CHAPTER 11

HEALTH AND SANITATION

11-1. Reserved.

11-2. Permit prerequisite to establishment of livery stable under certain conditions.

11-3. House refuse, offal, garbage, etc., organic wastes, etc., slops, greasy or soapy water, etc., prohibited.

11-4. Tobacco Products - distribution through vending machines.

11-5. Penalty.

Sec. 11-1. Reserved.

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Sec. 11-2. Permit prerequisite to establishment of livery stable under certain conditions.

It shall be unlawful for any person to establish within the City any livery stable nearer than two hundred feet (200')to any dwelling house without first having obtained the consent of all property owners within a radius of two hundred feet (200'), and without a permit so to establish, keep, or maintain such livery stable issued by the Council.

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Sec. 11-3. House refuse, offal, garbage, etc., organic wastes, etc., slops, greasy, or soapy water, etc., prohibited.

No person shall place, collect, keep, or suffer to be on any property within the City any house refuse, offal, garbage, dead animal, decaying vegetable matter or organic wastes, substances, of any kind, nor any slops, greasy or soapy water, stagnant water, nauseous liquids or any other offensive matter, liquid or solid, liable to become a source of nuisance after exposure to the atmosphere or which by a stench or smell becomes a nuisance to the neighborhood or which becomes a breeding place for germs, or is liable to become a detriment to the public health.

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Sec. 11.4.  Tobacco Products - distribution through vending machines.

(a) Purpose.  The City finds that: (1) Studies have shown that smoking by minors constitutes a serious health problem; (2) cigarette vending machines provide easy access to cigarettes for minors, increasing the opportunity to smoke and the resulting health risks to the minor and the general public; and (3) other local jurisdictions in this State have acted to reduce the ability of minors to obtain tobacco products by regulating the placement of cigarette vending machines in public places.  The City therefore declares that: (1) The availability of cigarettes to minors through vending machines is detrimental to the public health, safety and welfare and is a public health hazard; and (2) vending machines shall be prohibited in public places accessible to minors within the City; and (3) operators or premises owners shall be required to obtain licenses from the City for placement of vending machines in approved non-accessible areas.

(b) Definitions.  For the purpose of this section the following terms have the meanings indicated:

(1) "Distribution" means the sale, dispensing, issuance or purchase for others of tobacco products.

(2) "Minor" means an individual under 18 years of age.

(3) "Operator" means and includes the person licensed by the State of Maryland to own, operate or service a vending machine (as herein defined) and its agents or employees.

(4) "Owner" means and includes the owner or lessee of any premises on which vending machines are located and any manager, agent or employee of the owner.

(5) "Person" means any natural person, corporation, partnership, firm, organization or other legal entity.

(6) "Public place" means any area to which the public is invited or permitted.

(7) "Tobacco product" means any substance which contains tobacco, including but not limited to cigarettes, cigars, smoking tobacco and smokeless tobacco.

(8) "Vending machine" means any mechanical, electronic or other similar device which dispenses tobacco products.

(c) Persons responsible.  Owners and operators shall be jointly liable for maintaining a vending machine in violation of this section.

(d) Licenses required.

(1) A vending machine shall not be placed or permitted to remain the City in a public place unless a license for its location has been obtained from the City.

(2) The license shall be renewed annually and a separate license shall be required for each vending machine location.

(3) Applications for licenses shall be made by owners or operators to the City Manager on forms furnished by the City.

(4) A fee of twenty-five dollars ($25) shall be charged for each license and renewal thereof in order to defray administrative costs.

(5) The application shall include such information as is necessary for the City to determine where the vending machine will be located and that the requested location is not generally accessible to minors.  Plans or drawings and a statement of how the location will be monitored or controlled to exclude access to minors will be required.

(6) Upon approval, the City shall issue a license for the placement of a vending machine at a specified location.  The license shall identify the location, the owner and the operator of the vending machine.

(e) License restrictions.

(1) No license shall be issued for placement of a vending machine except in locations which are not generally accessible to or frequented by minors, including by way of example, bars, cocktail lounges, and private clubhouses for members of fraternal or civic organizations not operated as public businesses or open to the general public.

(2) Notwithstanding the foregoing, no license shall be issued for a vending machine which is:

(i) Located in an unmonitored coat room, restroom, outer waiting area, or similar unattended or unmonitored area of such establishments; or

(ii) Accessible to the public when the establishment at which the vending machine is located is closed.

(iii) Located in an area which is less than twenty five (25) feet from any point of public ingress to or public egress from the establishment.

(f) Display of license.  The license shall be displayed on the vending machine or posted conspicuously in its immediate vicinity.

(g) Revisions.  If distributions to minors occur from licensed vending machines, the City may require licensees to relocate the machine and apply to revise the license.

(h) Revocation.

(1) The City Manager may revoke or refuse to renew a license for one or more of the following reasons:  Repeated distributions of tobacco products to minors from a vending machine; placing a vending machine in a public place without a license or in an unlicensed location; failure to pay any civic penalty for violations of this section unless otherwise adjudicated.

(2) The City Manager shall inform the applicant in writing of the denial, revocation, or nonrenewal of any license.  Upon receipt of the notice, the applicant may request review of the decision by Administrative Review Board in accordance with the provision of Chapter 1A of the Code.

(i) Violations and penalties.  The following shall constitute violations of this section and shall be subject to the provisions of Section 11-5 of this Chapter:  Failure to obtain or renew a license, placing a vending machine in an unlicensed location, and failure to display the license.  A person cited for a violation of this section may request to have the violation reviewed by the Administrative Review Board as provided in Sections 1-6 and Chapter 1A of the City Code.

(j) Regulations.  The City Manager, with the approval of the City Council, may promulgate reasonable regulations to carryout out the provisions of this Chapter. (Sec. 11-4 added by O-1-91, adopted 4/15/91, effective 5/15/91)

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Sec. 11-5. Penalty.

Violations this Chapter are municipal infractions, subject to the penalty and enforcement provisions of Chapter 1, Section 6 and 6A of this Code. The penalties for violating sections of this Chapter shall be One Hundred Dollars ($100.00) for the first offense and Four Hundren Dollars ($400.00) for every subsequent offense. (Sec. 11-5 amended by O-17-94, adopted 10/3/94).

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(Sec. 11-1 deleted by O-6-98, adopted 2/17/98, effective 3/18/98).