Salisbury "Crossroad of Delmarva"

Section 8.04.010 Purpose and definitions.
    The purpose of this chapter is to provide standards and regulations applicable to alarms such as burglar (or intrusion), holdup (or robbery) alarms, etc., alarm companies, alarm agents and alarm users as defined in this chapter. It is the intent of this chapter to provide for registration of alarm companies, to control false alarms, to ensure proper use of alarms, to place a time limit on audible alarms and to provide penalties for violations of this chapter.
    For the purpose of this chapter, the following words shall have the meanings ascribed to them:
    “Alarm” means activation of any alarm system that indicates that a criminal activity is taking place. The alarm may be an audible alarm at the place of the criminal activity or it may be transmitted to a monitor station by electronic means.
    “Alarm agent” means any person employed by an alarm company whose duties include the altering, installing, maintaining, moving, repairing, replacing, selling, servicing, responding to or causing others to respond to an alarm device.
    “Alarm company” means any person who engages in the business of altering, installing, leasing, maintaining, repairing, selling at retail, servicing or responding to a burglar or holdup alarm system but does not include telephone answering services which receive alarm activation signals and relay information to the police department but do not function in any other manner as a security alarm system.
    “Alarm system” means any assembly of equipment, mechanical or electrical, arranged to signal an alarm indicating an unauthorized entry to other criminal activity requiring attention and to which the police are expected to respond. Alarm system includes devices activated automatically, such as burglary alarms and devices activated manually, such as holdup alarms.
    “Alarm user” means any business or building to which an alarm system is attached.
    “Audible alarm system” means an alarm system which utilizes an audible device such as a siren, bell, horn, etc., as a warning device when the alarm is activated.
    “Automatic dialing device” means an alarm system which automatically sends over a regular telephone line, by direct connection or otherwise, a prerecorded voice message indicating the existence of the emergency situation that the alarm system is designed to detect.
    “Central monitoring station” means a control center, including but not limited to a telephone answering service which provides for the receiving, on a continuous basis through trained employees, emergency signals from alarm systems and thereafter immediately relaying the message by live voice to the communication center of the police department of the city of Salisbury.
    “City” means the city of Salisbury, Maryland.
    “False alarm” means any alarm caused by means other than criminal activity, including but not limited to the activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner or lessee of an alarm system or of his employees or agents; any alarm that is caused by means other than criminal activity.
    “Holdup alarm system” means an alarm system signaling a robbery or attempted robbery.
    “Panic alarm” means an alarm system described or advertised for the purpose of being normally or otherwise activated by a person to summon police for any reason other than robbery or robbery attempts.
    “Person” means any person, firm, partnership, association, corporation, company or organization of any kind.
    “Police chief” means the chief of the police department of Salisbury, Maryland, or his designated representative.
    “Police department” means Salisbury police department.
(Ord. 1907 (part), 2004)

Section 8.04.020 License--Required.
    A. It is unlawful for any person or alarm company doing or intending to do business within the city limits of the city of Salisbury without first having obtained a license from the finance department.
    B.   The application for an alarm company license shall be signed by the individual proprietor of the business or by a partner or by the proper corporate official as is appropriate for the form of business seeking to register for a license.
    C.   The police department shall establish standards which an alarm company must meet to obtain an alarm company license. The police department shall refuse a license to any alarm company that fails to meet its alarm company standards.
    D. The police department shall, within thirty (30) days after receipt of the application, either approve or deny the issuance of a license. In the case of approval, the finance department shall notify the applicant in writing of the approval and shall issue a license on a form established by the finance department. In the case of denial, the police department shall notify the applicant in writing of the denial and of the basis for the denial. The notice of denial shall inform the applicant that he may appeal the denial and set forth a procedure for appeal. A procedure for appeal shall be established by the police department. (Ord. 1907 (part), 2004)

Section 8.04.030 Application for license--Fees.
Applications shall be made on forms furnished by the finance department. The applicant shall pay a one-time registration fee of fifty dollars ($50.00) and may renew their registration, at no cost, prior to expiration each calendar year. All companies currently doing business in the city will have to re-register and update information before July 1, 2004. This fee will defray costs associated with the processing and review of the registration forms. (Ord. 1907 (part), 2004)

Section 8.04.040 Alarm companies to provide list of users to police.
    A. All licensed alarm companies shall provide the police department with the following:
    1. A complete list of names and addresses of all persons to whom alarm systems have been sold, leased, rented or otherwise given use of;
    2. The alarm system's location;
    3. All other information requested on a form provided by the police department.
(Ord. 1907 (part), 2004)

Section 8.04.050 False alarms--Violations and penalties.
A. If, within a calendar year, the police department responds to more than two false alarms at the same location, the following response fees will be charged to the property owner.

FALSE ALARM OCCURRENCE	FEE

1st	$ 0.00
2nd	0.00
3rd	50.00
4th	100.00
5th	150.00
6th	200.00
7th	250.00
8th	300.00
9th	400.00
10th	500.00
11th	600.00
12th	700.00
13th	800.00
14th and above	1,000.00

Section 8.04.060 Weather-related activation of alarms.
A. Due to the activation of many alarms during severe weather, the on-duty commander of the police department shall have the option of assigning alarms a low priority during this time. If time permits, the building may be visually checked by an officer. If, because of other calls or because of an excessive amount of alarms, the police department is unable to respond to the alarm location, the central station will be notified of the problem, and it will be the alarm company’s responsibility to have someone check the building or to notify a representative of the business of the situation. Once this notification is made, the police department is relieved of any responsibility to respond to that alarm. (Ord. 1907 (part), 2004)

Section 8.04.070 Holdup alarms.
It is unlawful for any alarm user to activate any alarm system known as a “holdup alarm” to summon police for anything other than a holdup in progress. Use of alarm systems for crimes such as thefts, disorderly or intoxicated subjects is prohibited and shall be charged as a false alarm. (Ord. 1907 (part), 2004)

Section 8.04.090 Audible alarm systems.
It is unlawful for any person, firm or business to install or maintain any audible alarm system which does not automatically discontinue emitting an audible sound within fifteen (15) minutes. The use of an audible alarm by itself is prohibited. The alarm must have the capability of notifying someone of an alarm activation by means other than emitting an audible sound. This shall not apply to fire alarms, elevator emergency alarms or alarms which indicate a medical emergency. (Ord. 1907 (part), 2004)

Section 8.04.100 Auto dialer.
It is unlawful for any person to have any device attached in any way to a telephone or telephone-type equipment which, when activated by remote control, dials a preprogrammed number and transmits a prerecorded message communicating a then-existing emergency condition, including but not limited to fire, illness or a criminal offense, which uses the telephone number of the police department. The police chief is authorized to grant exceptions for handicapped persons. (Ord. 1907 (part), 2004)

Section 8.04.120 Operating without a license--Penalties.
    A. An alarm company may not do business, including but not limited to installing, altering, leasing, monitoring, maintaining, repairing, replacing or servicing an alarm system, within the city of Salisbury, without an alarm company license. A violation of this subsection shall be a misdemeanor, subject to imprisonment of up to thirty (30) days, or a fine not to exceed five hundred dollars ($500.00) or both.
    Any alarm company doing business in the city in violation of Section 8.04.030 or 8.40.040 shall be guilty of a misdemeanor and subject to a fine not to exceed five hundred dollars ($500.00) and imprisonment not to exceed thirty (30) days or both.
    B.   Any alarm company doing business in the city of Salisbury on the effective date of the ordinance codified in this chapter shall apply for a license within thirty (30) days of the effective date of the ordinance codified in this chapter and may continue doing business while its license application is being processed, and any alarm company not previously doing business in the limits of the city on the effective date of this chapter shall not commence doing business until the application is approved.
    C.   Any violation of this chapter which does not specifically provide for a penalty shall be a misdemeanor and subject to a fine of not more than one hundred dollars ($100.00). (Ord. 1907 (part), 2004)

Section 8.08.010 Cutting or removal of grass, weeds, brush and plant growth required.
Every owner of any area, lot or parcel of land shall cut, trim or otherwise remove or to cause to be cut, trimmed or otherwise removed all grass, weeds, brush or plant growth in excess of ten inches. "Weeds" shall be defined as all grasses, annual plants and vegetation other than trees or shrubs; provided, however, that this term shall not include cultivated flowers and gardens. It shall be the duty of any person owning any plat of ground in the city to prevent the growth of weeds thereon as shall constitute a health hazard, fire hazard, safety or traffic hazard or public nuisance. (Prior code § 50-1)

Section 8.08.020 Maintenance of curbs, gutters and sidewalks clear of growth.
Property owners of any lot or land located in the city shall maintain their respective curbs, gutters and sidewalks bordering their parcels of land in such condition as to be clear of all growth of grass, weeds, brush or plant growth within the curb, gutter and sidewalk. (Prior code § 50-2)

Section 8.08.030 Notice to remove growth.
    A. The director of the department of building, housing and zoning is authorized and empowered to give written notice to the owner of any lot or parcel of land who has permitted the excessive growth of grass, weeds, brush or plant growth upon his property or has permitted the same to grow in the curb, gutter and sidewalk to cut, destroy and remove the same within ten days from the date of such notice.
    B. In the event that an owner has been given a notice to cut, destroy and remove excess growth of grass, weeds, brush or plant growth on his property and then receives a subsequent notice in regard to the same property in any calendar year, then the period of time provided to cut, destroy and remove such excess growth of grass, weeds, brush or plant growth shall be two days.
    C. Any notice required by this chapter to be served shall be deemed to have been served when served by any of the following methods:
    1. By depositing the notice or order in the United States Post Office, first class postage prepaid, addressed to the owner at his last known address as recorded in the real estate assessment records of the city of Salisbury and by posting a copy of the notice or order in a conspicuous place on the property subject to the order;
    2. When delivered to the person to be notified; or
    3. When left at the usual residence or place of business of the person to be notified with a person of suitable age and discretion then resident or employed therein. (Ord. 1650, 1997: prior code § 50-3)

Section 8.08.040 Action upon noncompliance with notice to remove growth.
Upon failure, neglect or refusal of any owner so notified to cut, destroy and remove such excessive growth of grass, weeds, brush or plant growth and any growth on the curb, gutter and sidewalk, either or both, upon his property within the time specified in the notice provided for in Section 8.08.030, the owner shall be in violation of this chapter and shall be guilty of a municipal infraction and, upon conviction in any court of competent jurisdiction, shall be fined twenty-five dollars ($25.00) for the initial offense and fifty dollars ($50.00) for each day that the offense remains unabated up to a maximum of five hundred dollars ($500.00). Every such person may be guilty of a separate offense for every day such violation shall continue. (Ord. 1571 (part), 1993: prior code § 50-4)

Section 8.08.050 Removal by city--Assessment of costs.
In the event of failure, neglect or refusal of any owner duly notified, pursuant to Section 8.08.030, to cut, destroy or remove such excessive growth of grass, weeds, brush or plant growth from his property within the applicable time period specified in the notice, the director of the department of building, housing and zoning shall have the power or contract to cut, trim or remove such weeds, grass, brush or plant growth or accumulation of dead weeds, grass, brush or plant growth on any such area, lot or parcel of land or sidewalk area in the city of Salisbury and assess the cost to the property. (Prior code § 50-5)

Section 8.08.060 Costs of removal to constitute lien on property--Interest--Collection.
The cost or expense of such work ordered by the director of the department of building, housing and zoning, plus one hundred dollars ($100.00) for administrative costs incurred under this chapter, unless paid in full by the property owner within thirty (30) days after the same is billed by the city treasurer, shall cause a lien on the property and shall draw interest from and after such thirty (30) days at the same rate that applies to real estate taxes. (Prior code § 50-6)

Section 8.11.010 Adoption of the Fire Prevention Code.
The city of Salisbury adopts the State Fire Prevention Code, as promulgated pursuant to the Annotated Code of Maryland, Article 38A, Section 3 and related COMAR regulations. (Ord. 1843 (part), 2002)

Section 8.11.020 Amendments to the State Fire Prevention Code.
    A. The NFPA 101 Life Safety Code (2000 Edition) is incorporated by reference, and is adopted with state amendments with the exception of COMAR 20.06.04 - Fees for Fire Prevention Services.
    B. The NFPA 1, Fire Prevention Code (2000 Edition) is incorporated by reference, and is adopted with state and local amendments.
    The local amendments are:
    1. Amend Section 1-8, Board of Appeals, by deleting the text thereof in its entirety and replacing it with the following:

The Board of Appeals shall be the Building Board of Adjustments & Appeals as adopted by the International Building Code (2000 Edition).

Any person who fails to comply with the provisions of this code or who fails to carry out an order made pursuant to this code or violates any condition attached to a permit, approval, or certificate may be subject to municipal infractions not to exceed $500.00 each day and be guilty of a misdemeanor.

Failure to comply with the time limits of an abatement notice or other corrective notice issued by the authority having jurisdiction may result in municipal infractions not to exceed $500.00 each day that the violation/s continues and the jurisdiction shall have authority as provided by law to evacuate, vacate and order such building or structure to be closed to public.

4. Amend Section 3-4, Open Outdoor Fires, Incinerators, and Outdoor Fireplaces, by deleting Sections 3-4.2, 3-4.3, 3-4.4, 3-4.5, and 3-4.6 to read:

§ 3-4.2 Allowable Burning. Open burning shall be allowed only for the limited purpose of disposing of tree trunks, branches, stumps and other debris associated with the clearing of land for commercial, industrial and residential development. Prior to such open burning, the owner or developer of the land shall obtain a permit or other proper authorization from the Code Official.

§ 3-4.3 Application. Applications for open burning shall be submitted in writing at least seven days before the fire is set and shall be in such form and contain such information as required by the Code Official. Such applications shall contain, as a minimum, information regarding: the purpose of the proposed burning, the nature and quantities of material to be burned, the date when such burning will take place, the location of the burning site and the on site fire-extinguishing equipment to be provided.

    § 3-4.4 Conditions for Approval. The Code Official, upon receipt of an application, may issue or approve a permit in writing allowing an open fire, provided all of the following conditions are met:
    1. The Code Official is satisfied that there is no practical method to dispose of the material to be burned or to conduct the desired activities;
    2. A hazardous condition or air pollution or nuisance will not be created;
    3. Fire control laws or regulations of other governmental agencies will not be violated;
    4. Materials which produce dense smoke when burned, including, but not limited to, tires and roofing material, will not be burned;
    5. The material to be burned shall have originated on the premises on which it is to be burned. The Building Official may impose other conditions to minimize the creation of smoke, to prevent nuisances and air pollution and to protect the health, safety, comfort and property of any persons.

3-4.5 Open Burning Prohibited. The Code Official shall prohibit open burning that will be offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make fires hazardous. The Code Official shall order the extinguishment, by the permit holder or the Fire Department, of any open burning which creates or adds to a hazardous or objectionable situation.

C. The International Building Code (2000 Edition) is incorporated by reference, and is adopted with state and local amendments. (Ord. 1843 (part), 2002)

Section 8.11.030 Setbacks.
Outside above-ground unprotected flammable liquid storage tanks shall be separated from lot lines and public ways by a minimum of seventy-five (75) feet. (Ord. 1843 (part), 2002)

Section 8.12.020 Definitions.
For the purpose of this chapter, the terms hereinafter set forth shall be defined as follows:"Emergency vehicle" means a vehicle so designated or authorized by the administrator of the State Motor Vehicle Administration.
"Fire lane" means a designated lane required to be permanently open for the ingress or egress of the fire department and other emergency vehicles only, in order that fires may be prevented or controlled and exitways are kept unobstructed for life safety. (Prior code § 73-1)

Section 8.12.030 Designation of fire lanes--Posting of signs.
A. When he deems it necessary, the fire chief shall designate fire lanes on public streets and on private property used for commercial, industrial or apartment projects for the purpose of preventing parking in front of or adjacent to fire hydrants or to provide access for fire-fighting equipment. He shall also designate fire lanes on private property used by the public in general for the purpose of preventing parking in front of or adjacent to fire hydrants or to provide access for fire-fighting equipment.
B. The fire chief shall cause the owner to post sufficient signs at all established fire lanes, the notice to read as follows: "No Parking: Fire Lane." Such sign(s) shall not be removed without written permission of the fire chief. (Prior code § 73-2)

Section 8.12.040 Responsibility of property owner.
The property owner is directed, wherever necessary, to secure compliance with the terms of this chapter and to furnish and erect appropriate signs as directed and to give appropriate warning or notice concerning unlawful obstruction as set forth herein and, if necessary in order to enforce compliance, to cause the removal by towing away or otherwise of any debris, vehicles or other objects which interfere with or obstruct previously established and marked fire lanes or fire hydrants for the access or operation of any fire department equipment or other emergency vehicles or equipment. (Prior code § 73-3)

Section 8.12.050 Obstruction of fire lanes prohibited.
It is unlawful for any person or for any property owner whose private property is used by the public in general to obstruct or interfere with or to allow the obstruction or interference with the operation of any emergency vehicle or equipment or to obstruct or to allow the obstruction of access by emergency equipment to any fire hydrant, to any fire department connection, to any designated fire lane on either public or private property or to park or to allow the parking within any fire lane. (Prior code § 73-4)

Section 8.16.010 Definitions.
    As used in this chapter, the following terms shall have the meanings indicated:
    "Ashes" means the solid residue of the combustion of solid fuels used in heating or cooking as occurring in households.
    "Cartons" and "boxes" means containers of such size as to be difficult to dispose of in an approved container by virtue of size, shape or construction.
    "Garbage" means the waste materials from normal household living conditions, including waste foodstuffs of vegetable or animal origin, paper products, fabrics, plastic and metal containers, bottles, crockery and other similar materials, free of hazard of explosion, conflagration or hazard to collection personnel.
    "Refuse" means a combination of all of the items listed above to form a composite residential-type solid waste material.
    "Rubbish" means garden, lawn and tree trimmings, leaves, bricks, masonry and metal or wooden objects which can be deposited in an approved container, as well as tree and shrubbery limbs securely bundled in lengths not exceeding four feet in length. (Prior code § 81-1)

Section 8.16.020 Service standards for residential properties.
    A. It shall be the responsibility of the department of public works to provide a weekly collection of residential refuse.
    B. Collection shall be rendered at the curb, roadside or alley abutting the residential property. Under no circumstances shall public works employees or agents enter private property to collect refuse, except as may be provided in this chapter.
    C. It shall be the responsibility of the department of public works to protect the property of residents from unnecessary damage or abuse resulting from any refuse collection activity. Claims for damage to premises or containers must be supposed by reasonable evidence to receive consideration for replacement or reimbursement.
    D. The city may, at its option, provide bulk collection service where residences are concentrated in high-density situations. In these cases, the management, community association, condominium association or the like shall be officially notified of the details of the service to be rendered. It shall be the responsibility of the public works department to make agreements with the appropriate management organization for the placement of bulk containers on either public, private or common ownership property. The standard of service shall be sanitary, and containers shall be maintained in a nonoffensive manner.
    E. Nothing in this chapter shall preclude the provision of contractual collection services as opposed to collection by municipal employees and equipment.
    F. The city assumes no responsibility for collection of refuse and rubbish from nonresidential property. The term "nonresidential property" shall include mixed-use properties which contain residential and nonresidential uses within the same structure. Notwithstanding the above, the city may assume responsibility for collection of refuse and rubbish from nonresidential property located within the city that is used exclusively as a church or other bona fide charitable, religious, social welfare or recreational nonprofit organization, except medical waste generators, hospitals, noncity governmental property or organizations and schools, public or private. Such church or other bona fide nonprofit organization must provide substantial social services to the community. A church or such bona fide nonprofit organization must apply for collection to the department of public works, setting forth the name and address of the organization, the volume of trash estimated to be generated, the social services provided to the community and such other information as may be required by the department. The department will then determine whether the church or other bona fide nonprofit organization qualifies for collection. An appeal of the decision of the department may be made in writing to the city council. (Ord. 1736 § 1, 1999)

Section 8.16.030 Service standards for nonresidential properties.
A. Nonresidential establishments not served by municipal collection shall provide appropriate containers for private collection.
B. All nonresidential establishments shall have all refuse and nonresidential-type waste materials removed from their premises no fewer than one time per week. (Prior code § 81-3)

Section 8.16.040 Applicable regulations for private collection.
Private individuals or firms engaged in the business of refuse collection in the city of Salisbury or who may use the streets of Salisbury for the transport of these materials shall be subject to all federal, state or local laws, ordinances, codes or regulations applicable to the operation and maintenance of motor vehicles, including air and noise pollution. (Prior code § 81-4)

Section 8.16.050 Scavenging--Special collections of recyclable materials.
It is unlawful for anyone to disturb any refuse containers or to remove their covers or any contents thereof, except the occupants of the premises on which the containers are placed or their duly authorized agents or the duly authorized employees or agents of the city of Salisbury. (Ord. 1874, 2003; prior code § 81-5)

Section 8.16.060 Collection rules and regulations.
    All refuse must be stored and offered for collection in an approved container unless exempted herein. The regulations are as follows:
    A. Approved refuse containers shall be watertight cans made of metal or heavy-duty rubberized or plastic material, with handles and tight-fitting covers. Cans shall not exceed twenty (20) gallons' capacity, and not more than six cans will be permitted for each residence.
    B. Plastic bags with a capacity of thirty (30) gallons or less and maintaining complete closed integrity may be used for all refuse. However, it shall be the property owner's responsibility to maintain these bags until they are collected by city collection crews.
    C. Receptacles for the keeping and collection of ashes shall be made of metal and of the same size and description as refuse receptacles; however, when twenty-gallon containers are used for ashes, they shall not be filled more than one-half full. Ashes shall not be offered for collection until they have cooled sufficiently to avoid a danger of fire in the body of the collection vehicle.
    D. Residents that have been supplied automated collection containers (ninety-five-gallon capacity normal or sixty-five-gallon capacity by special request) must use those containers for all refuse except as specified below. Containers must be placed at the curb or as otherwise directed, with the handle away from and parallel to traffic. Printed instructions on the container shall be followed.
    E. Items too bulky for placement in an approved container may be offered for collection on a weekly basis and on a schedule as set by the department of public works. Tree and shrubbery limbs, as well as other wooden rubbish, will be collected, provided that they are cut into lengths not exceeding four (4) feet and securely tied in bundles not exceeding forty (40) pounds in weight. Nonbundled yard debris shall be contained in approved plastic bags as provided for in subsection (B) of this section.
    F. All receptacles and lids shall be maintained in a clean and sanitary condition. They shall not be set out for collection containing free liquids or rainwater. They shall be kept free of dead animals, vermin, lice, maggots or the like and unreasonably offensive odors resulting from the lack of cleanliness, animal feces or items which may be infectious or disease-bearing. Receptacles which have become excessively worn or corroded shall be promptly replaced.
    G. Receptacles/containers shall be placed at the curb or roadside or alley by 6:00 a.m. on the scheduled day of collection but shall not be so placed prior to five p.m. on the day before collection, and empty receptacles/containers shall be removed to the premises from the curb, roadside or alley by eleven p.m. of the day of collection. Receptacles/containers shall not be kept at the curb or roadside between scheduled collections, and they shall be stored on the premises at such locations to be unseen from the public streets or roads or from the front yards of immediate neighboring property.
    H. The number of garbage receptacles collected from any dwelling unit shall not generally exceed six twenty-gallon containers per pickup. During leaf season, more leaf containers may be placed for collection.
    I. Where collection service is provided in high-density dwelling areas, the individual residents or the management, community or condominium organization shall be responsible for the transporting of refuse to the containers provided and for the maintenance and cleanliness of the areas adjacent to the containers. The developer, property owner or legally responsible management organization shall further be responsible for provision of accessible space for bulk containers, paved and screened from public view. Such provisions shall be approved by the city. Material acceptable for containerized collection service shall, in all respects, be compatible with the definitions for refuse as defined in this chapter.
    J. It is unlawful and a violation of this chapter for any person, firm or corporation to place residential or nonresidential waste, including but not limited to garbage, refuse and rubbish, on the property of another without the consent of the owner of the property. (Prior code § 81-6)

Section 8.16.070 Special sanitary provisions.
The removal of apparel, bedding, furniture or other refuse from any premises where infectious or contagious disease prevails or has prevailed shall be specially arranged and performed under the direction of the responsible local health authority. Such removals shall be arranged for and be the responsibility of the attending physician and/or local health authority. (Prior code § 81-7)

Section 8.16.080 Violations--Penalties.
    A. Any property owner, tenant or other person violating any of the provisions of this chapter, shall be guilty of a municipal infraction punishable by a fine of twenty-five dollars ($25.00).
    B. With respect to violations of Section 8.16.060(G), the following procedure will apply:
    1. For an initial violation, a dated adhesive notice will be posted on the receptacle and written notice shall be sent to the property owner and/or property owner's agent.
    2. For a second violation, written notice will be sent to the property owner and/or property owner's agent and a copy of said notice will be posted in a conspicuous place on the property/dwelling unit.
    3. For a third violation, a twenty-five dollar ($25.00) citation for a municipal infraction shall be issued to the occupant(s) of the property/dwelling unit and a written notice will be mailed to the property owner and/or property owner's agent. In buildings containing more than one dwelling unit, a twenty-five dollar ($25.00) citation for a municipal infraction will be issued to the property owner as a common area trash violation unless each dwelling unit has a separate trash receptacle/container and each trash receptacle/container is marked to identify an assigned dwelling unit.
    4. For a fourth and any subsequent violation, the city of Salisbury is authorized to remove the trash receptacle/container from the property. A service charge of twenty-five dollars ($25.00) shall be paid in advance for return of the trash receptacle/container. Written notice will be sent to the property owner and/or property owner's agent.
    5. With respect to any property, if six months have elapsed since the last date of an enforcement procedure, then the enforcement procedure shall begin with subsection (B)(1) of this section.
    6. When requested by city enforcement personnel, property owners shall provide names of occupant(s).
    7. Occupant(s) will be jointly and severally liable for payment of a citation for municipal infraction.
    C. Citations under this chapter shall be deemed municipal infractions under Chapter 1.16, and fines levied hereunder shall be payable to the city of Salisbury and mailed to the department of finance within ten days of receipt of the citation. (Ord. 1707, 1999)

Section 8.16.090 Monthly disposal fee.
    A. Each residential unit (including churches and bona fide charities) which receives city garbage collection services shall be charged a disposal fee of three dollars ($3.00) per month effective July 1, 1992. Thereafter, the amount shall be established annually in the city budget. The disposal fee will be billed quarterly and made a part of the city water and sewer bill. A five-percent penalty will be added after forty-five (45) days if the fee is unpaid. A "residential unit" shall consist of:
    1. Any single-family detached dwelling;
    2. Each multiple-room dwelling unit contained within a multiple-family dwelling.
    B. Further, each rooming or boarding house, regardless of the number of individual rooms contained therein and subject to the provision that no room shall contain an independent cooking area, shall be counted as two residential units. In the case of rooms and units, defined in subsection (A)(2) of this section, beingcontained within the confines of a single structure, each multiple-room unit would count as one residential unit, and the balance of the single rooms would count as a residential unit. (Prior code § 81-9)

Section 8.16.100 Recycling in the multi-family sector.
    A. The city council finds that undertaking a long term commitment to remove and recycle certain materials from the solid waste stream is a necessary part of the city's integrated solid waste management system of recycling, resource recovery and land filling. The city council also finds that the objectives of the comprehensive solid waste management plan adopted under state law will be promoted by establishing a recycling program.
    B. The term "multi-family sector" includes all residential dwelling units intended for multiple-family use, including, but not limited to, apartments, condominiums and other ownership arrangements physically located in buildings joined together or situated in groups or clusters.
    C. The term "managing authority" shall include a landlord, property manager, condominium association board of directors, or any other person in charge of property located in the multi-family sector.
    D. The term "recycling coordinator" shall be the title of such individual from time to time designated by the director of public works of the city of Salisbury to organize, coordinate and publicize the collection of recyclable materials.
    E. The term "recyclable materials" shall consist of such paper, metal, glass and plastic products as shall be designated suitable for recycling by the recycling coordinator.
    F. The managing authority of any residential dwelling unit located in the multi-family sector shall allow its residents to participate in the city's recycling program. The managing authority shall provide to each unit a container constituting no less than three cubic feet in volume. Alternatively, the managing authority shall provide at a centralized location such number of similar containers as directed by the recycling coordinator.
    G. The city shall collect the recyclable materials in the multi-family sector where it is also making regular garbage collections. In the event that a private contractor serves a specific location, it will be the obligation of the location's managing authority to provide recycling services to include the containers and to pick up the recyclable materials. Each such managing authority shall keep records of the recyclable materials collected and provide same to the recycling coordinator on a monthly basis.
    H. A managing authority or a private hauling contractor who shall violate subsections (F) or (G) of this section shall be guilty of a municipal infraction and shall receive a written notice for any single initial violation. Compliance must be within seven days of written notice and failure to comply will result in a fine one hundred dollars ($100.00) for the first day and thereafter fifty dollars ($50.00) per day for a continuing violation. (Ord. 1874, 2003)

Section 8.20.010 Certain noises prohibited.
    The following acts, among others, are declared to be loud, disturbing and unnecessary noises, but such enumeration shall not be deemed to be exclusive:
    A. Horns, Signaling Devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
    B. Radios, Phonographs, etc. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto; the operation of any such set, instrument, phonograph, machine or device between the hours of eleven p.m. and seven a.m. in such a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation.
    C. Loudspeakers or Amplifiers for Advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure, except as provided in Sections 8.20.020 through 8.20.110.
    D. Yelling, Shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of eleven p.m. and seven a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence or of any persons in the vicinity.
    E. Animals or Birds. The keeping of any animal or bird which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any persons in the vicinity.
    F. Steam Whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper city authorities.
    G. Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
    H. Vehicles Out of Repair or Improperly Loaded. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
    I. Loading or Unloading Operations; Opening of Boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
    J. Construction or Repairing of Buildings. The erection (including excavation), demolition, alteration or repair of any building other than between the hours of seven a.m. and six p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the building inspector should determine that the public health and safety will not be impaired by the erection, excavation, demolition, alteration or repair of any building within the hours of six p.m. and seven a.m., and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of six p.m. and seven a.m., upon application being made at the time that the permit for the work is awarded or during the progress of the work.
    K. Schools, Courts, Churches or Hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use or adjacent to any hospital which unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
    L. Hawkers and Peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
    M. Drums, etc. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.
    N. Transportation of Metal Rails, Pillars and Columns. The transportation of rails, pillars or columns of iron, steel or other material over and along streets and other public places upon carts, drays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.
    O. Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled, and such engine is equipped with a muffler device sufficient to deaden such noise. (Prior code § 102-1)

The following acts, among others, are hereby declared to be unreasonably loud noises, in violation of this chapter:

A. Horns, Signaling Devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or other public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.

1. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto; the operation of any such set, instrument, phonograph, machine or device between the hours of eleven p.m. and seven a.m. in such a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation.

2. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound on any street or other public ways in such a manner as is unreasonably loud so as to disturb the peace, quiet and comfort of other persons or at a louder volume than is necessary for convenient hearing of the individual carrying the instrument, machine or device, or those individuals immediately adjacent thereto and who are voluntary listeners thereto.

C. Loudspeakers or Amplifiers for Advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure, except as provided in Sections 8.20.030 through 8.20.120 of this chapter.

1. Yelling, shouting, hooting, whistling or singing on the public streets or public areas, or from private property in such a manner as to be plainly audible at a distance of fifty (50) feet from the public street, public area, or private property from which the noise emanates, between the hours of eleven p.m. and seven a.m.

2. Yelling, shouting, hooting, whistling or singing on the public streets or public areas or from private property, between the hours of eleven p.m. and seven a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence or of any persons in the vicinity, after having been warned to quiet or cease such noisemaking.

E. Animals or Birds. The keeping of any animal or bird which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any persons in the vicinity.

F. Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

G. Vehicles Out of Repair or Improperly Loaded. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.

H. Loading or Unloading Operations; Opening of Boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.

I. Construction or Repairing of Buildings. The erection (including excavation), demolition, alteration or repair of any building other than between the hours of seven a.m. and six p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the building inspector should determine that the public health and safety will not be impaired by the erection, excavation, demolition, alteration or repair of any building within the hours of six p.m. and seven a.m., and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of six p.m. and seven a.m., upon application being made at the time that the permit for work is awarded or during the progress of the work.

J. Schools, Courts, Churches or Hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use or adjacent to any hospital which unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.

K. Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids between the hours of eleven p.m. and seven a.m., unless the noise from such blower or fan is muffled, and such engine is equipped with a muffler device sufficient to deaden such noise. (Ord. 1913 (part), 2004) (Prior code § 102-2)

Section 8.20.030 Registration statement required for noncommercial use.
No person shall use or cause to be used a sound truck with its sound-amplifying equipment in operation for noncommercial purposes in the city without filing a registration statement in writing with the city clerk. (Prior code § 102-3)

Section 8.20.040 Form and contents of registration statement.
    A. A registration statement, as referred to in Section 102-3, shall be filed in duplicate and shall state the following:
    1. The name and home address of the applicant;
    2. The address of place of business of the applicant;
    3. The license number and motor number of the sound truck to be used by the applicant;
    4. The name and address of the person who owns the sound truck;
    5. The name and address of the person having direct charge of the sound truck;
    6. The names and addresses of all persons who will use or operate the sound truck;
    7. The purpose for which the sound truck will be used;
    8. A general statement as to the section of the city in which the sound truck will be used;
    9. The proposed hours of operation of the sound truck;
    10. The number of days of proposed operation of the sound truck;
    11. A general description of the sound-amplifying equipment which is to be used;
    12. The maximum sound-producing power of the sound-amplifying equipment to be used in or on the sound truck.
    B. The registration statement shall include the following:
    1. The wattage to be used;
    2. The volume in decibels of the sound which will be produced;
    3. The approximate maximum distance for which sound will be thrown from the sound truck. (Prior code § 102-4)

Section 8.20.050 Time limit for amending registration statement after filing.
All persons using, or causing to be used, sound trucks for noncommercial purposes shall amend any registration statement filed pursuant to Section 8.20.030 within forty-eight (48) hours after any change in the information therein furnished. (Prior code § 102-5)

Section 8.20.060 Regulations for noncommercial use.
    Noncommercial use of sound trucks in the city with sound-amplifying equipment in operation shall be subject to the following regulations:
    A. The only sounds permitted are music or human speech.
    B. Operations are permitted for four hours each day, except on Sundays and legal holidays when no operations shall be authorized. The permitted four hours of operation shall be between the hours of 11:30 a.m. and 1:30 p.m. and between the hours of 4:30 p.m. and 6:30 p.m.
    C. Sound-amplifying equipment shall not be operated unless the sound truck upon which such equipment is mounted is operated at a speed of at least ten miles per hour except when such truck is stopped or impeded by traffic. Where stopped by traffic, the sound-amplifying equipment shall not be operated for longer than one minute at each such stop.
    D. Sound shall not be issued within one hundred (100) yards of hospitals, schools, churches or courthouses.
    E. The human speech and music amplified shall not be profane, lewd, indecent or slanderous.
    F. The volume of sound shall be controlled so that it will not be audible for a distance in excess of one hundred (100) feet from the sound truck and so that such volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility.
    G. No sound-amplifying equipment shall be operated with an excess of fifteen (15) watts of power in the last stage of amplification. (Prior code § 102-6)

Section 8.20.070 License required for commercial use.
No person shall operate, or cause to be operated, any sound truck in the city for commercial advertising purposes with sound-amplifying equipment in operation unless a license therefor has been obtained from the city clerk. The fee for such license shall be one dollar ($1.00). (Prior code § 102-7)

Section 8.20.080 Application for license--Contents.
A person applying for a license, as required under Section 8.20.070, shall file with the city clerk an application in writing giving in such application the information required in the registration statement under Section 8.20.040. (Prior code § 102-8)

Section 8.20.090 Possession and display of license.
A licensee under this chapter shall keep his license in his possession in the sound truck during the time the sound truck's sound-amplifying equipment is in operation. Such license shall be promptly displayed and shown to any policeman of the city upon request. (Prior code § 102-9)

Section 8.20.100 Issuance of license.
The city clerk shall issue a license, as required under Section 8.20.070, upon payment of the required license fee unless the application required in Section 8.20.80 indicates that the applicant would be in violation of the regulations prescribed in Section 8.20.110 or some other provision of this chapter or other ordinance of the city. (Prior code § 102-10)

Section 8.24.010 Notice to abate nuisance.
Whenever any watercourse, well, spring, open ditch, gutter, cesspool, drain, privy pit or water closet or any house, building, trade establishment or manufacturing place or any accumulation or deposit of offensive or noxious matters or any water in which mosquitoes breed shall constitute a nuisance, injuriously affecting any adjacent property or district and dangerous to the health of any person within the city, the health officer shall give notice to the occupant of the premises on which the nuisance arises or exists requiring him to abate such nuisance within a time to be specified in the notice and to execute such works and do such things as may be necessary for that purpose. Should the occupant of any such premises be a person other than the owner, such notice shall be given to both the occupant and the owner. The notice required by this section shall be signed by the health officer or any assistant health officer and may be served by mailing it to the occupant and owner, either or both, as the case may be, of the premises whereon such nuisance may exist, or such notice may be served personally upon such owner or occupant by the health officer, the plumbing inspector or by any member of the police department. (Prior code § 104-1)

Section 8.24.020 Investigation of complaints.
The health officer, upon receipt of a complaint in writing, signed by the complainant, advising the health officer of the existence of any nuisance described in Section 8.24.010, shall promptly investigate such complaint and take such suitable action under this chapter as he may deem necessary. (Prior code § 104-2)

Section 8.24.030 Noncompliance with notice.
Any person on whom a notice has been served in accordance with Section 8.24.010 who refuses or neglects to comply with any of the requirements thereof within the time specified in such notice shall be guilty of a misdemeanor. Every day that such nuisance shall be permitted to exist after the expiration of the time limited in such notice shall be deemed a separate and additional offense. (Prior code § 104-3)

Section 8.28.010 Abandoned refrigerators prohibited--Violations and penalties.
    A. Within the city, it is unlawful for any person to keep in his possession, under his control or on any premises owned or occupied by him any unused or abandoned icebox or similar appliance or enclosure which is substantially airtight when closed and which has an opening large enough to admit the body of any living person or child, unless one of the following conditions is met:
    1. The door, lid or other closing device thereof is removed therefrom and rendered incapable of being closed;
    2. Effective means are provided so that the door, lid or other closing device thereof can be easily opened from the inside by a child;
    3. Such icebox is kept locked or in securely locked quarters or in quarters where an adult attendant or salesman is present at all times so that children and other persons do not have unsupervised access thereto.
    B. Any person violating the provisions of this chapter after receiving the notice provided for in Section 8.28.020 shall be deemed guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than thirty (30) days in jail or fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00), or both. It shall be no defense to prosecution under this chapter that the icebox or other similar appliance or enclosure was dumped or abandoned by a person unknown on premises owned by or controlled by the person prosecuted and without his consent. (Prior code § 125-1)

Section 8.28.020 Enforcement.
From and after the effective date of this chapter, the director of the bureau of inspections shall issue notice directing compliance with Section 8.28.010 within twelve (12) hours after discovery by him of the existence or maintenance of each icebox or other similar appliance or enclosure as referred to in Section 8.28.010. If any such notice shall not be complied within twenty-four (24) hours, it shall be the duty of the chief of police to enter the premises and render harmless the icebox or other similar appliance or enclosure by any one of the three means specified in Section 8.28.010. The selection of such means shall be in the sole discretion of the chief of police, and the execution thereof shall be at the expense of the person failing to comply with such notice. (Prior code § 125-2)

Section 8.32.010 Definitions.
    In this chapter, the following words shall have the meanings indicated:
    "City" means the city of Salisbury, Maryland.
    "Common use space" means the lobby, lounge, maintenance, telephone and storage areas of the government office building.
    "County/city combined use space" means the planning and zoning office, council chambers, conference rooms and central reproduction.
    "Government office building" means that building known as the "government office building," located at East Church Street and North Division Street in the city.
    "Leased building" means any building leased exclusively to the city and those portions of any building that are exclusively leased to the city.
    "Smoking" or "to smoke" means the act of smoking or carrying a lighted or smoldering cigar, cigarette or pipe of any kind or lighting a cigar, cigarette or pipe of any kind. (Prior code § 133-1)

Section 8.32.020 Smoking prohibited in certain areas.
    Except as provided in Section 8.32.030, it is unlawful for any person to smoke in any of the following areas:
    A. In any city-owned building;
    B. In any city-leased building;
    C. In the council chamber of the government office building, when the city council is in session;
    D. In any conference room of the government office building, when meetings are called by city government bodies or agencies, during the time such meetings are being held. (Prior code § 133-2)

Section 8.32.030 Exceptions.
    The prohibitions contained in Section 8.32.020 shall not apply in the following:
    A. Designated smoking areas;
    B. In any city-owned building which is leased to another party. (Prior code § 133-3)

Section 8.32.040 Designation of smoking areas.
The mayor may designate a separate room or area in which smoking is permitted in a city-owned building, city-leased building or the government office building provided that any area so designated must meet the requirements for the designation of smoking areas set forth in the Code of Maryland Administrative Regulations (COMAR). No common use space or county/city combined use space in the government office building may be designated as a smoking area without approval of the county. (Ord. 1785, 2001)

Section 8.32.050 Violations--Penalties.
A person who violates a provision of this chapter is guilty of a misdemeanor and, on conviction thereof, is subject to a fine not exceeding one hundred dollars ($100.00) and costs for each violation. (Prior code § 133-5)

Section 8.32.070 Regulations for posting no-smoking signs.
The department of building, housing and zoning shall establish rules and regulations relating to the posting of no-smoking signs to be applicable to the city-owned and leased buildings. (Prior code § 133-7)