Baltimore City Codes – Costello for Baltimore

Constituents frequently ask for information about Baltimore City codes that affect them. This web page is a compilation of requests we receive most often.

If you would like to request a city service, or are having problems with any of the issues described here, submit your request to Baltimore City’s One-Call Center by calling: 3-1-1, or on line at: http://www.baltimorecity.gov/311-services

ADVERTISING CIRCULARS

Originally passed in 2006, Baltimore City has a prohibition against placing unsolicited advertisements on private property, including homes and vehicles. Anything considered an advertisement is banned. The law follows:

An advertising circular is any printed or written circular, notice, or other item the predominate purpose of which is (1) to advertise one or more products, services, or other items for sale, lease, or trade; (2) to direct attention to one or more businesses, commodities, services, events, or other activities for which a fee is charged or solicited; or (3) to otherwise promote an activity of a business or commercial nature.

Any individual, partnership, firm, association, corporation, or other entity of any kind, except a governmental entity or an instrumentality or unit of a governmental entity, may not affix, place, or cause to be affixed or placed any advertising circular: (1) in or on any vehicle in the City, except with the express permission of the owner or operator of the vehicle; or (2) in or on any residential property in the City (whether in on a fence, railing, door, porch, lawn, sidewalk, or otherwise).

Exceptions: (i) with the express permission of the owner or occupant of that property; or (ii) by placing the advertising circular into a door slot or a non-lockable bin consistent with federal law. In a civil proceeding, an advertising circular found on an unattended property or vehicle is presumed to have been placed there without permission unless the person responsible for its placement can affirmatively establish otherwise.

Enforcement by citation: 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”}. The issuance of a citation does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.

Penalties: (a) Any person who violates a provision of 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 advertising circular affixed or placed in violation of this subtitle constitutes a separate offense. (c) The person whose name, event, business, location, or merchandise is advertised on a circular affixed or placed in violation of this subtitle is presumed responsible for the violation and subject to the penalties imposed under this subtitle.

Reference: (City Code, 1976/83, art. 19, §1A(b).) (Ord. 87-890; Ord. 06-205; Ord. 07-507; Ord. 11-523.)

ANIMAL RESTRAINTS

All animals must be restrained. Specifics of the law follow:

(1) Except as otherwise authorized under paragraph (2) of this subsection, all animals must be i) confined in a building or secure enclosure; (ii) secured by a leash or otherwise; or (iii) restrained according to rules and regulations adopted by the Commissioner.

(2) This subsection does not apply while the animal is: (i) participating in an off-leash activity approved by the Commissioner; or (ii) is in an area and during the hours approved by the Director of Recreation and Parks for off-leash recreation.

(3) Every female animal in heat must be confined in a building or secure enclosure so that it cannot come into contact with a male animal, except if the owner has an animal fancier permit.

Penalty: The fine for the first violation is $200; for the second violation within 12-months: $400; for the third within 12 months: $600.

References: (City Code, 1976/83, art. 11, §41(g), art. 19, §§32(q), 145(i)(part).) (Ord. 99-548; Ord. 03-595;Ord. 11-573.)

COMMERCIAL VEHICLES and TRAILERS

City regulations govern where and when commercial vehicles may park, stand, or stop on city streets. Commercial vehicles are defined as (1) all vehicles designed, maintained, and used primarily for the transportation or hauling of property, including, but not limited to equipment, merchandise, parcels, earth, trash, refuse, scrap, or motor vehicles; (2) all vehicles, except passenger cars, that have commercial advertising on the exterior of the body or on equipment attached to it; (3) all vehicles with a maximum gross vehicle weight of 7,000 pounds or more, or a manufacturer’s rated capacity of ¾ ton or more; or (4) all vehicles designed to carry more than 15 passengers and used to carry people.

Stopping by residence: Except as otherwise specified, no vehicle with a maximum gross vehicle weight of more than 20,000 pounds and no commercial vehicle may park, stand, or stop longer than 1 hour continuously on any street, lane, or alley in front of, or adjacent to, any property used or intended to be used as a residence. This does not apply to a commercial vehicle (1) that is parked for the purpose of doing any public or private work for, or on behalf of, any person located within a radius of 1 block from the property used or intended to be used as a residence, (2) that is parked on a private parking pad.

Nighttime hours: Except as otherwise specified, no vehicle with a maximum gross vehicle weight of more than 20,000 pounds, and no commercial vehicle, may park, stand, or stop longer than 1 hour continuously between the hours of 1 a.m. and 7 a.m. on any street, lane, or alley of the City.

Exceptions: (1) Vehicles of the Police or the Fire Department, (2) Emergency vehicles belonging to the City, any public utility; or any volunteer ambulance service, or (3) Commercial vehicle parking on a private parking pad.

Commercial Trailers:
The conduct of commercial trailers is controlled by law in Baltimore City. A commercial trailer is defined as a vehicle that has no motive power, is designed to be towed by a motor vehicle, and is designed for the transportation of property.

Prohibited conduct: Except as otherwise specified, a person may not park, stand, or stop a detached commercial trailer on any public street or highway in the City, except when the vehicle is being expeditiously loaded or unloaded.

Exceptions: authorized emergency vehicles, vehicles owned or operated by the City, or vehicles owned or operated by a public service company, (as defined in State Public Utility Companies Article, SS 1-101 of the Maryland Code), while engaged in construction or repair services associated with supplying necessary service to its customers.

Fines: Violation of this code is punishable by a fine of $500.

CONSTRUCTION NOISE

Permitted Hours of Construction & Construction Noise Prohibited hours:

No site work, demolition work, pile driving work, or construction work is permitted between 7:00 p.m. and 7:00 a.m., if that work or any part of a premises in or on which the work is to be done is within 300 feet (91.44 m) of any dwelling.

This code does not apply to an emergency operation that has been specifically approved by the Building Official.

Reference: Building, Fire, & Related Codes, Chapter 33, Section 3301:

SANITATION

The Baltimore City Code, Article 23, governs refuse handling and collection as well as related services provided by the Department of Public Works.

Public Works defines 3 categories of refuse: (1) mixed refuse, (2) recyclable materials, and (3) yard waste:

(1) Mixed Refuse includes: (i) kitchen discards, residue, and other food wastes; (ii) rubbish; (iii) yard sweepings and yard waste; (iv) plastic and glass products; (v) ferrous and non-ferrous metals; (vi) paper products; (vii) textiles; (viii) rubber products; and (ix) inorganic materials, such as soaps, detergents, and other household cleaners in solid form.

Exclusions: Mixed refuse does not include: (i) hazardous waste; (ii) liquid wastes; (iii) industrial and manufacturing wastes; (iv) construction materials; (v) concrete; (vi) lumber; (vii) large rocks; (viii) automotive fluids; (ix) herbicides, pesticides, and fungicides; (x) solvents; and (xi) electronics.

(2) Recyclable materials are designated by the Director of Public Works for separate collection for processing and return to the market place in the form of raw materials or products. They include non-food contaminated paper and cardboard; emptied food containers made of aluminum, steel, or tin; bottles and jars made of clear-, brown-, or green-colored glass; and appropriate grades of plastic bottles and jars.

(3) Yard waste includes compostable vegetative matter that is the byproduct of lawn care and gardening activities, such as grass clippings, plants and weeds, leaves, shrub trimmings; tree trimmings. Exclusions: Yard waste does not include: soil; tree trunks; or tree branches that are more than 4 inches in diameter or 3 feet in length.

The Director of Public Works is in charge of the collection and removal of mixed refuse and recyclable materials – once a week for the collection of each.

Refuse Handling and Collection

In all places where mixed refuse is accumulated, a sufficient number of receptacles to contain the mixed refuse between collections must be provided and maintained as specified in the City Property Maintenance Code

Occupants of any dwelling, including any multiple-family dwelling, and the proprietor of a boarding house, hotel, restaurant, and other place where mixed refuse is accumulated must place the mixed refuse into a receptacle provided for that purpose. Each of these persons must: (1) keep the receptacle covered continually, except when it is being filled or emptied; and (2) place the receptacle in a position that is easily accessible to the collector; or otherwise in the manner and at time designated by the Director of Public Works. All mixed refuse must be kept as dry as practicable.

Collections: The Director of Public Works must collect all mixed refuse, recyclable materials, and yard waste from all dwellings, including multiple-family dwellings, and from all boarding houses, hotels, restaurants, hospitals, and other places where mixed refuse is accumulated, subject to the quantity limitations specified below.

Quantity limitations: For each designated collection day, the amount to be collected from each place is: (1) for mixed refuse, limited to 96 gallons; and (2) for recyclable materials and yard waste, if bundled or contained separately from mixed refuse, unlimited.

Exceptions: (1) Single-family dwellings: The Director of Public Works shall adopt rules and regulations for granting exceptions from the quantity limitations for single-family dwellings whose occupants demonstrate an inability to meet those limitations. However, the total amount of mixed refuse to be allowed under an exception may not exceed 160 gallons. (2) Condominiums, etc.: (i) The limitations may be exceeded by the Director of Public Works for condominiums, cooperatives, and other multiple-family dwellings, and other than apartment structures originally built as apartment structures, if the Director is authorized to do so by the Board of Estimates, based on considerations of public health, safety, and welfare. (ii) Before requesting authorization to collect mixed refuse from a condominium or cooperative, the Director must: (a) receive a written request for those services; (b) receive documentation that a majority of the units in the condominium or cooperative are owner-occupied as a primary residence; (c) have a right-of-entry agreement with the condominium or cooperative; (d) approve a feasible means to collect mixed refuse from the condominium or cooperative; and (e) approve a feasible means to collect recyclable materials from the condominium or cooperative. (iii) To continue collecting mixed refuse and recyclable materials from a condominium or cooperative, the Director must receive biennial documentation that the majority of the units are owner-occupied as a primary residence.

Prohibited: It is unlawful to place, or cause to be placed, with mixed refuse, any ashes, plaster, or yard or garden soil. If a mixture of this sort is found in any receptacle, the occupant of the premises must separate the ashes, plaster, and yard or garden soil from the other contents.

Placement of receptacles: No person may have, keep, or maintain on any street, lane, alley, sidewalk, or other public place in the City, any box, bin, barrel, or other receptacle for the reception of mixed refuse, litter, or rubbish of any sort. To facilitate the removal of mixed refuse on a designated collection day, the occupant of any premises may, at the time and in the manner specified in this article and the City Property Maintenance Code: (1) place suitable receptacles containing the mixed refuse on a sidewalk or along an alley: (i) in the rear of the premises; or (ii) if the rear is not accessible to the collection vehicle, in front or on the side of the premises; and (2) allow the receptacles to remain until the mixed refuse has been collected.

NOTE: Receptacles cannot be placed out for collection on a sidewalk or along an alley earlier than the day of collection. Receptacles must be returned promptly to the premises after collections. If discarded or abandoned articles are too large for disposal in the required receptacles, they must be transported to a landfill or approved disposal site.

Penalties Any person who violates a provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 60 days or both fine and imprisonment for each offense. Each day that a violation continues is a separate offense.

Enforcement by citation: In addition to any other civil or criminal remedy or enforcement procedure, the provisions of this article may be enforced by issuance of an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}. The issuance of an environmental citation does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.

Criminal penalties: Any person who violates any provision of this article is guilty of a misdemeanor and, unless a different penalty is specified, is subject on conviction to a fine of not more than $100 for each offense.

(City Code, 1879, art. 23, §92, & art. 48, §189; 1893, art. 48, §187; 1927, art. 44, §§3, 8, 10, 16; 1950, art. 31, §§1, 3, 4, 5, 7, 8, 13; 1966, art. 23, §§1, 3, 4, 5, 7, 8, 13; 1976/83, art. 23, §§1, 3, 4, 5, 6, 7, 8, 12). (Ord. 1882-006; 1887-021; Ord. 02-475; Ord. 09-175; Ord. 10-478; Ord. 19-564; Ord. 48-402; Ord. 48-473; Ord. 49-955; Ord. 53-578; Ord. 66-872; Ord. 76-144; Ord. 83-1049; Ord. 88-176; Ord. 99-548).

http://www.baltimorehousing.org/code_responsibilities

SNOW REMOVAL

Baltimore City requires that snow be cleared away from sidewalks fronting any residential or commercial building, occupied or vacant, or any empty lot. Specifics of the law follow:

(a) Every person must keep the gutters leading to, and the pavements or sidewalks situated in the front, rear, or sides of the premises, free from ice and every obstruction of any kind. After any snowfall that results in an accumulation of snow on the ground: (1) every person using or occupying in any manner, or for any purpose, any house, store, shop, stable, or tenement of any kind; (2) every person having charge of any church or public building of any kind; and (3) the owner of any unoccupied house or unimproved lot situated on any paved street, lane, or alley in the City, must remove and clear away the snow or cause it to be removed and cleared away from the foot pavement fronting the house, store, shop, stable, church, building, or lot.

(b) Time and manner: The snow must be removed and cleared away: (a) within 3 hours after the snow has stopped falling; or (b) if the snow stopped falling between 3 p.m. and 6 a.m., before 11 a.m.

Reference: (City Code, 1879, art. 47, §125(2nd sen.); 1893, art. 48, §147(2nd sen.); 1927, art. 32, §65(2nd sen.); 1950, art. 24, §144(2nd sen.); 1966, art. 19, §151(2nd sen.); 1976/83, art. 19, §177(b).) (Rev. Ords. 1858-033; Ord. 66-871; Ord. 88-047; Ord. 99-548.)