursuant to this article, the police officer storing same shall attempt to notify the vehicle’s owner within twenty-four hours of the time of removal. If the officer is unable to notify the owner within twenty-four (24) hours, he shall mail a notification to the owner’s address as it appears in the vehicle registration files. The notification shall include the fact that the vehicle has been stored and the location from which a police department release may be obtained.

Section 9815.               Vehicle release and Repossession Procedures

Before a vehicle is released from storage, the person seeking the release shall present evidence of ownership, including proper identification, to the officer releasing the vehicle. If the person seeking release of the vehicle is no the owner, the police department may require proof of the owner’s permission, including a notarized authorization, for the person to receive custody of the vehicle. The police department may also require that any parking citations outstanding against the vehicle or its registration plate be paid prior to release. The owner of the vehicle shall be responsible for all towing and storage charges incurred, and the towing company is authorized not to deliver custody of the vehicle to anyone presenting a police department release until said charges are satisfied and a vehicle release administrative fee in accordance with Section 2801 of Chapter 28 of this code shall be paid.

ARTICLE V ABANDONED VEHICLES

Section 9817.               Definitions.

Abandoned vehicles. Abandoned vehicles means any motor vehicle, trailer, or semi-trailer,

A.        That is partially dismantled or inoperable and left unattended on public property or a public right of way for more than forty-eight (48) hours;

B.         That is illegally on public property or a public right of way;

C.        That is on private property without the consent of the owner or person in control of the property;

D.        That is on public property or a public right of way; and

(1)        is not displaying currently valid registration plates; or

(2)        is displaying registration plates of another vehicle.

(O-07-01)

Section 9818.               Abandoned Vehicles Prohibited

A. It shall be illegal to park or cause or allow to be parked an abandoned vehicle on the streets or other public property within the Town of Landover Hills.

B. The Landover Hills Police Department may take any abandoned vehicle into custody. For this purpose,. The police department may use its own personnel, equipment and facilities or use other persons, equipment, and facilities for removing, preserving, and storing abandoned vehicles and may charge the owner with all costs and expenses for removing, preserving and storing the vehicle.

Section 9819.               Penalty Provisions Generally

Violations of this Chapter are declared to be a misdemeanor or municipal infraction, as stated in Chapter 28 “Fees and Penalties” Section 2802 “Penalties” of the Code of the Town of Landover Hills, and the penalty for such violation shall be as stated in Chapter 28 “Fees and Penalties” Section 2802 “Penalties” of the Code of the Town of Landover Hills.