Md. Code, Local Government, Title 5

Md. Code, Local Government, Title 5
in effect

Md. Code, Local Government § 5-102

(a) This section does not affect any agreement existing before October 1, 1997, between a county and a municipality concerning the imposition of development impact fees. (b) If a county imposes a development impact fee on new residential construction to finance the costs of school construction, a municipality shall assist the county by: (1) collecting and remitting the fee for new residential construction in the municipality to the county; or (2) requiring the fee to be paid to the county in accordance with the county development impact fee law or ordinance. (c) The application of any impact fee paid under subsection (b) of this section shall have a rational nexus to the project for which the fee is assessed.

Md. Code, Local Government § 5-103

(a) In this section, “junkyard” means: (1) a public or private dump; (2) an automobile junkyard; (3) an automotive dismantler or recycler facility; (4) a scrap metal processing facility; (5) an outdoor place where old motor vehicles are stored in quantity or dismantled; or (6) a lot on which refuse, trash, or junk is deposited. (b) An ordinance adopted under this section does not apply to a business licensed on or before June 30, 2004, as an automotive dismantler and recycler or a scrap processor under § 15–502 of the Transportation Article. (c) By ordinance, the legislative body of a municipality may regulate the location and operation of junkyards in the municipality to: (1) protect the residents of the municipality from unpleasant and unwholesome conditions and deteriorating neighborhoods; (2) preserve the beauty and aesthetic value of rural or residential areas; (3) safeguard the public health and welfare; (4) promote good civic design; and (5) promote the health, safety, morals, order, convenience, and prosperity of the community. (d) The ordinance may: (1) require that each person who operates or maintains a junkyard obtain an annual license; and (2) provide for a reasonable fee for a license. (e) (1) Before adopting an ordinance under subsection (c) of this section, the legislative body of the municipality shall hold a public hearing. (2) An ordinance adopted in violation of this subsection is void. (f) The legislative body of the municipality shall publish notice of the date, time, and place of the public hearing in a newspaper of general circulation in the municipality not less than four times, at weekly intervals, within a period of at least 30 days before the date of the hearing. (g) (1) A person who violates an ordinance adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine of not less than $25. (2) Each day that a violation continues is a separate offense. (h) The legislative body of the municipality may declare a violation of an ordinance adopted under this section to be a municipal infraction under Title 6, Subtitle 1 of this article.

Md. Code, Local Government § 5-104

A municipality may contract with a county to dispose of garbage or other matter collected in the municipality at an incinerator or plant operated under § 13–403 of this article.

Md. Code, Local Government § 5-105

(a) The legislative body of a municipality may adopt an ordinance regulating the licensing, location, and operation in the municipality of a business establishment that allows on its premises any activity involving nudity and sexual displays listed under § 4–605 of the Alcoholic Beverages and Cannabis Article. (b) (1) A person who violates an ordinance adopted under subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine of not less than $500 or both. (2) Each day that a violation continues is a separate offense.

Md. Code, Local Government § 5-106

(a) In this section, “conservation area” means an area in a municipality that the legislative body of the municipality finds to be so affected by blight and community or property deterioration as to require comprehensive renovation and rehabilitation. (b) This section does not apply to or affect: (1) Anne Arundel County; (2) Calvert County; (3) Howard County; (4) Kent County; (5) Somerset County; (6) Wicomico County; or (7) Worcester County. (c) The legislative body of a municipality may: (1) establish and define the boundaries of a conservation area in the municipality; and (2) establish and vest in any unit of the municipality, for a period not exceeding 5 years, exclusive jurisdiction or authority to enforce in the conservation area the laws, ordinances, codes, rules, and regulations the legislative body of the municipality considers expedient. (d) This section does not authorize a unit of the municipality established under subsection (c) of this section to interfere with the powers of a law enforcement authority in a municipality.

Md. Code, Local Government § 5-201

This subtitle does not authorize the legislative body of a municipality to adopt an ordinance that is inconsistent with or conflicts with any rule or regulation adopted by the Maryland–National Capital Park and Planning Commission or the Washington Suburban Sanitary Commission.

Md. Code, Local Government § 5-202

The legislative body of a municipality may adopt ordinances to: (1) assure the good government of the municipality; (2) protect and preserve the municipality’s rights, property, and privileges; (3) preserve peace and good order; (4) secure persons and property from danger and destruction; and (5) protect the health, comfort, and convenience of the residents of the municipality.

Md. Code, Local Government § 5-203

(a) In addition to, but not in substitution of, the powers that have been or may be granted to it, the legislative body of a municipality may exercise the express powers provided in this subtitle by adopting ordinances. (b) Except as provided in Article XI–E of the Maryland Constitution, an ordinance adopted by the legislative body of a municipality may not conflict with State law.

Md. Code, Local Government § 5-204

(a) (1) A municipality may change its corporate name. (2) Before an ordinance under this subsection takes effect, a municipality shall submit the ordinance to the qualified voters of the municipality for their approval at a regular or special municipal election. (3) A change of name may not affect any right, duty, or obligation of the municipality. (b) A municipality may have a seal. (c) A municipality may: (1) acquire by conveyance, purchase, or condemnation any real or leasehold property needed for a public purpose; (2) construct buildings on municipal property for the benefit of the municipality; and (3) sell, at public or private sale after 20 days’ public notice, and convey to the purchaser any real or leasehold property belonging to the municipality if the legislative body of the municipality determines that the property is no longer needed for public use. (d) (1) A municipality may grant franchises in accordance with public general law or public local law. (2) A municipality may grant a franchise for a cable television system as provided in § 1–708 of this article. (3) For any franchise granted under this subsection, a municipality may: (i) impose franchise fees; and (ii) adopt rates, rules, and regulations. (e) A municipality may exercise the licensing authority granted by law. (f) A municipality may: (1) establish and regulate markets in the municipality; and (2) license the sale of merchandise in the markets.

Md. Code, Local Government § 5-205

(a) (1) A municipality may provide for the control and management of its finances. (2) The municipality may: (i) designate the banks or trust companies of the State in which the municipality shall deposit all money belonging to the municipality; and (ii) provide for the appointment of an auditor or accountant to audit the books and accounts of municipal officers collecting, handling, or disbursing money belonging to the municipality. (b) (1) A municipality may spend money for any public purpose and to affect the safety, health, and general welfare of the municipality and its occupants. (2) Except as provided in paragraph (4) of this subsection, a municipality may not spend money under paragraph (1) of this subsection if the money was not appropriated at the time of the annual levy. (3) Except as provided in paragraph (4) of this subsection, a municipality may spend money only for the purpose for which the money was appropriated. (4) A municipality may spend money for a purpose different from the purpose for which the money was appropriated or spend money not appropriated at the time of the annual levy if approved by a two–thirds vote of all the individuals elected to the legislative body. (c) A municipality may provide for: (1) the purchase of materials, supplies, and equipment through the Department of General Services; (2) municipal advertising; (3) printing and publishing statements of its receipts and expenditures; and (4) codifying and publishing laws, ordinances, resolutions, and regulations. (d) (1) Except as otherwise provided under this article, the Tax – General Article, and the Tax – Property Article, a municipality may establish and collect reasonable fees and charges: (i) for franchises, licenses, or permits granted by the municipality; or (ii) associated with the exercise of a governmental or proprietary function exercised by a municipality. (2) A municipality may provide that any valid charge, tax, or assessment made against real property in the municipality is a lien on the property to be collected in the same manner as municipal taxes. (e) A municipality may enter into an agreement with other municipalities for purposes including: (1) the joint administration of the municipalities; (2) the cooperative procurement of goods and services, including construction services; (3) the provision of municipal services; and (4) the joint funding and management of any project that is centrally located to the municipalities.

Md. Code, Local Government § 5-206

(a) (1) A municipality may establish a merit system in connection with the appointment of any municipal official or employee not elected or appointed under the Maryland Constitution, public general law, or public local law. (2) In accordance with § 4–303 of the State Personnel and Pensions Article, a municipality may request and use the facilities of the Department of Budget and Management in the administration of a merit system established under paragraph (1) of this subsection. (b) A municipality may set the compensation of municipal officers and employees. (c) A municipality may provide for: (1) a retirement or pension system or a group insurance plan for its officers and employees; or (2) including its officers and employees in any retirement or pension system operated by or in conjunction with the State, on the terms and conditions set forth in State law. (d) (1) Subject to paragraph (2) of this subsection, a municipality may provide for the removal or temporary suspension from office of an appointed municipal officer for: (i) inefficiency; (ii) malfeasance; (iii) misfeasance; (iv) nonfeasance; (v) misconduct in office; or (vi) insubordination. (2) Before removing or suspending any officer, the municipality shall notify the officer and conduct a hearing. (3) A municipality may provide for filling the vacancy caused by the removal or suspension. (e) Subject to its municipal charter, a municipality may provide for special elections for municipal purposes at times and places determined by the municipality.

Md. Code, Local Government § 5-207

(a) A municipality may establish and maintain: (1) a fire department; and (2) a police force. (b) A municipality may: (1) provide for the removal of fire hazards; (2) control the use and handling of dangerous and explosive materials; and (3) prevent the discharge of firearms or other explosive instruments. (c) A municipality may: (1) pay rewards for information relating to crime committed in the municipality; (2) prohibit vagrancy, vice, gambling, and houses of prostitution in the municipality; (3) enforce all ordinances relating to disorderly conduct and nuisances equally: (i) within the municipality; and (ii) up to one–half mile outside the municipal limits, except where there is a conflict with the powers of another municipality; and (4) prohibit minors from being on the streets and in public places at certain hours of the night.

Md. Code, Local Government § 5-208

(a) A municipality may provide for the creation, appointment, duties, and powers of a board of port wardens to exercise jurisdiction in the municipality. (b) (1) A board of port wardens may regulate the placement or construction of structures or other barriers in or on the waters of the municipality. (2) The board may: (i) issue licenses to build wharves or piers; and (ii) issue permits for mooring piles, floating wharves, buoys, and anchors. (3) When issuing licenses or permits under paragraph (2) of this subsection, the board shall consider: (i) the present and proposed uses of the waters; (ii) the effect of the present and proposed uses of the waters on marine life, wildlife, conservation, water pollution, erosion, and navigational hazards; (iii) the effect of the proposed use of the waters on congestion in the waters; (iv) the effect of the proposed use of the waters on other riparian property owners; and (v) the present and projected needs for any proposed commercial or industrial use in or on the waters of the municipality. (4) The board shall ensure that the improvements do not render navigation too close and confined. (5) The board may regulate the materials for and construction of the improvements. (6) This subsection does not affect the zoning power of the municipality. (c) (1) Unless a person has been granted a license or permit from the board of port wardens, a person may not: (i) build a wharf or pier; (ii) move any earth or other material for the purpose of building a wharf or pier; or (iii) place or construct mooring piles, floating wharves, buoys, or anchors. (2) A person may not build a wharf or pier: (i) a greater distance into the water than approved by the board; or (ii) in a different form or of different materials than approved by the board. (3) A person who violates this subsection is subject to a fine set by the legislative body of the municipality. (d) A person aggrieved by a decision of a board of port wardens may appeal the decision: (1) to the legislative body of the municipality; or (2) if authorized by ordinance, to the circuit court of the appropriate county.

Md. Code, Local Government § 5-209

(a) This section does not affect any public general law or public local law relating to health or the powers and duties of: (1) the Secretary of Health; or (2) a county board of health. (b) A municipality may appoint a board of health and establish its powers and duties. (c) A municipality may: (1) establish quarantine regulations; (2) authorize the removal or confinement of individuals having infectious or contagious diseases; (3) prevent and remove nuisances; (4) prevent the introduction of contagious diseases into the municipality; and (5) regulate any place where noxious things are manufactured, offensive trades are conducted, or that may cause unsanitary conditions or conditions detrimental to health. (d) A municipality may: (1) regulate or prohibit the throwing or depositing of dirt, garbage, trash, or liquids in a public place; and (2) provide for the proper disposal of these materials. (e) A municipality may: (1) regulate the interment of bodies; and (2) control the location and establishment of cemeteries.

Md. Code, Local Government § 5-210

A municipality may provide for, maintain, and operate community and social services to preserve and promote the health, recreation, and welfare of the residents of the municipality.

Md. Code, Local Government § 5-211

(a) A municipality may adopt regulations regarding the erection of buildings and signs in the municipality, including: (1) a building code; and (2) requirements for building permits. (b) A municipality may provide for the inspection of and require repairs to the following on private property: (1) drainage and sewage systems; (2) electric lines and wires; (3) gas pipes; (4) plumbing apparatus; and (5) water pipes.

Md. Code, Local Government § 5-212

(a) It is the policy of the State that: (1) the orderly development and use of land and structures requires comprehensive regulation through implementation of planning and zoning controls; and (2) planning and zoning controls shall be implemented by local government. (b) (1) To achieve the public purposes of the policy set forth under subsection (a) of this section, the General Assembly recognizes that local government action will displace or limit economic competition by owners and users of property. (2) It is the policy of the State that competition and enterprise shall be displaced or limited for the attainment of the purposes of the State policy for implementing planning and zoning controls as set forth in this article and elsewhere in public general law and public local law. (c) This section does not: (1) grant to a municipality powers in any substantive area not otherwise granted to the municipality by other public general law or public local law; (2) restrict a municipality from exercising any power otherwise granted to the municipality; (3) authorize a municipality or its officers to engage in any activity that is otherwise beyond the power of the municipality or its officers; or (4) preempt or supersede the regulatory authority of any State unit.

Md. Code, Local Government § 5-213

A municipality may adopt zoning regulations, subject to any right of referendum of the voters at a regular or special election as may be provided by the municipal charter.

Md. Code, Local Government § 5-214

(a) Section 18–301 of this article applies to the use of federal or State financial assistance for commercial or industrial redevelopment projects. (b) (1) In this subsection, “authority” means a commercial district management authority. (2) A municipality may establish an authority for any commercial district in the municipality. (3) For each authority established, a municipality shall: (i) specify the membership, organization, jurisdiction, and geographical limits of the authority; (ii) provide financing for the authority through fees that may be charged to, or taxes that may be imposed against, any business subject to the authority’s jurisdiction; and (iii) specify the purposes of the authority, including: 1. promotion; 2. marketing; or 3. the provision of security, maintenance, or amenities in the district. (4) An authority may not: (i) exercise the power of eminent domain; (ii) purchase, sell, construct, or lease, as lessor, office or retail space; or (iii) except as otherwise authorized by law, engage in competition with the private sector. (5) Any fee or tax imposed under this subsection shall be used only for the purposes stated in this subsection and may not revert to the general fund of the municipality.

Md. Code, Local Government § 5-215

(a) This section applies only to a municipality that has urban renewal authority granted under Article III, § 61 of the Maryland Constitution. (b) Subject to subsection (e) of this section, a municipality may: (1) acquire property of any kind in the municipality, including any right, interest, franchise, easement, or privilege attached to the property, by purchase, lease, gift, condemnation, or any other legal means for development or redevelopment of the property, including comprehensive renovation or rehabilitation; and (2) sell, lease, convey, transfer, or otherwise dispose of any property acquired under item (1) of this subsection, to any person or public or quasi–public entity: (i) whether or not the property has been developed, redeveloped, altered, or improved; and (ii) regardless of how the property was acquired. (c) (1) A municipality shall provide just compensation to the owner of any property acquired by the municipality under subsection (b) of this section if the property is taken by eminent domain. (2) The amount of compensation paid to an owner under paragraph (1) of this subsection shall be determined by: (i) an agreement by the parties to the transaction; or (ii) a jury award. (3) A municipality shall pay the amount of compensation determined under paragraph (2) of this subsection to the owner before taking the property. (d) Any property needed, or taken by eminent domain, by a municipality for the purposes in subsection (b) of this section or in connection with the exercise of any power of a municipality under this section is considered to be needed or taken for a public use or benefit. (e) Before acquiring a single–family or multifamily dwelling unit or other structure under this section, a municipality shall find that: (1) the dwelling unit or structure has deteriorated to an extent that constitutes a serious and growing menace to the public health, safety, and welfare; (2) the dwelling unit or structure is likely to continue to deteriorate; (3) the continued deterioration of the dwelling unit or structure will contribute to the blighting or deterioration of the area immediately surrounding the dwelling unit or structure; and (4) the owner of the dwelling unit or structure has not corrected the deterioration. (f) The legislative body of a municipality shall adopt an ordinance for each acquisition of property made under this section.

Md. Code, Local Government § 5-216

(a) A municipality may establish and maintain any park, garden, playground, or recreational facility that the municipality determines is for the benefit of the health and welfare of the municipality and its residents. (b) (1) Subject to paragraph (2) of this subsection, a municipality may acquire by gift, grant, bequest, or devise and hold property absolutely or in trust for: (i) parks or gardens; (ii) the erection of statues, monuments, buildings, or structures; or (iii) any public use. (2) The municipality shall acquire, hold, or use property under this subsection on the terms and conditions required by the grantor or donor and accepted by the municipality. (3) The municipality shall provide for the administration of any property accepted by the municipality under this subsection. (4) Subject to the terms and conditions of the original grant, the municipality may convey any property accepted by the municipality under this subsection if the municipality determines that the property is no longer needed for public purposes. (c) A municipality may establish, maintain, and support a municipal band or musical organization.

Md. Code, Local Government § 5-217

A municipality may require the owners of property to keep the sidewalks on the property clean and free from snow, ice, or other obstructions.

Md. Code, Local Government § 5-218

The express powers contained in this subtitle are intended to and shall be deemed to incorporate and include the power and authority contained in Title 5, Subtitle 8, Part II of the General Provisions Article.

Md. Code, Local Government § 5-301

(a) In this subtitle the following words have the meanings indicated. (b) “Private community” means: (1) a community governed by a homeowners association, as defined under the Maryland Homeowners Association Act; (2) a condominium, as defined under the Maryland Condominium Act; or (3) a cooperative housing corporation, as defined under the Maryland Cooperative Housing Corporation Act. (c) “Residential street service” means: (1) removing snow, ice, or other obstructions from roadways; (2) lighting roadways and maintaining the lighting equipment; (3) collecting leaves, recyclable materials, or garbage along roadways; or (4) maintaining roadways. (d) “Roadway” means a paved surface that provides vehicular access or is designated for parking.

Md. Code, Local Government § 5-302

(a) (1) The governing body of a municipality that provides residential street service may make an agreement with a private community that qualifies under paragraph (2) of this subsection concerning: (i) the provision of residential street service to the private community by the municipality; or (ii) instead of providing residential street service, the reimbursement to the private community of an amount not to exceed the cost that the municipality would incur to provide residential street service. (2) The governing body of a municipality may make an agreement under this section with a private community that: (i) lies wholly or partly in the municipality; and (ii) has at least one–quarter mile of roadway. (b) An agreement entered into under this section may require the private community to: (1) pay any insurance rider that the municipality requires to enable vehicles owned or contracted by the municipality to operate on a roadway in the private community; and (2) regarding a roadway in the private community that is to be used to provide residential street service: (i) allow the roadway to be dedicated to public use; and (ii) unless maintenance of the roadway is provided by the municipality, maintain the roadway at a level of service satisfactory to the municipality.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026