Article - County Commissioners
§3.
(a) (1) The
county commissioners of each county in this State, in addition to,
but not in substitution of, the powers which have been or may be granted
them, have the following express powers.
(2) (i) The
following counties are excepted from these express powers.
(ii) Anne Arundel
County; included, however, in subsections (t)(3) and (t-1);
(iii) Baltimore
County; included, however, in subsection (t)(3);
(iv) Cecil County;
included, however, in subsections (g), (l), (s-1), and (t)(3) and
(t-1);
(v) Howard County;
included, however, in subsections (t)(3) and (t-1);
(vi) Prince George’s
County; included, however, in subsection (t)(3) and in subsection
(t-1) except to the extent that an area is under the WSSC;
(vii) Queen Anne’s
County; included, however, in subsections (f), (s)(3), (s-1), (t)(3),
(t-1) and (ii);
(viii) Worcester
County; included, however, in subsections (l), (s)(2), (t)(3), (t-1),
(x), (x-1), (x-2), and (y).
(b) Repealed.
(c) To grant franchises
as provided under existing public general or public local laws.
(d) (1) To
provide for the appointment and removal of all county officers and
employees except those people whose appointment or election is provided
for by the Constitution or public general or public local laws.
(2) (i) Notwithstanding
any other provision of law, in Charles County, persons appointed to
boards and commissions by the County Commissioners may not serve more
than 2 consecutive full terms.
(ii) The limitation
imposed by this paragraph shall not apply if the County Commissioners
determine that there is no qualified person to replace an incumbent
who is disqualified under this paragraph.
(e) Subject to
any restriction or provision imposed by public general or public local
laws, to fix and prescribe the salary or compensation of all appointed
officers and employees of the county incurred in the performance of
their official duties.
(f) To establish
a merit system in connection with the appointment of all county officials
and employees not elected or appointed under the Constitution or public
general laws of the State. This subsection shall be applicable in
Dorchester, Somerset, and Queen Anne’s counties. In Dorchester
County, the County Commissioners additionally shall have the power
and authority to include in the county’s merit system the employees
of the Dorchester County liquor control board, the Dorchester County
Sheriff’s department, and the Dorchester County Sanitary District.
In Queen Anne’s County, the County Commissioners may include
in the county’s merit system the employees of the Queen Anne’s
County Sheriff’s department. In Somerset County, the County
Commissioners additionally shall have the power and authority to include
in the county’s merit system the employees of the Somerset County
Sheriff’s department.
The County Commissioners of Garrett
County shall institute a merit system for all county employees pursuant
to the final reports and recommendations of the merit system commission
and governmental study commission of Garrett County, the system to
be effective as of January 1, 1972.
(g) To establish
and maintain a general system of pensions and retirement and group
insurance for the benefit and advantage of its officers and employees,
with necessary classifications and terms of admissions. This subsection
shall be applicable in Kent County and Dorchester County and the County
Commissioners shall have the powers provided herein. In Charles and
Kent counties the County Commissioners also shall have the authority
to make special provisions for retirement funds for employees who
reach retirement age prior to the origination of a retirement system.
In Dorchester County the County Commissioners may include the employees
of the Dorchester County liquor control board and the Dorchester County
Sheriff’s department in any pensions, retirement or group insurance
program established and maintained by the county. In Kent County the
County Commissioners may include any official or employee of the Kent
County Sheriff’s department in any pension, retirement or group
insurance program established and maintained by Kent County.
(g–1) (1) (i) In
Charles County the County Commissioners shall establish a separate
pension plan for the Charles County Sheriff’s department which
may include the Sheriff and shall include each sworn employee of the
Sheriff’s department who is actively engaged in law enforcement.
(ii) The pension
plan shall provide eligibility for retirement after 30 years of active
service regardless of age, and for early retirement after 20 years
of active service reduced by 2 percent for each year less than 30.
Retirement income shall be 80 percent of final average earnings (base
salary) for the three highest years preceding retirement, with a minimum
of 20 years and 60 percent of the annual earnings.
(iii) The plan
shall be retroactive to include all sworn officers who are currently
employed by the Charles County Sheriff’s department and who
have been working in law enforcement within the department on or before
June 30, 1986. For each of the sworn officers included in this plan,
the plan shall apply back to the original date of employment of the
sworn officer.
(iv) The plan shall
contain disability provisions and death benefits for spouse and/or
minor children.
(v) An employee’s
contribution may not exceed 8 percent of wages not in excess of the
amount of wages (base salary).
(vi) There shall
be a cost-of-living adjustment and a provision for a cash refund of
contributions, plus interest for persons terminating employment.
(vii) There shall
be a provision for credit of 2 percent for each year of active duty
in the armed forces of the United States, for up to 3 years of active
duty, to be added to the employee’s retirement after reaching
minimum retirement.
(viii) This pension
plan shall become effective on July 1, 1995.
(2) (i) In
Charles County the County Commissioners shall establish a separate
pension plan for the employees of the Charles County Sheriff’s
department. The plan may include the Sheriff and shall include all
sworn employees of the Sheriff’s department who were hired on
or after July 1, 1986, and who are actively engaged in law enforcement.
(ii) The pension
plan shall provide eligibility for retirement after 30 years of active
service regardless of age, and for early retirement after 25 years
of active service reduced by 2 percent for each year less than 30.
Retirement income shall be 80 percent of final average earnings (base
salary) for the 3 highest years preceding retirement, with a minimum
of 25 years and 70 percent of the annual earnings.
(iii) The plan
shall be retroactive in that it may include any living person who
is working in law enforcement on July 1, 1986, and shall apply back
to the date of that employment.
(iv) The plan shall
contain disability provisions and death benefits for spouse and minor
children.
(v) An employee’s
contribution may not exceed 8 percent of wages (base salary).
(vi) There shall
be a cost–of–living adjustment and a provision for a cash
refund of contribution, plus interest, for persons terminating employment.
(vii) There shall
be a provision for credit of 2 percent for each year of active duty
in the armed forces of the United States, for up to 3 years of active
duty, to be added to the employee’s retirement after reaching
minimum retirement.
(viii) This pension
plan shall also provide for early retirement after 20 years of service.
This provision for early retirement shall contain charges for retiring
early. The retirement income shall be reduced actuarially depending
on age for each year less than 25 years of service. The early retirement
provision in paragraph (2) of this subsection shall be approved by
the governing body of Charles County before the provision may be implemented.
(ix) This pension
plan shall become effective on July 1, 1995.
(3) (i) In
Charles County, the County Commissioners shall establish a separate
pension plan for the employees of the Charles County Sheriff’s
department who are classified as correctional officers.
(ii) The pension
plan shall provide eligibility for retirement after 25 years of active
service regardless of age, and for early retirement after 20 years
of active service reduced actuarially depending on age for each year
less than 25 years of service. The early retirement provision in this
paragraph shall be approved by the governing body of Charles County
before the provision may be implemented. Retirement income shall be
2.25 percent for each year of credited service not to exceed a maximum
benefit of 75 percent of final average earnings (base salary) for
the 3 highest years preceding retirement.
(iii) The plan
shall be retroactive in that it may include any living person who
is working as a correctional officer on July 1, 1995, and shall apply
back to the date of that employment.
(iv) The plan shall
contain disability provisions and death benefits for spouse and minor
children.
(v) An employee’s
contribution may not exceed 7 percent of wages (base salary).
(vi) There shall
be a cost-of-living adjustment and a provision for a cash refund of
contribution for persons terminating employment.
(vii) There shall
be a provision for credit for each year of active duty in the armed
forces of the United States, for up to 3 years of active duty, to
be added to the employee’s retirement after reaching minimum
retirement.
(viii) This pension
plan shall become effective on July 1, 1995.
(4) (i) In
Charles County, the County Commissioners shall establish a separate
pension plan for the employees of the county who are classified as
communications employees.
(ii) The pension
plan shall provide eligibility for retirement after 25 years of active
service regardless of age, and for early retirement after 20 years
of active service reduced actuarially depending on age for each year
less than 25 years of service. The early retirement provision in this
paragraph shall be approved by the governing body of Charles County
before the provision may be implemented. Retirement income shall be
2 percent for each year of credited service not to exceed a maximum
benefit of 75 percent of final average earnings (base salary) for
the 3 highest years preceding retirement.
(iii) The plan
shall be retroactive in that it may include any living person who
is working as a communications employee on July 1, 1995, and shall
apply back to the date of that employment.
(iv) The plan shall
contain disability provisions and death benefits for spouse and minor
children.
(v) An employee’s
contribution may not exceed 7 percent of wages (base salary).
(vi) There shall
be a cost-of-living adjustment and a provision for a cash refund of
contribution for persons terminating employment.
(vii) There shall
be a provision for credit for each year of active duty in the armed
forces of the United States, for up to 3 years of active duty, to
be added to the employee’s retirement after reaching minimum
retirement.
(viii) This pension
plan shall become effective on July 1, 1995.
(g–2) (1) In
St. Mary’s County, the County Commissioners may adopt a separate
plan of pension benefits or may supplement existing plans for any
one or more of the following classes of employees:
(i) Sheriff;
(ii) Deputy sheriffs;
and
(iii) Correctional
guards.
(2) The County
Commissioners by resolution may provide for the provisions of the
pension plan or supplement to existing plans.
(3) The County
Commissioners shall provide for the funding that is required to implement
and support any action taken pursuant to the provisions of this subsection.
(g–3) In
Garrett County the County Commissioners may provide group health and
hospital insurance benefits and a pension and retirement benefit plan
for county officers and employees. The County Commissioners also may
provide group health and hospital insurance benefits for retired county
officers and employees.
(g–4) Boards
of county commissioners may enter into joint pooling agreements with
public entities, as defined in § 19-602 of the Insurance Article,
for the purpose of purchasing casualty, property, or health insurance
or, in accordance with other provisions of law, self-insuring casualty,
property, or health risks.
(h) To provide
for the prompt collection of all taxes due the county by authorizing
discounts or imposing penalties.
(i) To license
and regulate the construction, operation and location of trailers
and tourist camps outside the limits of incorporated towns and cities.
(j) To provide
for county advertising, printing and publishing of all laws, ordinances,
resolutions or regulations, adopted by the county commissioners and
the annual statements of receipts and expenditures of the county;
provided, however, that the said commissioners shall appoint an auditor
or accountant within thirty days after the close of the fiscal year
to audit the books and accounts of all county officers collecting,
holding or disbursing funds belonging to the county and shall publish
or advertise the report of said auditor or accountant immediately
after its completion to the extent that the said commissioners may
deem proper.
(k) To provide
for proof of all claims against the county before payment.
(l) (1) (i) To
provide for competitive bidding for any county work and the making
and awarding of contracts for the purchase of materials and supplies
in excess of $15,000 and to require bonds in connection with the work
or contracts, regardless of the amount, whenever the county commissioners
consider it proper to require a bond; and if no bids are submitted
in response to any request for bids, to place the order in a manner
that the county commissioners consider appropriate.
(ii) In Frederick
County, to provide for competitive bidding for any county work and
the making and awarding of contracts for the purchase of materials
and supplies in excess of $30,000 and to require bonds in connection
with the work or contracts, regardless of the amount, whenever the
County Commissioners consider it proper to require a bond; and if
no bids are submitted in response to any request for bids, to place
the order in a manner that the County Commissioners consider appropriate.
(2) The provisions
of paragraph (1)(i) of this subsection are not applicable in Somerset
County with regard solely to contracting for the services of an architectural
and/or engineering firm for design and/or consultation purposes. With
regard to contracting for other county work these provisions are applicable.
(3) The provisions
of paragraph (1)(ii) of this subsection are not applicable in Frederick
County with regard solely to contracting for the services of an architectural,
engineering, or consultant firm for design or consultation purposes.
In Frederick County, contracts for architectural and engineering services
costing more than $30,000, shall be awarded on a competitive basis
which shall consist of either sealed competitive bids or competitive
negotiation. “Competitive negotiation” means a process
that includes the submission of written technical and price proposals
from two or more sources and a written evaluation of those proposals
in accordance with evaluation criteria.
(4) The provisions
of paragraph (1)(i) of this subsection are not applicable in Charles
County with regard to contracting for any professional services.
(l–1) (1) Notwithstanding
any other provision of law and subject to paragraphs (2) and (3) of
this subsection, in Somerset County the County Commissioners may enter
into lease purchase agreements and related financing agreements to
obtain personal or real property for any public purpose in the county.
(2) The County
Commissioners may enter into a lease purchase agreement under this
subsection only after advertising for bids in at least 2 newspapers
of general circulation in the county.
(3) A multiyear
lease purchase agreement or related financing agreement shall be subject
to cancellation by the County Commissioners at the end of a fiscal
year if sufficient money is not appropriated to fund the agreement
in the subsequent year.
(l–2) (1) In
Calvert County, the Board of County Commissioners may charge a fee
for the issuance of tax exempt private activity bonds.
(2) The Board shall
dedicate the proceeds of the fee to the Economic Development Loan
Fund of the county.
(m) To provide
for the recording and indexing of all records in the office of the
clerk of the court, register of wills and county commissioners and
other officers to the extent that such matters are not provided for
by general law.
(n) To prevent
and remove nuisances; to prevent the introduction of contagious diseases
into the county; to approve the location for the manufacturing of
soap and fertilizer; to approve the location of slaughterhouses, packinghouses,
and all places which may involve or give rise to unsanitary conditions
or conditions detrimental to health. However, the provisions of this
subsection may not be construed to affect in any manner any of the
powers and duties of either the Secretary of Health and Mental Hygiene
or the Secretary of the Environment, or any public general law relating
to the subject of health. This subsection also shall be applicable
in Dorchester County and the County Commissioners shall have the powers
provided in this section.
(o) (1) To
provide for grading, paving, regrading, repaving, curbing, recurbing,
or repairing any road or sidewalk now or hereafter condemned, ceded,
opened, widened, extended or straightened as public property and for
levying for the cost thereof on the assessable basis of the county
or providing for the payment of the cost thereof from the county’s
share of the State motor fuel tax; and to provide for establishing
the office of county roads engineer, and defining the duties and powers
thereof.
(2) In Charles
County, the powers of the County Commissioners concerning the construction,
reconstruction, and maintenance of county public roads, insofar as
not governed by the provisions of Title 8 of the Transportation Article,
are controlled by the provisions of §§ 104-1 through 104-8
of the Code of Public Local Laws of Charles County, as amended from
time to time, and not by the provisions of this subsection.
(3) In Somerset
County, the County Commissioners may grade, pave, regrade, repave,
curb, recurb, repair, or reconstruct any private road that has been
used by the public for 20 years or more.
(4) In Talbot County,
the County Council may grade, regrade, fill, repair, and reconstruct
any private dirt or gravel road which was being maintained when the
county roads ordinance was adopted in November, 1975.
(p) To fix the
allowance or compensation to the sheriff or other person for boarding
and keeping prisoners in the county jail.
(q) To provide
for the appointment of county police and to prescribe their duties
and fix their compensation, but said commissioners may appoint a special
commission or commissioner to be in charge of said county police.
The provisions of this subsection shall not be applicable in Charles
and Wicomico counties.
(r) An act, ordinance,
or resolution may not be adopted by the county commissioners, under
the powers conferred by this section, until ten days after a public
hearing has been held on the proposed act, ordinance, or resolution.
Prior notice of the public hearing, together with a fair summary of
the proposed act, ordinance, or resolution, shall be published in
at least one newspaper of general circulation in the county once each
week for two successive weeks. This subsection is not applicable to:
(1) an administrative act or resolution adopted by the county commissioners
of Dorchester, Frederick, Somerset, or St. Mary’s County; or
(2) a resolution, other than a bond resolution adopted under §
15 of Article 25B of the Code, adopted by the county commissioners
of a county that has adopted home rule powers under Article XI-F of
the Maryland Constitution. For purposes of this subsection, “ordinance”
means a permanent rule of law enacted by the county commissioners,
and “resolution” means a formal expression of the opinion
of an official body.
(s) (1) (i) In
Harford, Frederick and Kent counties, the County Commissioners may
provide and prescribe regulations for the issuance of plumbing permits
to be required before any sanitary systems, plumbing and fixtures
may be installed within the county and provide any fee or charges
for any such permits and for their enforcement. The County Commissioners
are authorized to charge reasonable fees for the issuance of zoning
certificates or permits for construction of improvements to real property.
(ii) The County
Commissioners of Harford and Frederick counties shall also have the
power to adopt a plumbing code to regulate the construction of water,
sewer, drainage, and sanitary facilities with power to designate and
employ the necessary personnel to enforce the plumbing code and to
provide criminal penalties for violation thereof. In the event the
authority to adopt a plumbing code is exercised, the County Commissioners
shall appoint an advisory plumbing board, with four-year terms of
office:
1. In Harford County,
the Advisory Plumbing Board shall consist of a medical doctor, a plumber,
and one other person to assist in the drafting and promulgation of
the plumbing code and its enforcement; and
2. A. In
Frederick County, the Advisory Plumbing Board shall consist of a person
designated by the Frederick County health officer, two plumbers, and
two other persons to assist in the drafting and promulgation of the
plumbing code and its enforcement.
B. The terms
of the members are staggered as required by the terms provided for
members of the Advisory Plumbing Board on June 1, 2006.
C. At the
end of a term, a member continues to serve until a successor is appointed
and qualifies.
D. A member
who is appointed after a term has begun serves only for the rest of
the term and until a successor is appointed and qualifies.
(2) (i) The
County Commissioners of Kent County shall adopt, and from time to
time may amend or supplement, a building code and a housing code.
The County Commissioners of Harford, Frederick, Caroline, Calvert,
Dorchester, and Worcester counties may adopt, and from time to time
may amend, supplement, or abrogate, a building code and a housing
code, or either of such codes.
(ii) The building
code shall provide and prescribe regulations for the issuance of building
permits to be required prior to the construction or improvement of
any buildings; and the code shall prescribe standards of construction,
maintenance, and repair, covering structural safety, fire prevention
requirements, lights and ventilation, and proper means of ingress
and egress. The housing code shall provide and prescribe regulations
and standards for human habitation, covering sanitation, density of
occupancy, open-space requirements, rodent infestation, and human
standards of occupancy.
(iii) A building
code and a housing code, when or if adopted, and all regulations thereunder,
shall be designed to assure and protect the public health, safety,
comfort, and moral and economic welfare. They may include provisions
for enforcement, including the appointment and maintenance of inspectors
and including penalties for a violation of either a code or the regulations
thereunder.
(iv) Any building
or housing code may incorporate by reference a portion or all, if
applicable, of either a building code or a housing code, as the case
may be, issued or proposed and made available for general circulation
by any governmental agency or by any trade or professional association;
but any subsequent amendment to or change in whatever is adopted by
reference shall not be effective in Harford, Frederick, Caroline,
Worcester, and Kent counties until and unless it is specifically incorporated
therein by action of the Board of County Commissioners.
(v) Except dwellings
in Calvert County on which construction is begun after July 1, 1979,
all buildings on a farm and on any premises devoted solely to agricultural
pursuits are exempt from the provisions and the application of both
building and housing codes. In Frederick County, the exemption does
not apply to any residential buildings nor to any buildings constructed
for human habitation regardless of location or other auxiliary uses.
(3) The County
Commissioners of Queen Anne’s County may adopt, and from time
to time may amend, supplement or abrogate, a building code. Farm residential
buildings are included within these provisions, but other outbuildings
on a farm, such as those that house animals or farm equipment or which
are used for farm storage, are exempt from these provisions.
(s–1) To
enact local laws conditioning the acceptance of any development of
land for residential purposes approved by appropriate local authorities
upon a demonstration of compliance, acceptable to local authorities,
by the developer with the pertinent underground electric and telephone
residential service regulations, including those pertaining to deposits,
promulgated by the Public Service Commission of Maryland.
(t) (1) To
make reasonable regulations in regard to buildings and signs to be
erected, constructed, or reconstructed in the county, and to grant
building permits for the same; to formulate a building code or electrical
code and to provide for inspections for and enforcement of such codes
and to require reasonable charges for permits and inspections; to
authorize and require the inspection of all buildings and structures
and to authorize the condemnation thereof as provided under public
general laws, in whole or in part, when dangerous or insecure, and
to require that such buildings and structures be made safe or be taken
down; to require the inspection and licensing of elevators and to
prohibit their use when unsafe or dangerous or without a license.
Any electrical code formulated under this section shall not apply
to electrical equipment or electrical appliances and devices used
by public utilities in furnishing their services, or to work performed
by public utilities or their affiliated companies.
(2) The powers
of the County Commissioners of Charles County are controlled by the
provisions of the local laws of the county and not by the provisions
of this subsection.
(3) In accordance
with the Maryland Master Electricians Act, the governing body of a
county, including the County Commissioners of Caroline, Somerset,
and Dorchester counties by ordinance may provide for the general licensing
of electricians; license and establish classifications of electricians;
define and establish duties and powers of electrical inspectors, including
permits and registrations; provide for penalties for violation of
any of these ordinances; create and establish a Board of Electrical
Examiners; and provide for, define, and establish powers and duties
of the Board of Electrical Examiners.
(4) The Board of
County Commissioners of Washington County may adopt ordinances or
resolutions to license household appliance installers to perform plumbing
work incident to the installation of home appliances. The Board may
require a license fee and a performance bond before the license is
granted.
(5) The County
Commissioners of Calvert County by ordinance may provide for the adoption
of an electrical code.
(t–1) In
accordance with the Maryland Plumbing Act, to adopt a plumbing code
and to provide for inspection for and enforcement of the code and
for reasonable charges or permits and inspections.
(t–2) (1) Subject
to paragraph (2) of this subsection, the County Commissioners of Washington
County may adopt by ordinance or resolution a licensing scheme for:
(i) On-site utility
contractors who perform plumbing work while installing water or sewer
service; and
(ii) Septic system
installers who place a service line between a septic tank and a building
being served.
(2) A license issued
under this section does not authorize the licensee to do plumbing
work within 5 feet from a building being served.
(3) The County
Commissioners may set a license fee and may require an applicant or
licensee to provide a performance bond.
(t–3) The
Board of County Commissioners of Washington County may adopt a licensing
scheme for home builders. The Board may set a license fee and may
require an applicant or licensee to provide a performance bond.
(u) To establish
and maintain public parks, gardens, playgrounds, and other recreational
facilities and programs to promote the health, welfare, and enjoyment
of the inhabitants of the county. The powers of the County Commissioners
of Charles County are controlled by the provisions of the local laws
of the county and not by the provisions of this subsection.
(v) (1) To
require, regulate, or provide for the collection, removal, and disposal
of refuse, garbage, rubbish, filth, or any other matter or thing that
is or may become injurious to the health or comfort of the inhabitants
of the county, and to provide whether the expense, if any, shall be
borne by individual owners or tenants or shall be paid for in whole
or in part by the county.
(2) To license
refuse collectors for hire and to make it unlawful to collect, remove
or dispose of refuse for hire without a license, to authorize regulation
of commercial refuse collectors including provision for suspension,
revocation and renewal of licenses, all to promote the health, safety
and welfare of the county; to require public notice or hearing with
the right to be represented by counsel in any case where an applicant
is denied a license. This subsection shall be applicable in Dorchester,
Somerset, and Garrett counties and the County Commissioners shall
have the powers provided herein.
(w) Repealed.
(x) To provide,
maintain, and operate community and social services for the preservation
and promotion of the health, recreation, and welfare of the inhabitants
of the county. This subsection shall be applicable in Worcester County
and the County Commissioners shall have the powers provided herein.
(x–1) The
County Commissioners of Worcester County may appropriate and contribute
an amount not to exceed thirty-five thousand dollars ($35,000) to
the total amount required to construct a parking lot to serve the
Convention Hall in Ocean City, Maryland.
(x–2) The
County Commissioners of Worcester County are hereby authorized to
provide, maintain, operate, and make appropriations for community
and social services and projects for the preservation and promotion
of the health, recreation, economic development, and welfare of the
inhabitants of the county.
(y) To make agreements
with municipalities, counties, districts, bureaus, commissions, and
governmental authorities for the joint performance of or for cooperation
in the performance of any governmental functions. To accept gifts
and grants of federal or of State funds from the federal or State
governments or any agency thereof, and to expend the same for any
lawful purpose, agreeably to the conditions under which the gifts
or grants were made. This subsection shall be applicable in Dorchester
County and Worcester County and the County Commissioners shall have
the powers provided herein.
(z) To create,
change, or abolish offices and departments and to assign additional
functions to offices and departments, but not including the power
to create, change, abolish, or discontinue any office or department
or to transfer any function of an office or department established
by the Constitution, public general law or public local law of the
county.
(aa) (1) Subject
to any restriction imposed by public general laws, to license and
regulate any person who conducts the business of or acts as an itinerant
or door-to-door peddler or salesman of goods, wares, merchandise,
or subscription for magazines and other periodical publications, either
by sample or otherwise; to license and regulate public amusements
when in the interest of public welfare. This paragraph shall be applicable
in Dorchester County and the County Commissioners shall have the powers
provided herein.
(2) Unless specifically
prohibited in a public general law and in addition to the licenses
and regulations elsewhere provided, to license and regulate any person
who conducts the business of or acts as an itinerant or door-to-door
peddler or salesperson of goods, wares, merchandise, or subscriptions
of magazines and other periodical publications, either by sample or
otherwise; to license and regulate any person who engages in business
for less than 1 year at any single location; to license and regulate
public amusements when in the interest of public welfare. This paragraph
is applicable only to Carroll County and the County Commissioners
shall have the powers provided in this paragraph.
(bb) The County
Commissioners of Charles County are hereby authorized and empowered
to maintain a fund in the amount of forty thousand dollars ($40,000.00)
to provide for the improvement of channels to make navigable the waters
of Charles County and for the construction of breakwater and other
waterway improvement projects, including mosquito control in county
waters.
(cc) In addition
to other powers provided in this section, the County Commissioners
of Dorchester County shall also have the power to make appropriations
to incorporated municipalities within said county.
(dd) Including
the counties excepted in subsection (a) of this section:
(1) To carry out,
construct, operate, and maintain any works of improvement for flood
prevention or the conservation, development, utilization and disposal
of water in watershed or subwatershed areas qualifying for federal
assistance under the provisions of the Watershed Protection and Flood
Prevention Act, as amended, c. 656, section 1, 68 Stat. 666 (1954),
16 U.S.C. 1001, hereinafter referred to as “the Watershed Act”.
(2) To have such
powers as are necessary to satisfy such conditions for federal assistance
as are or may hereafter be required under the Watershed Act or any
regulations issued pursuant thereto by the United States or any of
its agencies charged with the administration thereof.
(3) To accept such
grants of money and technical assistance as may be offered by the
United States or any of its agencies pursuant to the Watershed Act.
(4) To borrow money
from the United States or any of its agencies pursuant to the provisions
of the Watershed Act for such works of improvements on such terms
and conditions as may be permitted thereunder or any regulations issued
pursuant thereto, and to evidence such borrowing by the issuance of
such instruments as may be acceptable to the United States or any
of its agencies, any provision or limitation of any public general
or local law to the contrary notwithstanding.
(5) To borrow money
from private lending institutions and to evidence such borrowing by
the issuance of instruments generally in accordance with Article 31
of this Code or the charter provisions or applicable local laws of
the county.
(ee) (1) The
Talbot County Commissioners shall regulate the retail sale of alcoholic
beverages within Talbot County.
(2) Any law enacted
by the Talbot County Commissioners pursuant to this section shall
prevail over any provision of the Code of Public General Laws of Maryland
regulating the retail sale of alcoholic beverages. However, unless
and until the Talbot County Commissioners enact a law which is contrary
to a provision of the Code of Public General Laws regulating the retail
sale of alcoholic beverages, the provisions of the Code of Public
General Laws shall remain in effect.
(ff) The County
Commissioners of Caroline County may provide the State’s Attorney
for Caroline County with funds in the amount they deem suitable for
any special investigations or cases.
(gg) Repealed.
(hh) In St. Mary’s
and Charles counties, to regulate, by ordinance, consumption of alcoholic
beverages on public property. For the purpose of this subsection,
public property includes buildings, grounds, streets, highways, alleys,
sidewalks, and other structures or roads located in or on land in
St. Mary’s or Charles County which is owned by St. Mary’s
or Charles County, by the boards of education of St. Mary’s
and Charles counties, or by the State.
(ii) The County
Commissioners of Queen Anne’s County shall have the power to
adopt, amend and to enforce a comprehensive animal control ordinance.
(jj) The County
Commissioners of Frederick County may regulate the smoking of tobacco
products by designating smoking and no smoking areas in public buildings
owned, controlled, or financed by the State of Maryland in Frederick
County.
(kk) All political
subdivisions, including the counties excepted in subsection (a) of
this section, may make use of federal or State financial assistance
available for commercial or industrial redevelopment projects, for
the purpose of making grants, loans, or guaranteeing loans to private
entities; provided, that the authority granted by this subsection
may be used only for commercial or industrial redevelopment projects
and may not be used for residential or housing projects.
(ll) (1) (i) In
this section, “check” has the meaning stated in §
8-101 of the Criminal Law Article.
(ii) For purposes
of this section, determination of insufficient funds is governed by §
8-102 of the Criminal Law Article.
(2) In Washington
County, the County Commissioners may levy a fee for each check that
is presented in payment of any obligation to Washington County and
is dishonored due to insufficient funds.
(3) The County
Commissioners shall determine the amount of this fee.
(mm) (1) To
enact laws or regulations designed to prevent conflicts between the
private interests and public duties of any county officers or employees,
including the county commissioners, and to govern the conduct and
actions of all such county officers and employees in the performance
of their public duties, and to provide for penalties, including fines,
forfeitures, imprisonment, and removal from office for violation of
any such laws or regulations.
(2) This subsection
applies to the county commissioners of each county, including those
otherwise exempted by subsection (a)(2) of this section.
(nn) The County
Commissioners of Frederick, Garrett, and Washington counties may adopt
ordinances or resolutions providing for the licensure of persons engaging
in weather modification and requiring the reporting of any activity
performed with the intention of producing artificial changes in the
composition, behavior, or dynamics of the atmosphere as defined in
the National Weather Modification Policy Act of 1976, 15 U.S.C. §
330 et seq.
(oo) (1) In
accordance with the provisions of this subsection, to establish a
commercial district management authority for any commercial district
within its geographical limits.
(i) As to each
authority it establishes, the county commissioners shall:
1. Specify the
membership, organization, jurisdiction, and geographical limits of
the authority;
2. Specify one
or more of the following as the purposes of the authority:
A. Promotion;
B. Marketing;
and
C. The provision
of security, maintenance, or amenities within the district; and
3. Provide such
financing as it deems appropriate for the authority through fees which
may be charged to, or taxes which may be levied against, businesses
subject to the authority’s jurisdiction.
(ii) An authority
established pursuant to this subsection may not:
1. Exercise the
power of eminent domain;
2. Purchase, sell,
construct, or, as a landlord, lease office or retail space; or
3. Except as otherwise
authorized by law, otherwise engage in competition with the private
sector.
(iii) Any fees
or taxes 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 county.
(iv) The county
commissioners may establish an authority pursuant to this subsection
as a special taxing district.
(2) This subsection
applies to the county commissioners of each county, including those
otherwise exempted by subsection (a)(2) of this section.
(pp) (1) The
Board of County Commissioners of Calvert County may establish a separate
fully funded pension plan for the Calvert County Sheriff’s department.
The plan may provide for participation by:
(i) Each deputy
sheriff who is actively engaged in law enforcement;
(ii) The county
jail administrator; and
(iii) Correctional
officers assigned to the county jail.
(2) Any plan established
by the Board of County Commissioners under this section shall include
provisions regarding:
(i) Retirement
age eligibility;
(ii) Retirement
based on years of active service, regardless of age;
(iii) Early retirement
eligibility;
(iv) Disability
retirement;
(v) Death benefits
for a spouse or children;
(vi) Cost-of-living
adjustments; and
(vii) Cash refund
of contributions for participants terminating their employment.
(3) (i) Subject
to the provisions of subparagraph (ii) of this paragraph, the Board
of County Commissioners shall determine the effective date for any
plan that it establishes.
(ii) The effective
date of any plan established by the Board of County Commissioners
shall conform to the provisions of Title 31, Subtitle 3 of the State
Personnel and Pensions Article that concern the withdrawal by a county,
municipal corporation, or other political subdivision of the State
from the Employees’ Retirement System of the State of Maryland
and the Employees’ Pension System of the State of Maryland and
the transfer to a local retirement or pension system.
(4) (i) Any
pension plan established by the Board of County Commissioners of Calvert
County under this section may not be applied to any person whose term
of office ended prior to January 1, 1971, if that person is eligible
to receive a pension under § 2-309(f)(3) of the Courts and Judicial
Proceedings Article.
(ii) Any person
who elects to participate in a pension plan established by the Board
of County Commissioners under this section is not eligible to receive
pension benefits under § 2-309(f)(3) of the Courts and Judicial
Proceedings Article.
(qq) In accordance
with § 21-1119 of the Transportation Article, the County Commissioners
of Garrett County may:
(1) Designate a
county road within the county to be an “emergency snow route”;
(2) Regulate travel
upon such emergency snow route;
(3) Provide for
method of declaring a snow emergency;
(4) Prohibit the
parking or abandoning of a vehicle on an emergency snow route during
a snow emergency; and
(5) Authorize the
removal of a vehicle parked or abandoned on an emergency snow route
during a snow emergency.
(rr) (1) In
this subsection, “government organization” includes:
(i) A county;
(ii) A board of
education;
(iii) A municipal
corporation; or
(iv) A government
cooperative purchasing organization.
(2) The County
Commissioners of Garrett County may purchase goods and services through
a contract that has been entered into by a vendor and a government
organization that does not participate in a cooperative purchasing
agreement in which Garrett County is a member.