Streets, Bridges, and Highways

Baltimore City Public Local Laws subtit. 21

in effect

Baltimore City Public Local Laws, Subtitle 21, § 21-1 Declaration of policy.

§ 21-1 Declaration of policy. The Legislature hereby finds, determines and declares that this subheading is necessary for the immediate preservation of the public peace, health and safety, and for the promotion of the general welfare.

Baltimore City Public Local Laws, Subtitle 21, § 21-2 “Controlled-access facility” defined.

§ 21-2 “Controlled-access facility” defined. For the purposes of this subheading, a controlled-access facility is defined as a highway or street especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no right or easement or only a controlled right or easement of access, light, air, or view by reason of the fact that their property abuts upon such controlled-access facility or for any other reason. Such highways or streets may be freeways open to use by all customary forms of street and highway traffic; or they may be parkways from which trucks, buses and other commercial vehicles shall be excluded.

Baltimore City Public Local Laws, Subtitle 21, § 21-3 Authority to establish.

§ 21-3 Authority to establish. The Mayor and City Council of Baltimore, acting alone or in cooperation with any Federal, State, or local agency having authority to participate in the construction and maintenance of highways, is hereby authorized to plan, designate, establish, regulate, vacate, alter, improve, maintain and provide controlled-access facilities for public use wherever the Mayor and City Council of Baltimore is of the opinion that traffic conditions, present or future, will justify such special facilities. The Mayor and City Council of Baltimore, in addition to the specific powers granted in this subheading, shall also have and may exercise, relative to controlled-access facilities, any and all additional authority now or hereafter vested in it relative to highways or streets within its jurisdiction. Said Mayor and City Council of Baltimore may regulate, restrict, or prohibit the use of such controlled-access facilities by the various classes of vehicles or traffic in a manner consistent with Section 21-3 {sic}.

Baltimore City Public Local Laws, Subtitle 21, § 21-4 Design.

§ 21-4 Design. The Mayor and City Council of Baltimore is authorized to so design any controlled-access facility and to so regulate, restrict, or prohibit access as to best serve the traffic for which such facility is intended. In this connection the Mayor and City Council of Baltimore is authorized to divide and separate any controlled-access facility into separate roadways by the construction of raised curbings, dividing sections or other physical separations, or by designating such separate roadways by signs, markers, stripes, and the proper lane for such traffic by appropriate signs, markers, stripes and other devices. No person shall have any right of ingress or egress to, from, or across controlled-access facilities to or from abutting lands, except at such designated points at which access may be permitted, upon such terms and conditions as may be specified from time to time.

Baltimore City Public Local Laws, Subtitle 21, § 21-5 Acquisition of property.

§ 21-5 Acquisition of property. For the purposes of this subheading, the Mayor and City Council of Baltimore may acquire private or public property and property rights for controlled-access facilities and service roads, including rights of access, air, view, and light, by gift, devise, purchase, or condemnation in the same manner as the Mayor and City Council of Baltimore is now or hereafter may be authorized by law to acquire such properly or property rights in connection with highways and streets within Baltimore City. All property rights and interests acquired under the provisions of this subheading shall be in fee simple except where the Mayor and City Council of Baltimore may deem other interests sufficient. In connection with the acquisition of property or property rights for any controlled-access facility or portion thereof, or service road in connection therewith, the Mayor and City Council of Baltimore may acquire an entire lot, block, or tract of land, if, by so doing, the interest of the public will be best served, even though said entire lot, block or tract is not immediately needed for the right-of-way proper.

Baltimore City Public Local Laws, Subtitle 21, § 21-6 Condemnation cases to have priority.

§ 21-6 Condemnation cases to have priority. Court proceedings necessary to acquire property or property rights for purposes of this subheading shall take precedence over all other causes not involving the public interest in all courts, to the end that the provisions of controlled-access facilities may be expedited.

Baltimore City Public Local Laws, Subtitle 21, § 21-7 New and existing facilities; grade crossings.

§ 21-7 New and existing facilities; grade crossings. The Mayor and City Council of Baltimore may designate and establish controlled-access highways as new and additional facilities or may designate and establish an existing street or highway as included within a controlled-access facility. The Mayor and City Council of Baltimore shall have authority to provide for the elimination of intersections at grade of controlled-access facilities with existing streets, by grade separation or service road, or by closing off such roads and streets at the right-of-way boundary line of such controlled-access facility; and after the establishment of any controlled-access facility, no highway or street which is not part of said facility shall intersect the same at grade. No city, street, or other public way shall be opened into or connected with any such controlled-access facility without the consent and previous approval of the Mayor and City Council of Baltimore. Such consent and approval shall be given only if the public interest shall be served thereby.

Baltimore City Public Local Laws, Subtitle 21, § 21-8 Agreements authorized.

§ 21-8 Agreements authorized. The Mayor and City Council of Baltimore is authorized to enter into agreements with the federal government, and/or with the State of Maryland respecting the financing, planning, establishment, improvement, maintenance, use, regulation or vacation of controlled-access facilities or other public ways in Baltimore City to facilitate the purposes of this subheading.

Baltimore City Public Local Laws, Subtitle 21, § 21-9 Local service roads.

§ 21-9 Local service roads. In connection with the development of any controlled-access facility, the Mayor and City Council of Baltimore is authorized to plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service roads and streets or to designate as local service roads and streets any existing road or street, and to exercise jurisdiction over service roads in the same manner as is authorized over controlled-access facilities under the terms of this subheading, if, in its opinion, such local service roads and streets are necessary or desirable. Such local service roads or streets shall be of appropriate design, and shall be separated from the controlled-access facility proper by means of all devices designated as necessary or desirable by the Mayor and City Council of Baltimore.

Baltimore City Public Local Laws, Subtitle 21, § 21-10 Prohibited conduct; penalties.

§ 21-10 Prohibited conduct; penalties. It is unlawful for any person (1) to drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on controlled-access facilities; (2) to make a left turn or a semicircular or U-turn except through an opening provided for that purpose in the dividing curb section, separation, or line; (3) to drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section or line; (4) to drive any vehicle into the controlled-access facility from a local service road except through an opening provided for that purpose in the dividing curb or dividing section or dividing line which separates such service road from the controlled-access facility proper. Any person who violates any of the provisions of this section is guilty of a misdemeanor and upon arrest and conviction therefor, shall be punished by a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00), or by imprisonment in the City jail for not less than 5 days nor more than 90 days, or by both such fine and imprisonment.

Baltimore City Public Local Laws, Subtitle 21, § 21-11 Severability; conflicts.

§ 21-11 Severability; conflicts. If any section, provision, or clause of this subheading shall be declared invalid or inapplicable to any person or circumstance such invalidity or inapplicability shall not be construed to affect the portions not so held or persons or circumstances not so affected. All laws or portions of laws inconsistent with the policy and provisions of this subheading are hereby repealed to the extent of such inconsistency in its application to controlled-access facilities provided for in this subheading.

Baltimore City Public Local Laws, Subtitle 21, § 21-12 Condemnation awards paid into Court.

§ 21-12 Condemnation awards paid into Court. Whenever any property shall have been condemned in any form or proceeding for the use of the Mayor and City Council of Baltimore, and in consequence of infancy, insanity or absence from the City of any person or persons entitled to receive any money awarded in any such proceedings, conflicting claims, refusal to accept, or any other cause, such money cannot be safely and reasonably paid to any person or persons, it shall be lawful for the Mayor and City Council of Baltimore to file a bill or petition in any Court of Equity in the City or county where the property is condemned, or any portion thereof, lies, and whenever such Court shall be satisfied that, for any of the reasons aforesaid, that said Mayor and City Council of Baltimore should be permitted to pay the said money into such Court, it shall pass such decree as it shall deem proper, and the payment of any money into Court under any such decree or order shall be considered in all respects equivalent to a tender thereof to any person or persons entitled to such money, and who may be made a party or parties to such proceeding, and upon making such payment, the said Mayor and City Council of Baltimore shall be thereby released from all further liability for the money awarded as aforesaid to any person or persons who may be made a party or parties to such proceeding as aforesaid, and in all cases when one or more persons is or are entitled to an estate for life or years, or an estate tail fee simple, conditional, base or qualified fee, or any other particular, limited or conditional estate in property condemned as aforesaid, and any person or persons is or are entitled to a remainder or remainders, vested or contingent, or an executory devise or devises, or any other interest, vested or contingent, in the same property, if all persons in being who would be entitled to the said property if the contingency had happened at the date of the filing of the aforesaid bill or petition, shall be made parties to such proceeding, the payment into Court of the money awarded for such property shall bind all persons, whether in being or not, who claim or may claim any interest in the said property under any of the parties to the said cause, or under any person from whom any of the parties thereto claim or from or under or by the original deed or will by which such particular, limited or conditional estates with remainders or executory devises were created, and the said Mayor and City Council of Baltimore shall, upon making such payment, be thereby released from all further liability for the money awarded as aforesaid.

Baltimore City Public Local Laws, Subtitle 21, § 21-13 Notice of street work.

§ 21-13 Notice of street work. Before they pass any ordinance under Article Two of the Charter of Baltimore City (1964 Revision), paragraph “Streets, Bridges and Highways”, relating to the laying out, opening, extending, widening, straightening, or closing up, in whole or in part, of any street, square, lane or alley within Baltimore City, notice shall be given by advertisement published twice a week for two consecutive weeks, in two of the daily newspapers in the City, that application shall be made for the passage of the ordinance. The notice shall set forth clearly, in the case of laying out, opening or extending any street, square, lane or alley, the length or width of the street, square, lane or alley, or part thereof to be laid out, opened or extended, and, in the case of widening or straightening shall set forth clearly both the present and the intended width, and also the length of any street, lane or alley or part thereof intended to be widened or straightened, and in case of closing shall set forth clearly the length and width of the street, lane or alley or any part thereof, intended to be closed. Notice shall also be given by filing, with the Department of Public Works on or before the first day of the publication, a map on the scale not smaller than 50 feet to the inch, prepared by some competent surveyor, whose name shall be signed to the same, which, in case of laying out, opening, extending, widening or straightening, shall show the course and the lines of the projected improvement, and also the lots and buildings thereon which shall be taken or destroyed, in whole or in part, and which, in the case of closing shall show the street, lane or alley, or part thereof, intended to be closed, and also the abutting lots and improvements thereon. The Director of the Department of Public Works shall endorse on the map his name, with the date of it being filed in his office, and keep the map where the public may have access to it. Whenever the map may be needed for the purpose of being shown at any meeting of the City Council, or of any committee thereof, he may, on the written order or request of the President of the City Council, or of the chairman of such committee, and, on obtaining his receipt therefore, allow the map to be taken from his office for that purpose, to be returned on the following day. At any time before the final passage of the ordinance, the map and the ordinance may be amended if the amendment does not substantially depart from the published notice, so as to substantially affect parties who would not be warned by the notice.

Baltimore City Public Local Laws, Subtitle 21, § 21-14 Notice of Ordinance.

§ 21-14 Notice of Ordinance. Before the Department of Public Works shall proceed under Sections 21-12 and 21-13 to perform its duty, it shall give notice in a least two of the daily newspapers in the City of Baltimore of the object of the ordinance under which it proposes to act, at least ten days before the time of the first meeting to execute the same.

Baltimore City Public Local Laws, Subtitle 21, § 21-15 Acquisition of property.

§ 21-15 Acquisition of property. Whenever the Mayor and City Council of Baltimore provides, by ordinance, for the laying out, opening, extending, widening or straightening of any highway, street, square, lane or alley in Baltimore City, such ordinance may provide that the Department of Public Works shall proceed to acquire the property necessary, in accordance with Sections 44A, 44B, 44C, and 44D of Article VII of the Charter of Baltimore City (1964 Revision) as amended {Article VII, §§ 43 to 46 of City Charter (1996 Edition)}, and Sections 56 through 70 of Article 26 of the Baltimore City Code as amended {Article 26, Subtitle 3 of City Code (Edition 2000}; or the ordinance may provide that the property necessary to be acquired for such laying out, opening, extending, widening or straightening, may be acquired by proceedings in the Circuit Court for Baltimore City, under Article - Real Property, Title 12 of the Annotated Code of Maryland, and that, after the damages to be awarded shall have been ascertained by such proceedings, then the Department of Public Works may proceed to assess the benefits for the laying out, opening, extending, widening or straightening, in the same manner as if the damages had been assessed by it under Sections 60, 61, and 62 of Article 26 of the Baltimore City Code (1976 Edition) as amended {Article 26, §§ 3-5 to 3-10 of City Code (Edition 2000)}, and it shall state in the report the amount of damages assessed by the proceedings in Court to the various owners, and the expenses of the court proceedings, and its own proceedings. Before any such benefits and damages are assessed, there shall be filed with the Department of Public Works, a profile map or plat showing the grade of the proposed highway, street, square, lane, cul-de-sac, or alley with respect to the abutting property, which map or plat shall be included by the Department of Public Works, in the return of its proceedings.

Baltimore City Public Local Laws, Subtitle 21, § 21-16 “Quick-take” condemnation — in general.

§ 21-16 “Quick-take” condemnation — in general. (a) Petition for Immediate Taking. Whenever any proceedings are instituted under Title 12 of the Real Property Article of Public General Laws of the State of Maryland by the Mayor and City Council of Baltimore for the acquisition of any property for any public purpose whatsoever, the Mayor and City Council of Baltimore, simultaneously with the filing of said proceedings or at any time thereafter, may file a Petition under oath stating that it is necessary for the City to have immediate possession of, or immediate title to and possession of, said property, and the reasons therefore. The City shall also set forth in said Petition for Immediate Taking of possession or immediate taking of title the amount it estimates to be the fair value of the said property and/or title to be acquired, and of the respective interest of each of the owners thereof if more than one, which shall be substantiated by the affidavits of two qualified appraisers, attached to said Petition. The City shall deposit into Court simultaneously with the filing of said Petition the amount of said estimate of the fair value of the property to be acquired. (b) Notice and hearing. Upon the filing of any such Petition for Immediate Taking of Possession, the Court may direct the City to give such notice to the Defendants as the Court may deem proper. The Court may set the matter for hearing on the Petition, but any such hearing shall be held within seven days from the date of the filing of such petition; otherwise, the Court shall act on said Petition ex parte within said seven day period. (c) Vesting of title and possession. In cases where the City files a Petition for Immediate Taking of title and possession to the said property in fee simple absolute or such lesser estate or interest as is specified in the Petition, title thereto shall irrevocably vest in the Mayor and City Council of Baltimore ten days after personal service of the Petition upon each and every Defendant or, if the Defendants or any of them shall file an answer to the Petition within the said ten day period alleging that the City does not have the right or power to condemn title to the property, then on the date of the trial court’s decision or on the date of decision in any appeal from the trial court. In the event the Defendants or any of them should file an answer, the court shall schedule a hearing within fifteen days of the date of the filing of an answer, which hearing shall be only for the purpose of contesting the right or power of the City to condemn title to the property. The trial court shall render its decision within fifteen days from the final day of said hearing. The City or the Defendants or any of them shall have an immediate right of appeal to the Court of Appeals of Maryland from the decision of the trial court. Possession shall vest in the Mayor and City Council of Baltimore simultaneously with the vesting of title, except when the City has taken possession previously under subsection (d) of this section. (d) Immediate possession. If it appears from a Petition for Immediate Possession, with or without supporting affidavits or sworn testimony, that the public interest requires the City to have immediate possession of said property, the Court shall, within not more than seven days after the filing of said Petition, pass an order, either ex parte or after a hearing, directing that the City may take possession of said property after the expiration of thirty days from the filing of said Petition or earlier, in the Court’s discretion. Upon passing such an order, the Court may direct the City to give such notice of said order to the Defendants as the Court may deem proper, but the Court’s requirement of notice shall not extend the time within which the City may take possession of said property. (e) Abandonment of proceedings precluded after order. After an order has been passed as aforesaid, directing that the City may either take possession of the property or take title and possession of the property, the City shall no longer have the right to abandon said condemnation proceedings except with the consent of all of the owners of said property. (f) Payment of interests — in general. At any time after the order is signed directing that the City may either take possession or title and possession of the property: (1) the property owner or owners may petition the Court who shall, by order, direct the clerk to pay such sum so paid into Court unto such owner or owners according to their respective interest, less any public charges, City and State taxes, other assessments, and any ground rent paid by the City for and on behalf of the property owner, all adjusted to the date of taking of possession or to the date of taking title and possession as the case may be; and (2) the City may upon proper petition and order, withdraw from the sum so paid into Court, monies in satisfaction of such public charges, City and State taxes, other assessments, and ground rents so paid by the City, all adjusted as aforesaid. (g) Payment of interests — to be without prejudice. Payment into Court by the Mayor and City Council of Baltimore and receipt of such money by the property owner or owners shall be without prejudice to either party and shall not be construed to prevent either party from requiring a subsequent trial to determine the value of the property. If the amount of the final award for any property owner, after trial, is more than the amount that was paid into Court by the City for the interest of such property owner, such property owner shall be entitled to a judgment against the City for the difference between such amounts. If the final award for any property owner, after trial, is less than the amount that was paid into Court by the City for the interest of such property owner, the City shall be entitled to a judgment against such property owner, for the difference between such amounts.

Baltimore City Public Local Laws, Subtitle 21, § 21-17 “Quick-take” condemnation — abandoned or distressed property.

§ 21-17 “Quick-take” condemnation — abandoned or distressed property. (a) Definitions. (1) In general. In this section the following words have the meanings indicated. (2) Abandoned property. “Abandoned property” means: (i) an unoccupied structure or vacant lot on which taxes are in arrears for at least 2 years; (ii) a building: 1. that is unoccupied by owner or tenant; 2. that is unfit for habitation; 3. that has deteriorated to the point where: A. the building is structurally unsound; or B. the cost of rehabilitation significantly exceeds the post rehabilitation market value; and 4. regarding which the owner has been issued a violation notice from the City requiring the owner to: A. rehabilitate the building to conform to minimum code habitability requirements; or B. demolish the building for health and safety reasons; (iii) a vacant lot on which a building has been demolished; or (iv) any building in a block of row houses where the block: 1. as a whole contains 70% abandoned property as defined under subparagraph (i), (ii), or (iii) of this paragraph; and 2. is determined by the City to require a whole-block remedy, provided that any tenant or owner-occupant has been offered assistance in accordance with subsection (l) of this section. (3) Distressed property. “Distressed property” means a parcel of real property that is subject to a tax lien or liens with a lien or liens to value ratio equal to or greater than 15%, as determined by the Baltimore City Department of Housing and Community Development, and that: (i) contains a dwelling unit or other structure that: 1. has deteriorated to the extent that the dwelling unit or other structure constitutes a serious and growing menace to the public health, safety, and welfare; and 2. is subject, under the Building Code of Baltimore City or the Housing Code of Baltimore City, to an expired violation notice and order to correct the deteriorated conditions; or (ii) is subject to a lien or liens in an amount greater than $1000 for work done by the Baltimore City Department of Housing and Community Development. (b) Petition for immediate taking. The Mayor and City Council of Baltimore may file a petition in the District Court, for the public purpose of alleviating nuisance and blight, that seeks: (1) the condemnation of abandoned or distressed property; and (2) the immediate possession of, or the immediate possession of and title to, the abandoned or distressed property. (c) Deposit in court of fair market value. When the City files a petition under this section, the City shall deposit with the District Court the amount of money estimated by a licensed appraiser to be the fair market value of the abandoned or distressed property. (d) Service of process. (1) Service of process on an owner of abandoned or distressed property under this section shall be made in accordance with the provisions of § 16-16A of the Code of Public Local Laws of Baltimore City. (2) If an owner has properly registered a current local agent and local address for service of process under the requirements of the Baltimore City Code relating to rental property registration, and service is effected by mail and posting at a last known address other than that provided in the owner’s rental property registration form, then notice of the proceedings shall be sent by certified mail to the owner at the rental property registration address. (e) Participation of judgment creditor. (1) A judgment creditor is not a required party to a proceeding initiated under this section. (2) A judgment creditor may join a proceeding initiated under this section by filing a motion under subsection (f) of this section within 10 days of notice being given as required by law. (f) Removal to Circuit Court of compensation issue. (1) On motion of any person with an interest in abandoned or distressed property that is the subject of a proceeding initiated under this section, the issue of compensation related to the proceeding may be removed to the Circuit Court of Baltimore City for trial on that issue. (2) The motion for removal to the Circuit Court of Baltimore City for trial on the issue of compensation shall be filed within 30 days of the date the title to the abandoned or distressed property vests with the City under § 21-16(c) of this subheading. (g) Parties may agree to trial in District Court. If the parties agree, trial on the issue of compensation may be held in the District Court. (h) Judgment for excess of public charges, etc., over property value. If the value of the abandoned or distressed property is determined to be less than the sum of public charges, City and state taxes, and other assessments regarding the abandoned or distressed property, the City is entitled to a judgment against the owner of the abandoned or distressed property for the difference. (i) Titleholder. When a court vests title to the abandoned or distressed property in the City, at the request of the City, the court may name as titleholder a public or quasi-public corporation that has been designated by the City to hold title to property acquired under this section. (j) Provisions of § 21-16 to apply. Except as otherwise provided in this section, the provisions of § 21-16 of this subheading apply to a proceeding under this section. (k) Limitations on action against City. (1) An action at law or in equity filed against the City by a person with an interest in abandoned or distressed property that is the subject of a proceeding initiated under this section shall be filed within 3 years from the date a court vests title to the abandoned or distressed property in the City. (2) The damages awarded to a person for the improper taking of abandoned or distressed property in a proceeding initiated under this section are limited to the fair market value of the abandoned or distressed property at the time of the taking. (l) Assistance to certain displaced persons. If an owner-occupant or tenant of property described under subsection (a)(2)(iv) or (3) of this section is displaced, regardless of whether the displacement involves the use of federal financial assistance, the City shall assure that the owner-occupant or tenant is offered, at a minimum, assistance and payments to the extent that the owner-occupant or tenant would qualify for assistance and payments as a displaced person under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. (m) Satisfaction of liens. If an owner of distressed property that is the subject of a proceeding initiated under this section satisfies the liens described in subsection (a)(3) of this section before a court vests title to the distressed property in the City, the court shall dismiss the petition filed by the City under subsection (b) of this section. (n) Section supplemental of other authority. This section does not affect the authority of the Mayor and City Council to condemn private property for public use under other provisions of law.

Baltimore City Public Local Laws, Subtitle 21, § 21-18 Present powers not limited.

§ 21-18 Present powers not limited. Section 21-15 to 21-17 shall not restrict or limit the present powers and authority vested in the Mayor and City Council of Baltimore, to condemn property situate in Baltimore City for public use.

Baltimore City Public Local Laws, Subtitle 21, § 21-19 Persons to be taken as owners.

§ 21-19 Persons to be taken as owners. A tenant for ninety-nine years, or for ninety-nine years, renewable forever, or the executor or administrator of such tenant, or the guardian of an infant owner, or a mortgagee in possession, shall be deemed and taken as an owner for the purposes of any application to the Mayor and City Council authorized by this subdivision of this article; and the application of any such person shall bind the property so represented for any assessment or tax made under an ordinance passed in pursuance of the provisions of this subdivision of this article.

Baltimore City Public Local Laws, Subtitle 21, § 21-20 Real estate surveyed under Act of 1817 — City may open.

§ 21-20 Real estate surveyed under Act of 1817 — City may open. Where real estate within the said City has been or may be divided according to law among heirs, legatees, joint tenants or tenants in common, entitled to the same; and such division calls for any of the streets, lanes or alleys or any part thereof surveyed and laid off under the Act of 1817, Chapter 148, or reserves of any of the streets, lanes or alleys, or any part thereof, as open, and divides such estate with reference thereto, the Mayor and City Council of Baltimore may, on application of one or more persons interested in the ground to be taken on such application, adopt and sanction by ordinance the principle under which such division was had, and open any of the said streets, lanes or alleys, or any parts thereof, in the said division reserved or recognized; provided, at least one week’s notice in the newspapers of said City (the cost of the advertisement to be paid by the applicants), be given of such application before any such ordinance shall pass.

Baltimore City Public Local Laws, Subtitle 21, § 21-21 Real estate surveyed under Act of 1817 — to be public highways.

§ 21-21 Real estate surveyed under Act of 1817 — to be public highways. All the streets, lanes, or alleys opened in the manner directed in Section 21-20 shall be public highways, and be subject to the laws, regulations and ordinances applicable to public streets, lanes or alleys, or parts thereof, in said City.

Baltimore City Public Local Laws, Subtitle 21, § 21-22 Private streets paved, etc.

§ 21-22 Private streets paved, etc. They may, on application of the owners of a majority of feet in front of any private wharf, dock, street, lane or alley, cause the same to be paved, cleaned out, mended or otherwise repaved or kept in good condition or repair, and may impose upon and collect from all the proprietors of the property so to be cleaned out or repaired, a tax sufficient in amount to defray the expenses thereof, which shall be assessed upon the proprietors in proportion to the number of feet held by them, respectively, in front or length, and shall be collected by the Mayor and City Council of Baltimore as taxes levied for paving public streets.

Baltimore City Public Local Laws, Subtitle 21, § 21-23 Grades on low or made ground.

§ 21-23 Grades on low or made ground. Whenever the Commissioner of Health shall certify in writing to the Mayor that it is necessary for the health of the City to alter the grade of any street, lane or alley on low or made ground, the Mayor shall issue his order to the City Engineer, who shall thereupon call upon the several property holders on such street, lane or alley, and procure from them their assent in writing to such alteration; and if any property holder shall refuse to permit the same to be graded, and shall require damages therefor, and cannot agree with the Highways Engineer as to the amount of damages, or should there be any legal disability on the part of those owning property on such street, lane or alley, a judge of the Circuit Court for Baltimore City, on application of the corporation, shall appoint three disinterested persons to assess such damages, who shall return on oath their award to said Court, and the same shall be confirmed by the Court unless case to the contrary be shown; in which case the Court shall at the first term thereafter decide finally thereon; and when the damages so assessed or agreed upon shall be paid by the Mayor and City Council of Baltimore to the persons so assessed, and legally entitled to receive the same, the Mayor and City Council of Baltimore may proceed to regrade and pave the said street, lane or alley.

Baltimore City Public Local Laws, Subtitle 21, § 21-24 Turnpike companies.

§ 21-24 Turnpike companies. The President, directors and companies of the different turnpike companies owning roads running into the City of Baltimore, may cede to said City such parts of said roads as lie within the corporate limits of said City; and the same, when ceded, shall be in all respects subject to the same regulations as unpaved public streets.

Baltimore City Public Local Laws, Subtitle 21, § 21-25 Eutaw Place — deed to bed of extended street.

§ 21-25 Eutaw Place — deed to bed of extended street. The Mayor and City Council of Baltimore is hereby authorized and empowered to accept from the owners thereof, a deed of the land lying in the bed of Eutaw Place extended, between North Avenue on the southeast and Druid Hill Park on the northwest, in consideration of an agreement on the part of said grantee, to be incorporated therein, that no street car or other railroad tracks shall at any time thereafter be located or placed on any part thereof.

Baltimore City Public Local Laws, Subtitle 21, § 21-26 Eutaw Place — car tracks.

§ 21-26 Eutaw Place — car tracks. Upon the execution of said deed and acceptance thereof by the Mayor and City Council of Baltimore embodying said contract prohibiting the locating or placing of car tracks upon any part of the land so to be granted, the said contract shall be and is hereby declared to be forever thereafter inviolable; provided, however, that nothing herein contained shall prevent the Mayor and City Council of Baltimore from authorizing by ordinance the location or construction of car tracks on such part of the bed of said street as are contained within the limits of intersecting or cross streets that are now or may hereafter be provided for by ordinance of said Mayor and City Council of Baltimore.

Baltimore City Public Local Laws, Subtitle 21, § 21-27 Streets annexed in 1888.

§ 21-27 Streets annexed in 1888. No avenues, streets or alleys within the territory annexed to the City of Baltimore by the Act of 1888, Chapter 98, shall hereafter be opened, established or condemned, nor shall the dedication of any avenue, street or alley in said territory be hereafter accepted by the Mayor and City Council of Baltimore unless the same shall be approved in writing by the Topographical Survey Commission consisting of the Mayor, Comptroller and Register of the City of Baltimore {Department of Public Works}, or unless the said avenues, streets or alleys be so opened, established, condemned or dedicated that the lines and grades thereof shall conform to the general plan of streets for the annex as adopted under Ordinance No. 129, approved December 3rd, 1898, or as said plan shall be amended in accordance with the provisions of this section, that is to say: with the approval of the aforesaid Topographical Survey Commission, the Mayor and City Council of Baltimore may by ordinance, from time to time and in any manner, alter or amend the said general plan of streets, and the said Mayor and City Council of Baltimore may thereafter by ordinance open, establish or condemn, or the Mayor of Baltimore City may receive a deed for any avenue, street or alley laid down on the said general plan of streets as amended, or if any such avenue, street or alley shall be dedicated the same may thereafter be accepted; said Topographical Survey Commission is hereby authorized to make such rules and regulations regarding surveys, plats or plans relating to the location of avenues, streets or alleys as they may deem proper from time to time.

Baltimore City Public Local Laws, Subtitle 21, § 21-28 Presumed dedication of certain private roads.

§ 21-28 Presumed dedication of certain private roads. Every private street, lane, alley or way in the City of Baltimore which shall be hereafter laid out and opened, and which for a period of one year shall connect with, open into, or lead to or from any public street, lane, alley or way of said City, and passage between which said private street, lane, alley or way and said public street, lane, alley or way shall not be barred or obstructed by a wall, fence or similar structure erected along the dividing line between them, either without a gate or gates therein, or with a gate or gates, which shall be kept closed at all time except when in actual use, shall be conclusively presumed to have been dedicated by the owner or owners thereof to public use as public highways, and may, at any time thereafter be accepted as public highways, either by ordinance of the Mayor and City Council of Baltimore or in any other manner in which a dedication of land to public use made in any other way be accepted. The preceding provisions of this section shall not apply to any private streets, lane, alleys or ways laid out after the passage of this amended Act, upon plans approved by the Topographical Survey Commission of Baltimore City {Department of Public Works}, whose owner or owners shall declare them to be private by placing and maintaining a sign or signs at or near the junction or junctions of such private streets, lanes, alleys or ways with such public streets, lanes, alleys or ways on which sign or signs shall be marked with the words “Private Way”, provided and so long as such owner or owners do not grant in such private streets, lanes, alleys or ways, for a longer period than twenty-five years, any franchise, right or easement for a railway or for pipe or conduits for supplying electricity, gas, water or steam or for any other use that would be in the nature of a public service franchise.

Baltimore City Public Local Laws, Subtitle 21, § 21-29 Rights under Act of 1908.

§ 21-29 Rights under Act of 1908. Nothing herein contained shall affect any right acquired by the Mayor and City Council of Baltimore City under said Act of 1908, Chapter 582, prior to April 11, 1912.

Baltimore City Public Local Laws, Subtitle 21, § 21-30 Presumed dedication of certain private streets.

§ 21-30 Presumed dedication of certain private streets. Every private street, lane, alley or way now existing in the City of Baltimore, which for a period of one year from April 8, 1908, shall connect with, open into, or lead to or from any public street, lane, alley or way of said City, and passage between which said private street, lane, alley or way, and said public street, lane, alley or way shall not be barred or obstructed by a wall, fence or similar structure erected along the dividing line between them, either without a gate or gates therein, or with a gate or gates which shall be kept closed at all times except when in actual use, shall be conclusively presumed to have been dedicated by the owner or owners thereof to public use as public highways, and may, at any time thereafter, be accepted as public highways, either by ordinance of the Mayor and City Council of Baltimore or in any other manner in which a dedication of land to public use made in any other way, may be accepted.

Baltimore City Public Local Laws, Subtitle 21, § 21-31 Streets dedicated before 1888.

§ 21-31 Streets dedicated before 1888. All streets, avenues or alleys lying in that portion of Baltimore City, formerly constituting a portion of Baltimore County, and in pursuance of the Act of the General Assembly of Maryland of 1888, Chapter 98, recently annexed to the said City of Baltimore, which has prior to such annexation become streets, avenues or alleys in Baltimore County, whether by deed or dedication, shall be held for all purposes to validly constitute streets, avenues or alleys of Baltimore City, in all respects as if the same had been legally condemned as such by the Mayor and City Council of Baltimore.

Baltimore City Public Local Laws, Subtitle 21, § 21-32 Carriage by Transit Company.

§ 21-32 Carriage by Transit Company. The Mayor and City Council of Baltimore is hereby authorized to enter into an agreement with the United Railways and Electric Company of Baltimore {>Baltimore Transit Company > Mass Transit Administration}, or any person, company or corporation, for the carriage and disposal from proper places that may be agreed upon for transportation on the cars of said Company for final disposition at proper places situated on or near its system of tracks in this State of such street sweepings, dirt, ashes and garbage as may be collected by the Mayor and City Council of Baltimore, or its duly constituted employees and agents and delivered to said United Railways and Electric Company of Baltimore for final transportation at such places as may be agreed upon, on such terms and conditions as may be agreed upon between the Mayor and City Council of Baltimore, and the United Railways and Electric Company of Baltimore or any person, company or corporation; and should the Mayor and City Council of Baltimore by ordinance provide for the collection of street dirt, sweepings, garbage and ashes by other persons than the duly constituted officers or employees of said City of Baltimore, then said other person or persons shall have the same right to enter into an agreement for the final transportation of said street sweepings, dirt, garbage and ashes as mentioned aforesaid; provided, however, that nothing in this section shall be construed to confer any right upon the Mayor and City Council of Baltimore to contract with said United Railways and Electric Company of Baltimore, or any person, company or corporation, for the collection of street sweepings, ashes and garbage from the streets, lanes, alleys and other ways of the said City of Baltimore, but shall simply apply to the final transportation and disposal of the said street sweepings, dirt, garbage and ashes from certain specified places to the final disposition as heretofore mentioned; provided, further, that the cars, boxes, bins, houses or receptacles in which said street sweepings, dirt, garbage and ashes are deposited and retained awaiting final disposition, and the cars, boxes, bins, or other receptacles in which said street sweepings, dirt, garbage and ashes may, should or are to be transported from said place of deposit to the place of final disposition shall be closed and covered in such manner as may be provided for by the Mayor and City Council of Baltimore, and shall only be transported, conveyed and carried from said places of deposit to the final disposition through the streets of said City only between the hours of one and five o’clock a.m.

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/public-local-laws/21Fetched: 10/25/2026