Agenda Item 7
February 9, 2016
Public Hearing
MEMORANDUM
February 7,2016
TO:
FROM:
SUBJECT:
County Council
IlfJ
I
~
Josh Hamlin, Legislative
Attorne~
Public Hearing:
Bill 1-16, Solid Waste - Illegal Dumping and Litter Control
Bill 1-16, sponsored by Lead Sponsors Councilmembers Navarro and Rice and Co­
Sponsors Councilmembers Leventhal and Riemer, Council President Floreen, and
Councilmembers Katz, EIrich, Hucker and Berliner, was introduced on January 19, 2016. A
Transportation, Energy, Infrastructure and Environment Committee worksession is tentatively
scheduled for March 10, 2016 at 2:00 p.m.
Background
Bill 1-16 would amend the existing County law prohibiting on the disposal of litter on
certain public and private property to provide additional penalties as authorized in a 2015
amendment to State law. State law generally prohibits littering on public and private property, and
authorizes municipal corporations to prohibit littering and treat violations as municipal infractions.
The State prohibition includes escalating criminal penalties based on the amount oflitter, and also
authorizes a court to award certain equitable relief. Prior to 2015, only Prince George's and Calvert
Counties were specifically authorized
to
impose criminal penalties and civil penalties up the
specified criminal penalties and civil penalties under State law. Montgomery County was limited
to imposing penalties consistent with the authorization under Maryland Local Government Code,
§
1O-202(b):
(l)
civil fines not exceeding $1,000; or (2) criminal fines and penalties not exceeding
$1,000 and imprisonment not exceeding 6 months. Under the existing County law, illegal littering
is a Class A violation.
In
its 2015 session, the Maryland General Assembly enacted HB 106 (<<:>13-14), that added
Montgomery County to the counties authorized to impose additional penalties up to those in the
State law. Bill 1-16 will implement that new authority, so that a violation of the County anti­
littering law will be punishable as follows:
(1) a maximum civil fme of $500 for a first offense, and $1,000 for subsequent
offenses; or
(2) a criminal penalty as follows:
(A) disposal of litter in an amount not exceeding 100 pounds or 27 cubic feet
and not for commercial gain is a misdemeanor subject to imprisonment not
exceeding 30 days or a fine not exceeding $1,500 or both.
(B) disposal of litter in an amount exceeding 100 pounds or 27 cubic feet, but
not exceeding 500 pounds or 216 cubic feet, and not for commercial gain is
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(3)
a misdemeanor subject to imprisonment not exceeding 1 year or a fine not
exceeding $12,500 or both.
(C) disposal of litter in an amount exceeding 500 pounds or 216 cubic feet or in
any amount for commercial gain is a misdemeanor subject to imprisonment
not exceeding 5 years or a fine not exceeding $30,000 or both.
In addition to the above penalties a court may order a violator to:
(A) remove or render harmless the litter disposed ofin violation of this section;
(B) repair or restore any property damaged by, or pay damages for, the disposal
of the litter
in
violation of this section;
(C) perform public service relating to the removal of litter disposed of in
violation of this section or to the restoration of an area polluted by litter
disposed of in violation of this section; or
(D) reimburse the State, the County, or a municipal corporation or bi-county
unit for its costs incurred in removing the litter disposed of in violation of
this section.
The existing County Code section that prohibits littering also prohibits the unauthorized
disposal of garbage or solid waste in a collector'sl container. This prohibition is not included in
the State law, and thus not subject to the enhanced penalties now authorized. Bill 1-16 would
retain this prohibition, with violations as Class A violations, by adding a new section to separate
it from the general littering prohibition.
This packet contains:
Bill 1-16
Legislative Request Report
HB 106
Circle #
1
11
13
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is defmed as "any person who contracts to collect and provide services for collection and/or
transporting the solid waste of others to its disposal site."
2
1
"Collector"
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Bill No.
1-16
Concerning: Solid Waste -
llleaal
Dumping and Litter Control
Revised: February 4, 2016 Draft No.
L
Introduced:
January 19, 2016
Expires:
July 19, 2017
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective:
-:--~
_ _ _ _ _ __
Sunset Date:
-,N~o~n~e:--~
_ _ __
Ch.
Laws
of Mont Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmembers Navarro and Rice
Co-sponsors: Councilmembers Leventhal, Reimer, Council President Floreen and Councilmembers
Katz, EIrich, Hucker and Berliner
AN
ACT to:
(1) prohibit the disposal oflitter on certain public and private property;
(2) provide penalties for violations in accordance with State law; and
(3) generally amend the County law regarding Solid Waste.
By amending
Montgomery County Code
Chapter 48, Solid Waste (Trash)
Sections 48-1 and 48-11
By adding
Montgomery County Code
Chapter 48, Solid Waste (Trash)
Section 48-11A
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
."
."
."
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves thefollowing Act:
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BILL
No.
1-16
1
2
3
Sec 1. Sections 48-1 and 48-11 are amended as follows:
48-1. Definitions.
In
this Chapter, the following words and phrases have the following meanings:
4
5
6
Base solid waste management services[:Those]
means those solid waste
management services that benefit all generators of solid waste and all persons who
collect, store, transport, or otherwise handle solid waste.
7
8
9
Base systems benefits charger:
The] means the portion of the systems benefit
charge which covers all or a portion of the costs of base solid waste management
servIces.
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11
12
Bi-county unit
means:
ill
ill
the Maryland-National Capital Park and Planning Commission; or
the Washington Suburban Sanitary Commission.
~
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14
15
Collection contractor[:
A] means
private company under contract with the
County to provide solid waste collection services to dwelling units with less than 7
units within the Solid Waste Collection Districts.
16
17
18
19
Collector[:
Any] means any person who contracts to collect and provide
services for collection and/or transporting the solid waste of others to its disposal
site.
Director[:
The] means the Director of the Department of Environmental
Protection, or the Director's designee.
20
21
[Director ofFinance:
The Director of Finance or the Director's designee.]
Director ofFinance[:
The] means the Director of Finance or the Director's
designee.
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23
24
25
26
27
Disposal refuser:
All] means all solid waste which is acceptable for disposal,
as designated in executive regulations adopted by the County Executive pursuant to
Section 48-6 of this Chapter, which is delivered to a County solid waste acceptance
facility for disposal by the County.
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BILL No. 1-16
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Dumpster[:
A] means
~
container for solid waste collection or storage with a
volume at least 90 gallons or one-half cubic yard.
Dwelling unit[:
A] means
~
building or part thereof arranged or designed for
occupancy by not more than one family for living purposes and having cooking
facilities.
Garbage[:
All] means all organIc waste materials resulting from the
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preparation, cooking, handling or storage of food.
Generator[:
The] means the owner or occupant of any dwelling unit where
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solid waste is generated, and the owner or occupant of any other business, entity or
institution at, from, or by which solid waste is generated.
Hauler[:
Any] means any person operating a commercial business or engaged
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in any enterprise regularly generating solid waste which requires collecting and
hauling to an approved point of disposal, when such collecting and hauling is done
by the person generating such material in his own vehicles or in vehicles leased for
the purpose, in lieu of having a licensed collector perform this service.
Incremental solid waste management services[:
Those] means those solid
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46
waste management services that benefit some but not all generators of solid waste
or some but not all persons who collect, store, transport, or otherwise handle solid
waste.
Integrated solid waste management system[:
The] means the County's system
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48
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of managing solid waste as that system is revised from time to time in the County's
Comprehensive Solid Waste Management Plan. The system may include all aspects
of solid waste management and handling, including any waste reduction program,
recycling program or facility, disposal program or facility, and any qther program
related to the collection, management and disposal of solid waste.
Incremental systems benefit charger:
The] means the portion of the systems
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53
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benefit charge which covers all or a portion of the costs of incremental solid waste
(j)
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BILL
No. 1-16
55
management services.
Litter
means solid waste.
Medical waster:
Waste] means waste, sometimes classified as "special,"
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"hazardous," "contaminated," "infectious," etc., including utensils, bandages,
containers or any other material issuing from all human patient care, diagnosis and
surgical areas; animal bedding and feces; disposable laboratory equipment, and their
contents; materials resulting from and/or exposed to infectious animal care and
laboratory procedures; all disposable needles and syringes; all other disposable
materials from out-patient areas for human and animal patients, where presence of
pathogenic organisms are diagnosed or suspected.
Medicallpathological waste generator[:
Any] means any hospital, laboratory,
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clinic, institution, medical building, physician's office or any other point of origin
where medical/pathological wastes are produced.
Medicallpathological waste incinerator[:
Any] means any incinerator located
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on the premises of a medical/pathological waste generator which is designed and
constructed to be used exclusively for the disposal of medical and/or pathological
wastes.
Motor vehicle administration[:
The] means the motor vehicle administration,
73
Department of Transportation, for the State of Maryland.
Pathological waste:
Waste, some of which may be considered infectious,
74
75
including human or animal organs or body parts, carcasses and similar organic waste
from hospitals, laboratories, animal pounds, slaughterhouses or other similar
sources.
Person[:
The] means the County or any agency or institution thereof, public
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or private corporation, individual, partnership or other entity, including any officer
or governing or managing body of any public or private corporation.
Public or private property
means:
0)
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W$1:e·
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BILL
No.
1-16
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ill
the right-of-way of.§: road or highway;
ill.§: body of water or watercourse or the shores or beaches of .§: body of
water or watercourse;
ill.§: park;
ill.§: parking facility;
ill.§: playground;
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@
public service company property or transmission line right-of-way;
ill.§: building;
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00.
ill
.§: refuge or conservation or recreation area;
residential or farm property; or
timberlands or .§: forest.
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am
Slant-sided refuse container[:
"Slant-sided refuse container"] means a metal
receptacle with a top surface area greater than the bottom surface area and having an
internal volume greater than one cubic yard which temporarily receives and holds
refuse for ultimate disposal either by unloading into the body or loading hopper of a
refuse collection vehicle or by other means.
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100
Sludge[:
Residual] means residual materials, usually in a highly concentrated
fonn, which result from the treatment of sewage and/or water, including industrial
and domestic wastewater; such residue may include but is not limited to digested,
undigested, dewatered and underwatered residuals.
101
102
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Solid waste[:
All] means all waste materials and debris, including any
garbage, sludge, medical/pathological waste, debris from building construction,
ashes, junk, industrial waste, dead animal, salvable waste, dead or felled tree,
uprooted tree stump, slash, tree limb, bush, plant, leaves, grass, garden trimmings,
street refuse, abandoned vehicle, machinery, bottle, can, waste paper, cardboard,
sawdust and slash from sawmill operations, and any other waste materials. Solid
waste also includes any automobile, truck, box, container, tire, appliance, furniture,
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BILL
No. 1-16
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or recreational equipment that is in a state of disrepair or disfunction, unless the item
is awaiting removal or being repaired or renovated for the personal use of the owner
or occupant and the repair, renovation or removal is completed within 30 days. Solid
waste also includes any recyclable solid waste.
Solid waste acceptance facility[:
Any] means any state-approved sanitary
landfill, central processing facility, transfer station, medical/pathological waste
incinerator or any other type of plant the primary purpose of which is for the
disposal, treatment or processing of solid waste.
Solid waste acceptancefee[:
The] means the charge established for use of the
County solid waste acceptance facilities.
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Solid waste collection charger:
A] means!! charge established for the service
of collecting solid waste in a Solid Waste Collection District
120
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Solid waste collection districts[:
Special] means special service districts
established from time to time, consisting of certain areas of the County as defined
on maps in the office ofthe Director, in which solid waste is collected by the County
or its contractor.
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123
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125
Solid waste charger:
A] means!! charge established for use of County solid
waste acceptance facilities for disposal, recycling, or otherwise processing or
handling of solid waste.
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Solid waste management district[:
A] means a special service district
consisting of all of Montgomery County.
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Solid waste management service[:
Any] means any service provided by or on
behalfofthe County to plan, implement, or administer any part ofan integrated solid
waste management system.
Systems benefit charge[:
An] means an annual service charge reflecting all or
a portion of the cost to the County of providing base and incremental solid waste
management services.
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BILL No. 1-16
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Tax
bill[:
The] means the real property tax bill prepared by the Director of
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Finance as collector of State and County taxes and sent to all persons against whom
State and County real property taxes are assessed.
*
*
*
48-11. [Dumping garbage or solid waste on land of anther, or into another's
container(s), or upon any public highway; penalty] Illegal dumping and litter
control.
[It
shall be unlawful for any person to throw, dump or deposit any garbage or other
solid waste upon the land or property of another or into the approved container(s)
for storage of solid waste owned, rented by or maintained by a collector on behalf
of another without written consent fIrst having been obtained from the owner or
rightfully intended user thereof, or under the personal direction of such owner or
rightfully intended user, or to throw, dump or deposit any garbage or other solid
waste upon any public highway of the county; and any violation of this section shall
be punished as a class A violation as set forth in section 1-19 of chapter 1 of the
County Code.]
ill
Litteringprohibited.
A person must not:
ill
dispose of litter on
§;
highway or violate State vehicle laws
regarding disposal of litter, glass, and other prohibited
substances on highways; or
ill
dispose
or cause or allow the disposal
litter on public or
private property unless:
ill
the property is designated
Qy
the State,
§;
unit ofthe State,
or
§;
political subdivision of the State for the disposal of
litter and the person is authorized
Qy
the proper public
authority to use the property; or
the litter is placed into
§;
litter receptacle or container
(j)
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BILL
No.
1-16
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installed on the property.
(Q)
Presumption
gf
responsibility.
If two or more individuals occupy
~
vehicle from which litter is disposed in violation of subsection
W1
and
it cannot be determined which occupant is the violator:
ill
ill
ifpresent, the owner of the vehicle is presumed to be responsible
for the violation; or
ifthe owner ofthe vehicle is not present, the operator is presumed
to be responsible for the violation.
lia
Property owner not in court.
Notwithstanding any other law, ifthe facts
172
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of
~
case in which
~
person is charged with violating this Section are
sufficient to prove that the person is responsible for the violation, the
owner of the property on which the violation allegedly occurred need
not be present at
~
court proceeding regarding the case.
@
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Penalty.
A person who violates this Section is subject to the following
penalties:
ill
ill
~
maximum civil fine of$500 for
~
first offense, and $1,000 for
179
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181
subsequent offenses; or
~
criminal penalty as follows:
A person who disposes of litter
in
violation of this Section
(A)
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183
in
an amount not exceeding 100 pounds or 27 cubic feet
and not for commercial gain is guilty of
~
misdemeanor
and on conviction is subject to imprisonment not
exceeding 30 days or
~
fine not exceeding $1,500 or both.
184
185
186
187
.ffi)
A person who disposes of litter in violation of this Section
in an amount exceeding 100 pounds or 27 cubic feet, but
not exceeding 500 pounds or 216 cubic feet, and not for
commercial gam
IS
188
189
guilty of
~
misdemeanor and on
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No.
1-16
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conviction is subject to imprisonment not exceeding 1 year
or
~
fIne not exceeding $12,500 or both.
(Q
A person who disposes of litter in violation ofthis Section
in an amount exceeding 500 pounds or 216 cubic feet or
in any amount for commercial gain is guilty of
misdemeanor
and
on
conviction
IS
~
subject
to
imprisonment not exceeding
exceeding $30,000 or both.
.2.
years or a fine not
ill
In
addition to the penalties provided under paragraphs
ill
and
ill
of this subsection,
~
court may order the violator to:
(A)
remove or render harmless the litter disposed of in
violation of this section;
ill)
repair or restore any property damaged
Qy,.
or
~
damages
for, the disposal ofthe litter in violation ofthis section;
(Q
perform public service relating to the removal of litter
disposed of in violation ofthis section or to the restoration
of an area polluted by litter disposed of in violation ofthis
section; or
ill2
reimburse the State, the County, or
£!
municipal
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213
corporation or bi-county unit for its costs incurred in
removing the litter disposed of in violation of this section.
Sec 2. Section 48-11A is added as follows:
48-11A. Disposal of garbage or solid waste in!!. collector's container.
A person must not dispose of garbage or solid waste in an approved container
for storage of solid waste owned, rented by or maintained
hy
~
collector on behalf
of another without first obtaining written consent from the owner or rightfully
intended user, or under the personal direction of the owner or rightfully intended
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215
216
o
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BILL
No. 1-16
217
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219
user.
Approved:
Nancy Floreen, President, COWlty COWlcil
Date
220
221
Approved:
Isiah Leggett, COWlty Executive
Date
222
223
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the COWlcil
Date
224
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LEGISLATIVE REQUEST REPORT
Solid Waste
Bill 1-16
Illegal Dumping and Litter Control
DESCRIPTION:
Bill 1-16 would amend the existing County law prohibiting on the
disposal of litter on certain public and private property to provide
additional penalties as authorized in a 2015 amendment to State law.
Illegal dumping and littering on public and private property is a
persistent problem for which the standard authorized penalties for a
municipal infraction are inadequate.
Implement authority granted by the Maryland General Assembly to
authorize additional penalties and relief for violations of the County
anti-littering law.
Department of Environmental Protection
To
be
requested.
To
be
requested.
To be requested.
To be researched.
Josh Hamlin, Legislative Attorney
To
be
researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITIDN
MUNICIPALITIES:
PENALTIES:
(1)
(2)
Under the provisions of Bill 1-16, a violation of the County anti­
littering law will be punishable as follows:
a maximum civil fme of $500 for a first offense, and $1,000 for subsequent
offenses; or
a criminal penalty as follows:
(A) disposal of litter in an amount not exceeding 100 pounds or 27 cubic
feet and not for commercial gain is a misdemeanor subject to
imprisonment not exceeding 30 days or a fine not exceeding $1,500
or both.
(B) disposal oflitter in an amount exceeding 100 pounds or 27 cubic feet,
but not exceeding 500 pounds or 216 cubic feet, and not for
commercial gain is a misdemeanor subject to imprisonment not
exceeding 1 year or a fine not exceeding $12,500 or both.
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(3)
disposal oflitter in an amount exceeding 500 pounds or 216 cubic
feet or in any amount for commercial gain is a misdemeanor subject
to imprisonment not exceeding 5 years or a fine not exceeding
$30,000 or both.
In addition to the above penalties a court may order a violator to:
(A) remove or render harmless the litter disposed of in violation of this
section;
(B) repair or restore any property damaged by, or pay damages for, the
disposal of the litter in violation of this section;
(C) perform public service relating to the removal oflitter disposed of in
violation of this section or to the restoration of an area polluted by
litter disposed of in violation of this section; or
(D)
reimburse the State, the County, or a municipal corporation or bi­
county unit for its costs incurred in removing the litter disposed of in
violation of this section.
(C)
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2
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LAWRENCE J. HOGAN, JR., Governor
Chapter 67
Ch.67
(House Bill 106)
AN ACT concerning
Montgomery County - Illegal Dumping and Litter Control Law - Adoption of
Local Ordinance
MC
11-15
FOR the purpose of authorizing the governing body of Montgomery County
to
adopt a
certain ordinance
to
prohibit littering and to impose certain criminal and civil
penalties; and generally relating to the Illegal Dumping and Litter Control Law.
BY repealing and reenacting, without amendments,
Article - Criminal Law
Section 10-110(f)(1), (2), and (3)
Annotated Code of Maryland
(2012 Replacement Volume and 2014 Supplement)
BY repealing and reenacting, with amendments,
Article - Criminal Law
Section 10-110G)
Annotated Code of Maryland
(2012 Replacement Volume and 2014 Supplement)
SECTION L BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article - Criminal Law
10-110.
(f)
(1)
A person who violates this section is subject to the penalties provided
in this subsection.
(2)
(i)
A person who disposes of litter in violation of this section in an
amount not exceeding 100 pounds or 27 cubic feet and not for commercial gain is guilty of
a misdemeanor and on conviction is subject
to
imprisonment not exceeding 30 days or a
fine not exceeding $1,500 or both.
(ii)
A person who disposes of litter in violation of this section in an
amount exceeding 100 pounds or 27 cubic feet, but not exceeding 500 pounds or 216 cubic
feet, and not for commercial gain is guilty of a misdemeanor and on conviction is subject
to
imprisonment not exceeding 1 year or a fine not exceeding $12,500 or both.
-1­
@
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Ch.67
2015 LAWS OF MARYLAND
(iii) A person who disposes of litter in violation of this section in an
amount exceeding 500 pounds or 216 cubic feet or in any amount for commercial gain is
guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years
or a fine not exceeding $30,000 or both.
In addition to the penalties provided under paragraph
(2)
of this
subsection, a court may order the violator to:
(3)
(i)
this section;
remove or render harmless the litter disposed of in violation of
(ii)
repair or restore any property damaged by, or pay damages for,
the disposal of the litter in violation of this section;
(iii) perform public service relating to the removal of litter disposed
of in violation of this section or to the restoration of an area polluted by litter disposed of in
violation of this section; or
(iv) reimburse the State, county, municipal corporation, or bi--county
unit for its costs incurred in removing the litter disposed of in violation of this section.
(j)
(1)
The legislative body of a municipal corporation may:
(i)
prohibit littering; and
(ii)
classify littering as a municipal infraction under Title
6
of the
Local Government Article.
(2)
The governing bodies of Prince George's County [and], Calvert County,
AND MONTGOMERY COUNTY
may each adopt an ordinance to prohibit littering under
this section and, for violations of the ordinance, may impose criminal penalties and civil
penalties that do not exceed the criminal penalties and civil penalties specified in
subsection
(f)(I)
through
(3)
of this section.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2015.
Approved
by
the
Governor, April
14, 2015.
-2­