Title 5
Nuisance Control
Subtitle 1
Definitions; General Provisions
§ 5-101. Definitions.
(a) In general.
In this title, the following terms have the meanings indicated.
(b) Nuisance.
"Nuisance" includes any of the following, whether or not otherwise regulated by federal, state, or local law:
(1) garbage, rubbish, or other waste, as these terms are defined in Title 7 {"Waste Control"} of this article;
(2) vermin infestations or other unsanitary conditions;
(3) water or other liquid leaks or spills; or
(4) any other health or safety hazard.
(c) Person in charge.
"Person in charge", when used with reference to any property, means all persons who own that property or who have possession, charge, care, or control of that property, whether as a personal representative, trustee, guardian, agent, or otherwise, and whether alone or jointly with any other person.
(d) Property.
(1) "Property" means all forms of real and personal property and possessions,
(2) "Property" includes lots, structures, streets, wharves, docks, and other places.
§ 5-102. Commissioner's duties.
The Commissioner of Health is responsible for:
(1) inspecting all property in the City, as the Commissioner considers necessary or appropriate to discover nuisances; and
(2) requiring the removal of all nuisances so discovered.
Subtitle 2
Nuisance Abatement — Generally
§ 5-201. Responsibility of persons in charge.
Every person in charge of any property is obligated, jointly and severally with all other persons in charge of that property, to:
(1) remove or abate all nuisances on or originating from the property; and
(2) comply with all health- or safety-related laws that affect the property.
§ 5-202. Notice to persons in charge.
Whenever the Commissioner of Health discovers a condition that the Commissioner considers to be a nuisance or potential nuisance, the Commissioner may issue a written notice to one or more of the following persons or their respective agents:
(1) the person in charge of the property on which the condition exists;
(2) the person in charge of the property from which the condition originates; and
(3) the person in charge of any property that fronts on the street in which the condition exists.
§ 5-203. Contents of notice.
A notice issued under this subtitle must:
(1) identify the property and the condition;
(2) specify the law being violated;
(3) specify the corrective action to be taken;
(4) state the time within which that action must be taken; and
(5) state that, if corrective action is not timely taken:
(i) the Commissioner may do the needed work; and
(ii) all costs and expenses will be a lien on the property.
§ 5-204. Service of notice.
(a) In general.
A notice issued under this subtitle may be served by personal service or by certified mail, return receipt requested.
(b) Posting or publication.
If the person to be served cannot be found, the Commissioner may:
(1) post the notice on the property; or
(2) publish the notice in a newspaper of general circulation in the City.
§ 5-205. Abatement by Commissioner.
If the condition is not corrected within the time specified in the notice, the Commissioner may proceed to remove or abate the condition at the expense of the person in charge of the property.
§ 5-206. Costs and expenses.
(a) Person in charge liable.
The person in charge is liable to the City for all costs and expenses incurred in:
(1) removing or abating the condition identified in the notice; and
(2) posting or publishing notice under § 5-204 {"Service of notice"} of this subtitle.
(b) Costs and expenses as lien.
Until paid in full, these costs and expenses are a lien on the entire property from which the condition was removed or abated.
5-207 to 5-208. {Reserved}
§ 5-209. Enforcement by citation.
(a) In general.
In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code Article 1, Subtitle 40 {"Environmental Control Board"}.
(b) Process not exclusive.
The issuance of an environmental citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
§ 5-210. Penalties: $1,000.
Any person in charge who refuses, neglects, or otherwise fails to comply with a notice issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense.
Subtitle 3
Nuisance Abatement — Dwellings
§ 5-301. Definitions.
(a) In general.
In this subtitle, the following terms have the meanings indicated.
(b) Dwelling.
(1) "Dwelling" has the meaning stated in § 202.2 of the Baltimore City Building Code.
(2) "Dwelling" includes any dwelling unit or rooming unit.
(c) Dwelling unit.
"Dwelling unit" has the meaning stated in § 202.2 of the Baltimore City Building Code.
(d) Rooming unit.
"Rooming unit" has the meaning stated in § 202.2 of the Baltimore City Property Maintenance Code.
§ 5-302. Scope of subtitle.
This subtitle applies only to dwellings and does not in any way modify or affect the authority of the Commissioner of Health to enter and inspect any building, structure, or premises other than a dwelling.
§ 5-303. Enforcement of Maintenance Code.
The Commissioner may:
(1) enforce all provisions of the Baltimore City Property Maintenance Code; and
(2) issue violation notices and orders under that Code to:
(i) abate, remove, or otherwise deal with nuisances and emergencies affecting the public health; and
(ii) maintain and augment public health programs, such as rodent control, lead paint poisoning prevention, environmental sanitation, and housing hygiene.
§ 5-304. Right of entry.
(a) In general.
Whenever the Commissioner has reason to believe that a nuisance exists in any dwelling, the Commissioner has the same authority to enter and inspect that dwelling as does the Commissioner of Housing and Community Development.
(b) Procedures.
The entry and inspection of a dwelling must comply with the requirements of § 2-107 {"Right of entry"} of this article.
§ 5-305. Inspector's testimony.
(a) "Related law" defined.
In this section, "related law" has the meaning stated in § 104.6.2 {"Authority to seek warrant"} of the Baltimore City Building Code.
(b) Limit on testimony.
No inspector who gains entrance to a dwelling for the purpose of investigating a nuisance may obtain or furnish evidence of, or testify to, any offense other than:
(1) a violation of this article or of any related law;
(2) a felony; or
(3) a misdemeanor involving an act of violence that is committed in the inspector's presence.
5-306. {Repealed by Ord. 02-475.}
Subtitle 4
Lead-Based Paint
§ 5-401. Definitions.
(a) In general.
In this subtitle, the following terms have the meanings indicated.
(b) Lead-based paint.
"Lead-based paint" has the meaning stated in § 6-801(j) of the State Environment Article.
§ 5-402. Warning label required.
No person may possess, offer for sale, sell, or give away in the City any lead-based paint unless it bears the following or substantially equivalent warning:
"Warning — Contains Lead. Harmful if Eaten. Do not apply on any interior surfaces of a dwelling, or of a place used for the care of children, or on window sills, toys, cribs, or other furniture."
§ 5-403. Placement.
The warning required by this subtitle must:
(1) appear in a conspicuous place on the paint's immediate container;
(2) form an integral part of the printed label on that container; and
(3) be printed in letters that are legible and that conspicuously contrast with any other printing on the container.
§ 5-404. Labels not to indicate interior use.
No label on a container of lead-based paint may indicate in any way that the product is suitable for interior surfaces of dwellings or for interior surfaces of any places used for the care of children.
5-405 to 5-406. {Reserved}
§ 5-407. Enforcement by citation.
(a) In general.
In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code Article 1, Subtitle 40 {"Environmental Control Board"}.
(b) Process not exclusive.
The issuance of an environmental citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
§ 5-408. Penalties: $1,000.
Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense.
Subtitle 5
Bodily Wastes
§ 5-501. Spitting in public places.
No person may spit on:
(1) any footpath or sidewalk of any public street or public square;
(2) the floor or anywhere else in any public building under the control of the Mayor and City Council of Baltimore;
(3) the floor, platform, or steps of any railroad, bus, or other common carrier or of any depot or station;
(4) the floor or steps of any theater, store, factory, or other building that is used in common by the public;
(5) the floor of any hall or office used in common by the guests of a hotel or lodging house.
5-502. {Reserved}
§ 5-503. Urinating or defecating in public places — in general.
No person may urinate or defecate on or about:
(1) any public place, way, or park; or
(2) the mall or adjacent parking area of any shopping center.
§ 5-504. Urinating or defecating in public places — parents or guardians of minors.
A parent or guardian may not knowingly permit a minor for whom the parent or guardian is responsible to violate § 5-503 {"Urinating or defecating in public places — in general"} of this subtitle.
5-505 to 5-506. {Reserved}
§ 5-507. Minors urinating or defecating in public.
(a) Order to stop.
A police officer who finds any minor violating § 5-503 {"Urinating or defecating in public places — in general"} of this subtitle must order the minor to stop the violation.
(b) Failure to comply.
(1) If the minor fails to comply with the order, the police officer may take him or her into custody.
(2) After the information needed to carry out the purposes of this subtitle has been recorded, the minor must be:
(i) promptly released to his or her parent or guardian, with written notice to the parent or guardian of the violation; and
(ii) referred to the Baltimore City Police Department's court sanctioned pre-intake adjustment program.
5-508. {Reserved}
§ 5-509. Enforcement by citation.
(a) In general.
In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of:
(1) an environmental citation under City Code Article 1, Subtitle 40 {"Environmental Control Board"}; or
(2) a civil citation under City Code Article 1, Subtitle 41 {"Civil Citations"}.
(b) Process not exclusive.
The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
§ 5-510. Penalties: Varied.
(a) Spitting: $25/ $50.
Any person who violates any provision of § 5-501 {"Spitting in public places"} of this subtitle is guilty of a misdemeanor and, on conviction, is subject to:
(1) for a first offense, a fine of not more than $25; and
(2) for a second and any subsequent offense, a fine of not more than $50.
(b) Urinating or defecating — adult offenders: $500 and 30 days.
Any adult who violates § 5-503 {"Urinating or defecating in public places — in general"} of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 30 days or to both fine and imprisonment for each offense.
(c) Urinating or defecating — parent or guardian of minor: $200.
Any parent or guardian who violates § 5-504 {"Urinating or defecating in public places — parents or guardians of minors"} of this subtitle within 12 months after receiving written notice of the minor's having violated § 5-504 {"Urinating or defecating in public places — in general"} of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $200 for each offense.
Subtitle 6
Mosquitoes
§ 5-601. Definitions.
(a) In general.
In this subtitle, the following terms have the meanings indicated.
(b) Collection of water.
(1) "Collection of water" means any collection of standing or running water.
(2) "Collection of water" includes water contained in any ditch, roof or other gutter, pond, pool, excavation, depression, fountain, tank, well, barrel, tire, urn, can, box, bottle, tub, bucket, or other similar container.
§ 5-602. Purpose of subtitle.
The purpose of this subtitle is to get rid of the discomfort, annoyance, and health hazards that are caused by mosquitoes.
§ 5-603. Responsibility of persons in charge.
Every person in charge of any property is obligated, jointly and severally, to comply with the requirements of this subtitle.
§ 5-604. Collections prohibited unless treated.
No person in charge may keep or permit to be kept any collection of water in which mosquitoes are likely to breed, unless the collection of water is treated to effectively prevent breeding.
§ 5-605. Methods of treatment.
The method for treating a collection of water to prevent mosquitoes from breeding must be one or more of the following:
(1) emptying all water at least once every 5 days;
(2) using a larvicide approved by and applied in accordance with the requirements of the United States Environmental Protection Agency;
(3) cleaning and keeping the water free of vegetable growth and other obstructions and stocking with mosquito-destroying fish (the absence of half-grown or larger mosquito larvae to be evidence of having complied with this method);
(4) filling or draining to the satisfaction of the Commissioner of Health;
(5) removing, at least once every 5 days, all tin cans, tin boxes, broken or empty bottles, and similar articles likely to hold water;
(6) screening with wire netting of at least 16 meshes to the inch each way;
(7) screening with any other material that will prevent the ingress or egress of mosquitoes; or
(8) any other method that the Commissioner approves.
§ 5-606. Prima facie evidence of breeding.
(a) In general.
The natural presence of mosquito larvae in standing or running water is evidence that mosquitoes are breeding there.
(b) Required action.
Within 5 days of notice from the Commissioner, the person in charge of the premises must act to prevent further breeding.
§ 5-607. Notice to person in charge.
Whenever the Commissioner discovers a condition that could give rise to the breeding of mosquitoes, the Commissioner must issue a written notice to the person in charge, as provided in Subtitle 2 {"Nuisance Abatement — Generally"} of this title.
§ 5-608. Abatement by Commissioner.
(a) In general.
If the condition is not corrected within 10 days of the notice, the Commissioner may proceed to correct the condition at the expense of the person in charge.
(b) Costs and expenses.
All costs and expenses incurred by the Commissioner are a lien on the property as provided in Subtitle 2 {"Nuisance Abatement — Generally"} of this title.
5-609 to 5-610. {Reserved}
§ 5-611. Penalties: $500.
(a) In general.
Any person who refuses, neglects, or otherwise fails to comply with a notice issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense.
(b) Each day a separate offense.
Each day that a violation continues is a separate offense.
Subtitle 7
Weeds
§ 5-701. Responsibility of persons in charge.
Every person in charge of any property is obligated, jointly and severally, to comply with the requirements of this subtitle.
§ 5-702. Cutting grass, weeds, etc., required.
No person in charge of any land may allow:
(1) any grass, weeds, or other rank vegetation on that land to reach a height of 8 inches or more; or
(2) any grass, weeds, or other rank vegetation on an abutting sidewalk, gutter, or alley to reach a height of 4 inches or more.
§ 5-703. Destroying noxious weeds, etc., required.
(a) In general.
Every person in charge of any land must keep that land free from ragweeds, wild mustard, wild lettuce, wild parsley, common thistle, milkweed, poison ivy, and all other noxious weeds.
(b) Permitted methods.
The person in charge must destroy any noxious weeds on the land by:
(1) spraying with a chemical compound approved by and applied in accordance with the requirements of the United States Environmental Protection Agency;
(2) cutting and removal;
(3) digging under; or
(4) any other method that the Commissioner approves.
§ 5-704. Notice to person in charge.
Whenever the Commissioner of Health discovers a violation of this subtitle, the Commissioner may issue a written notice to the person in charge, as provided in Subtitle 2 {"Nuisance Abatement — Generally"} of this title.
§ 5-705. Abatement by Public Works.
(a) In general.
(1) If the condition is not corrected within 10 days of the notice, the Commissioner may notify the Director of Public Works, who must proceed to correct the condition at the expense of the person in charge.
(2) Grass, weeds, and other rank vegetation must be cut to a height of not more than 3 inches.
(b) Costs and expenses.
All costs and expenses incurred by the Director of Public Works are a lien on the property as provided in Subtitle 2 {"Nuisance Abatement — Generally"} of this title.
5-706 to 5-707. {Reserved}
§ 5-708. Enforcement by citation.
(a) In general.
In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code Article 1, Subtitle 40 {"Environmental Control Board"}.
(b) Process not exclusive.
The issuance of an environmental citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
§ 5-709. Penalties.
(a) In general.
Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to the penalties specified in this section.
(b) Basic penalty: $500.
Except as specified in subsection (c) of this section, the penalty for a violation is a fine of not more than $500 for each offense.
(c) Violation after notice: $1,000.
For a person who receives a notice under §5-704 {"Notice to person in charge"} of this subtitle and fails to comply with that notice, the penalty is a fine of not more than $1,000 for each offense.
Subtitle 8
[Reserved]
Subtitle 9
Miscellaneous Requirements
§ 5-901. Cleaning sidewalks and gutters.
The person in charge of any premises or lot must keep the sidewalk and gutters bounding on the premises or lot open and free from waste or obstructions and clean at all times.
§ 5-902. Keeping offensive materials on property.
(a) In general.
No person may use or keep on that person's property any liquid or solid matter that is or that, after exposure to the atmosphere or otherwise, is likely to become offensive or otherwise a nuisance.
(b) Illustrations.
This section applies to, among other things, any:
(1) blood;
(2) refuse coal oil;
(3) dead animal or part of an animal;
(4) domestic or sanitary sewage;
(5) excrement;
(6) filth;
(7) foul or nauseous liquid;
(8) garbage;
(9) slaughter house or other trade cleanings;
(10) stagnant water; or
(11) other offensive matter of any kind.
§ 5-903. Livestock.
Every person who keeps a cow, horse, or other livestock in the City must keep the animal and its stable or other housing in such a way that no filth or stench becomes offensive to or annoys any neighbor or other person.
§ 5-904. Deposit on streets, etc. prohibited.
No person may place or cause or allow to be placed on any street any noxious or objectionable matter that from its acid content or otherwise might be injurious or harmful to any person or to the clothing, household furnishings, or personal effects of any person.
§ 5-905. Plastic bags.
(a) "Plastic bag" defined.
"Plastic bag" means any bag that is:
(1) intended for household use or for packaging garments or other articles intended for household use;
(2) larger than 6 inches in diameter at the open end; and
(3) made of film less than 1 mil (0.001 inch) thick.
(b) Printed warning required.
No person may package, deliver, or sell in a plastic bag any article for use in or around the household or sell or distribute any plastic bag for use in or around the household unless the bag bears a warning as required by this section.
(c) Text of warning.
The warning must warn the consumer against the hazard of suffocation by children in the following or substantially equivalent wording:
"Warning: To avoid danger of suffocation, keep away from babies and children. Do not use in cribs, beds, carriages, or playpens. This bag is not a toy."
(d) Placement and size.
(1) The warning must be printed on, attached to, or accompany each plastic bag or each package of plastic bags delivered to the consumer.
(2) The warning must be prominently and conspicuously displayed in bold face type, in accordance with the following table:
| Combined length and width of bag | Minimum Size of Lettering |
|---|---|
| Less than 30 inches | 10 points |
| 30 inches or more, but less than 40 inches | 14 points |
| 40 inches or more, but less than 60 inches | 18 points |
| 60 inches or more | 24 points |
§ 5-906. Abandoned refrigerators, etc.
No person may place or permit anyone else to place in any location that is outside of a dwelling or other building and accessible to children any abandoned, unattended, or uncrated ice box, refrigerator, or freezer cabinet equipped with a door or lock that cannot be opened from the inside.
5-907 to 5-909. {Reserved}
§ 5-910. Penalties.
(a) In general.
Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to the penalties specified in this section.
(b) Basic penalty: $500.
Except as otherwise specified in this section, the penalty for a violation is a fine of not more than $500 for each offense.
(c) Violation after notice: $1,000.
For a person who receives a notice under Subtitle 2 of this title to correct a violation of any provision of this subtitle and fails to comply with that notice, the penalty is a fine of not more than $1,000 for each offense.
(d) Abandoned refrigerators: $500 and 30 days.
(1) For a person who violates any provision of § 5-906 {"Abandoned refrigerators, etc."} of this subtitle, the penalty is a fine of not more than $500 or imprisonment for not more than 30 days or both fine and imprisonment for each offense.
(2) Each day that a violation of § 5-906 continues is a separate offense.