§ 18.205. Roads, bridges, and rights-of-way—Obstructions, damage, and drainage.
(a)
Definitions:
(1)
In this section, section 18.206 and section 18.206A, the following terms have the meanings indicated:
(2)
Department means the Howard County Department of Public Works.
(3)
Director means the Director of the Department.
(4)
Public property means a County-owned or controlled road, road right-of-way, shoulder, sidewalk, ditch line, bridge, culvert, curbing, drainage facility, utility easement, or any appurtenances or signs associated with any of the above.
(5)
(i)
Structure means anything constructed, the use of which requires permanent or temporary location on the ground or attached to something having a temporary or permanent location on the ground.
(ii)
Structure does not include:
a.
A newspaper box, or a mailbox meeting the standards of the United States Postal Service, provided that each is mounted on a post in conformance with "A Guide for Erecting Mailboxes on Highways" by the American Association of State Highway and Transportation Officials, Third Edition, dated 1994;
b.
A utility pole or utility box which are not a part of a wireless facility as defined in section 18.206A of this Subtitle; or
c.
A sign permitted in a right-of-way under subtitle 5 "Signs" of title 3 "Buildings" of the Howard County Code.
(b)
Prohibitions Against Obstructions, Damage, and Drainage of Water. A person may not:
(1)
Obstruct, damage, or destroy public property; or
(2)
Except as provided under an approved plan under title 16, subtitle 1 of the County Code, discharge water or wastewater onto a public road.
(c)
Structures on Public Property. A person may not install temporary or permanent structures in, on, over, through, or across public property:
(1)
Without the permission of the Director; or
(2)
Unless the person has authority to install the structure without permission under State law, or under a franchise or license issued by the County.
(d)
Remedies:
(1)
A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, is subject to a fine of not more than $1,000.00, imprisonment for not more than six months, or both.
(2)
The Department may also enforce the provisions of this subtitle with civil penalties, under title 24 "Civil Penalties" of the Howard County Code. A first violation is a Class B offense. A subsequent violation is a Class A offense. Each day that a violation continues shall be considered a separate violation.
(3)
(i)
At the request of the Director the person who installed a structure on public property, or who caused water or wastewater to be discharged onto a public road shall remove the structure or stop the discharge. The Director may require removal of a structure even if the Director previously gave permission for the structure.
(ii)
If, after a notice from the Director under subparagraph (i) of this paragraph, a person fails to remove a structure or to stop the discharge of water or wastewater within the time stated in the notice, the Director may order the removal of the structure or cause the discharge of water or wastewater to be stopped at the expense of the person notified.
(iii)
The Director shall keep an accurate account of the cost of the removing a structure from public property or the cost of stopping the discharge of water or wastewater onto a road, and shall submit this account to the Director of Finance. The Director of Finance shall bill the person notified under subparagraph (i) or (ii) of this paragraph. The person so notified shall pay the bill for work performed by the Department within 30 days of billing.
(4)
The recovery of costs and the imposition of civil and criminal penalties shall be in addition to any other remedies the County may have in law or equity.
(C.B. 66, 1997; C.B. 26, 2017, § 1)
Editor's note
Section 1 of C.B. 66, 1997, repealed §§ 18.205—18.208 in their entirety. Formerly, §§ 18.205—18.208 pertained to encroachments and damages; securing permits and providing bonds; repair of damages and derived from Ch. 142 of the 1870 Code, P.L.L. 1888, Art. 14, § 113; § 252 of the 1930 Code; Ch. 740 of the 1966 Code and C.B. 32, 1985. Section 2 of C.B. 66, 1997, added §§ 18.205 and 18.206 as herein set out.