Town Code & Ordinances Ordinance — Ordinance-24-05

ORDINAIICE NO 24.05

rntroduced by: Alton Hardee, Jr., commission President

AII ORDINAI\ICE OF TIIE TOWI\ OF QUEENSTOWI\ TO REPEALAND

REPLACE CITAPTER 7 OF TrrE QUEENSTOWhI CODE TO ESTABLISH

TIIE PROHIBITION OF ODOR NUISAI\ICES

WHEREAS, the Commissioners of Queenstown are authoized by the Maqvland Code Ann. Local Government Article $ 5-202 to adopt such ordinances not contrary to thr Co*titoti* of Maryland, public general law, or public local law as it deems necessary to assure the good govemment of the municipality, to preserve the peace and order, to secure persons and property ft9- damage and destruction, and to protect the health, comfort and convenience of the citizens

of the municipality; and WHEREAS, the Charter of the Town of Queenstown authorizes the Commissioners of Queenstown to prevent and remove all nuisances in the Town; and WHEREAS, the Commissioners of Queenstown have determined that offensive odors may harm the public welfare, property values, and quality of life, necessitating a prohibition on said odors; and WHEREAS, the Commissioners of Queenstown have determined that it is desirable and

in the public interest to repeal and replace Chapter 7 ofthe Town Code to address the prohibition of odor nuisances within the Town of eueenstown.

NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE TOWN

COMMISSIONERS OF QUEENSTOWN AS FOLLOWS:

f S o 4 l C lo T w IO s N : 1. The Queenstown Town Code, Chapter 7, is hereby reIpealed and re-enacted as

CHAPTER 7. Odor

Section 7.7 Purpose

It is the policy of the Tbwn of Queenstown to prohibit odor nuisances as necessary to:

(1) Protect the health, safety, comfort, and well-being of the Tbwn,s residents and

businessl

(2) Prevent injury to plant and animnl tife and to property; and

(3) Protect the recreational resources of the Tbwn.

7.2 Section Definitions.

ll/hen used in Chapter 7, the following words and phrases have the fottowing meanings:

AIR POLLaTION - The presence in the atmosphere of any substances or combinations of substances whose character, quantities or duration make those substances likely to pose a health hazard to humans, plants, or animals, or unreasonably interfere with the use and enjoyment of propertlt The substances may be emitted as odors, solids, vapors' liquids, or gases from any single source or in combination with other sources.

EMISSION - Any substance, other than water in an uncombined form, discharged into the atmosphere, including odors, particulate matter, vapors, gases' or any combination of these substances.

ODOR NaISANCE - An emission that stimulates a person's sense of smell and is injurious to health, or indecent or offinsive to the senses, or is an obstruction to the free use of property, so as to interfere with the comfortable enioyment of ltfe or property.

?ARTIC(IL/ITE MATTER - Material other than water in uncombinedform which is or has been airborne and exists as a liquid or solid at standard conditions of temperature 25 degrees Celsius (77 degrees Fahrenheit) and pressure of 29.92 inches (760mm) mercury.

pERSON An individual, group of individuals, partnership, firm, voluntary association, - public or private corporation, or an agency, or department of the Tbwn or of any federal, -state, or municipal government to the ertent of federal, state, or municipal law.

Section 7.3

Odor nuisances prohibited.

A. It shay be unlawfulfor any person to cause or allow the emission into the atmosphete of any gas, vapor, or particulate matter beyond the person's property line or unit if a resulting odor creates air pollution or an odor nuisance.

B. The Zoning Inspector or law enforcement offtcer may issue a citation for violating subsection-(A) tf the Zoning Inspector or law enforcement otftcer:

I{itnesses the violation; ot Receives at least two (2) independ,ent complaints from individuals who have personal knowledge of the air pollution odor, provided:

L The total number of complaints includes at least two (2) different households or Places of businessl ii All of the independent complaints were made within a ninety (90) day period; and iil At least two (2) of the independent complaints were confirmed through an inspection by the Zoning Inspector or other designated representative or agent of the Tbwn, and the odor is determined by the Tbwn to be

objectionable, taking into account its nature, concentrationr location, and duration.

C. It is within the discrefion of the Zoning fnspector to determine whether there is,an objective violation of subsection (A).

7.4 Section Exemptions.

Nothing in this Chapter shall be construed to preempt any federal, State, or local law governing public or private nuisance actionsl 7.5 Wolations and penalties.

A violation of this Chapter 7 shall constitute a municipal infraction pursuant to Section 7.70 of the Tbwn Code and shall be punishable by a civilfind in the amoant of 5100.00 for the ftrst offense, and $200.00 for a second and subsequent offenses. Each day that a violation occurs shall be considered a separate offense. It shall be the duty of the owner, or onner's agent, or the occupant or occupant's agent, of any lot, building, premises or

place of any kind within the Tbwn where a nuisance may exist to remove, abate, or destroy the nuisance without delay,

Section 2. This

Ordinance shall take effect on the 2 Mv ot 5a^{o(y , 2025.

ORDAINED, APPROVED, AND PASSED by the Town Commissioners for the Town of this .22 of ary Queenstown on day TanU , 2025.

TOWN COMMISSIONERS FOR THE

TOWN OF QUEENSTOWN:

Aaron Horney, Town Cl Aaron Horney, Town Clerk Thomas B. Willis, Jt., New language reflected in italicized and bold text Deleted text reflected as{tri€k€n