CHAPTER 16.

OFFENSES - MISCELLANEOUS

16-1.  License prerequisite to distribution, posting, etc. of bills, posters, circulars, etc.

16-2.  License duration; fee; bond requirements.

16-3.  Nonreturnable beverage containers - use prohibited; exceptions.

16-4.  Disturbing the peace.

16-5.  Prize fighting, cock fighting or animal fighting prohibited.

16-6.  Discharging weapons prohibited; exceptions.

16-7.  BB Guns, slingshots, bows and arrows, and similar devices.

16-8.  Breaking, carrying away, etc. of public property prohibited.

16-9.  Railroads prohibited from unauthorized operation on or across streets.

16-10. Railroads prohibited from unauthorized obstructing, etc., sidewalks, streets, etc., prohibited.

16-11. Unauthorized removal of water from fire hydrants.

16-12. Penalties.

Sec. 16-1. License prerequisite to distribution, posting etc. of bills, posters, circulars, etc.

(a) No person shall distribute any bill, poster, circular, pamphlet or other advertising matter upon any of the streets of the City by handing the same to any person in any vehicle upon any streets without first obtaining a license to do so from the City Treasurer.

(b) No person shall carry on the business of a bill poster or erect or use any billboards on the streets, alleys, lanes or public squares of the City on which to post bills, without first obtaining a license to do so from the City Treasurer.

(c) This section does not apply to trustees, attorneys, auctioneers and printers, or to private parties having bills concerning their business distributed and posted in the City.

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Sec. 16-2. License duration; fee; bond requirements.

(a) The license required by section 16-1 shall be for the period of one (1) year from the date of issuance.  It shall be issued upon the payment by the applicant to the City Treasurer of a license fee of One Hundred Dollars ($100) a year, payable in advance, and upon the delivery to the City Treasurer of a penalty bond in the amount of Five Thousand Dollars ($5,000) executed by a surety to be approved by the City Attorney.

(b) The bond shall hold harmless and indemnify the City from any liability incurred in the distribution of such posters and circulars, including but not limited to:  any and all damage, costs, loss or injury, including court costs and reasonable attorney fees, resulting from the handing of such advertisements to an occupant or occupants of a vehicle or vehicles by the licensee, its agent, agents, or employees, or from any unlawful act or acts of such licensee, its agent, agents, or employees.

(c) The license holder shall further keep the streets of the City upon which such advertisements may be distributed free and clear at all times from all such advertisements as may be thrown from vehicles by the occupants thereof or that may become scattered on the streets in any matter whatsoever.

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Sec. 16-3. Nonreturnable beverage containers - use prohibited; exceptions.

(a) It shall be unlawful and an offense for any person to sell, offer for sale or attempt to sell any malt beverage or soft drink beverage in a container on which a deposit of at least five cents (5¢) is not charged at the retail level and on which the deposit is not returned when the container filled on order at the retail level.

(b) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them below:

1.  Beverage:

(a) Soft Drink Beverage.  Ginger ale, root beer, sarsparilla, pop, any mineral waters, soda waters, cola or other carbonated or noncarbonated beverages, artificial mineral waters in liquid form commonly know as soft drinks.  Soft drink beverages does not include dairy products or fruit juices.

(b) Malt Beverages.  Any beverage obtained by alcoholic fermentation or an infusion or decoction of barley, malt and hops or other wholesome grain or cereal, and water.  Examples shall include, but not be limited to, beverages commonly referred to as beer, ale, stout, porter or malt liquor.

2.  City.  The territory within the corporate limits of the City of Bowie.

3.  City Manager.  The City Manager of the City of Bowie or his designee.

4.  Container.  Any device made of glass, metal, plastic or other material which directly holds or contains malt beverages or soft drinks.

5.  Sale.  A commercial transaction by any person, firm, individual, corporation, partnership or vendor whereby beverages are sold directly to the public for a monetary consideration for the purpose of consumption.

(c) The City Manager, or his designee, shall have the authority to enter upon the premises of any firm, individual, corporation, partnership or vendor selling beverages and which is licensed to conduct a business under the laws of this state, for the purpose of performing inspections to determine if such firm, individual, corporation, partnership or vendor is in compliance with the provisions of this section.

(d) This Chapter shall take effect twenty (20) calendar days following the effective date of similar legislation enacted by the State of Maryland or Prince George's County.

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Sec. 16-4. Disturbing the peace.

(a) No person shall operate a noise making, noise amplifying, or noise-producing instrument or device by which the peace and good order of the neighborhood is disturbed.

(b) No person shall operate any radio, television or music-producing device in any public place in a manner in which the peace and good order of the neighborhood or persons owning or occupying property in the neighborhood are disturbed or annoyed.

(c) Operation of the instruments described in subsections (a) and (b) shall be considered a nuisance.

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Sec. 16-5. Prize fighting, cock fighting or animal fighting prohibited.

It shall be unlawful to hold any cock fight, dog fight, or any fight involving any other animal within the City.

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Sec. 16-6. Discharging weapons prohibited; exceptions.

(a) No person shall discharge any firearms within the City.  This subsection shall not apply to:

1.  Rifle ranges or shooting galleries which have been inspected and approved in writing by the City Administrator;

2.  Private grounds or premises under circumstances when such firearms can be fired, discharged or authorized in such a manner as to prevent the projectile from traversing any grounds or space outside the limits of such gallery, range, grounds or residence;

3. United States Marshalls, Sheriffs, Constables and their Deputies, and any regular, special or ex-officio police officer, or any other law enforcement officer or any member of the Armed Forces of the United States or the National Guard while such persons are engaged in the discharge of their duties; and

4.  Persons exercising their right of self-defense, or defense of others.

(b) No person shall hunt within the City.

(c) No person shall transport any airgun, BB gun, gas operated gun or spring gun on any public way except when such weapon is unloaded and properly cased.

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Sec. 16-7. BB guns, slingshots, bows and arrows, and similar devices.

(a) A person may not discharge or use any BB gun, slingshot, bow and arrow or any similar device within the City except on private property with the express permission of the owner or other person entitled to possession of the property, and in a manner to prevent the discharged pellet or object from traversing any grounds or space outside the limits of the property, or except at an indoor or outdoor target range under the supervision of an adult.

(b) For purposes of this section, "BB guns, slingshots, bows and arrows and similar devices" shall include any device, by whatever name or description known, designed to discharge a pellet or other object by force of a spring, elastic band, gas cylinder, air cylinder, gas cartridge or air cartridge.

(c) Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, subject to a penalty of One Hundred Dollars ($100.00) or a maximum of thirty (30) days imprisonment.

(d) In addition to the criminal penalties listed in paragraph (c) of this section, a violation of this section constitutes a civil infraction and is subject to the penalty set forth in Chapter 13A of this Code.

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Sec. 16-8. Breaking, carrying away, etc. of public property prohibited.

No person shall break, damage, mutilate or carry away any lamp, barrier, street designation, fixture, road marker, official sign, flare, or any part of any public lamp or any official marker or designation, or any other City property erected for the regulation and control of traffic.

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Sec. 16-9. Railroads prohibited from unauthorized operation on or across streets.

No railroads shall be constructed, maintained, or operated upon, along, over, under, or across any of the streets, avenues, roads and alleys within the City, except upon written permission from the City Council and subject to such regulations as it may prescribe, including, but not limited to, the following:

(a) The construction and maintenance of crosswalk in the area of a street within the intersection of a railroad and a street;

(b) The paving of its roadbed to conform to the pavement of the street; and

(c) The conformity of its roadbed and tracks with a change of grade or surface in the street.

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Sec. 16-10. Railroads prohibited from unauthorized obstructing, etc., sidewalks, streets, etc., prohibited.

No railroad locomotive, engine, or railroad car or train of cars shall encumber or obstruct any sidewalk, crosswalk or any street within the City for a longer continuous period than ten (10) minutes.

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Sec. 16-11. Unauthorized removal of water from fire hydrants.

(a) Unauthorized removal of water prohibited.  It shall be unlawful for any person to remove water from any fire hydrant in the City except that members of the Prince George's County Fire Department and of any Volunteer Fire Department may remove water from fire hydrants in the City as may be necessary in connection with their fire fighting activities.

(b) Notice of violation.  Upon witnessing any violation of this Chapter the Code Enforcement Officer shall issue to the offender a notice of ordinance violation.

(c) Penalty imposed by notices.  All notices of violation of this section shall impose upon the recipient a fine of Two Hundred Fifty Dollars ($250).  The fine shall be paid to the City Office of Finance within seventy-two (72) hours of issuance.  In the event such fine is not paid within the time allowed, a summons shall be initiated before a judicial officer and any person found to be guilty of violation of this section shall be guilty of a misdemeanor and shall be subject to a fine not exceeding Five Hundred Dollars ($500) and imprisonment not exceeding ninety (90) days or both such fine and imprisonment.

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Sec. 16-12. Penalties.

Violations of Sections 16-1 through 16-7 and 16-10 are municipal infractions subject to the penalty and enforcement provisions of Chapter 1, Sections 6 and 6A of this Code. (Sec. 16-12 amended by O-17-94, adopted 10/3/94).

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