TOWN OF
LAYTONSVILLE, MARYLAND
AN ORDINANCE TO EXEMPT THE TOWN
OF LAYTONSVILLE
FROM ALL COUNTY LEGISLATION
COVERED BY THE GRANTS
OF AUTHORITY TO THE TOWN
AND PROVIDING FOR
EXCEPTIONS THERETO BY REFERENCE TO
SPECIFIC COUNTY
LEGISLATION SO THAT THE
COUNTY LEGISLATION SO
SPECIFICALLY REFERENCED
SHALL APPLY AND BE IN
FORCE AND
EFFECT WITHIN THE TOWN
WHEREAS, The Court of Appeals of
Maryland, in Town of Forest Heights v. Tillie
Frank, 291 Md. 331 (1981), held a municipal ordinance invalid because it
was in conflict with a county law; and
WHEREAS, The Maryland General
Assembly thereafter enacted sec. 2B of Art. 23A, Anno. Code of
Md., to modify and clarify the conflicts between county legislation and
municipal ordinances; and
WHEREAS, The County Council for
Montgomery County, Maryland, recently enacted Ch. 23. Laws of Montgomery County
1984, to provide for the applicability of county laws to municipal corporations
and to provide for the circumstances under which county legislation may be
enforced and administered within municipal corporations; and
WHEREAS, sec. 2-96 of the Mont.
Co. Code 1972, as amended by said Ch. 23, Laws of Mont. Co. 1984, provides
inter alia that a municipal corporation under certain circumstances may
generally exempt itself from all county legislation and then provide for
exceptions thereto by reference to specific county legislation; and
WHEREAS, The Town of Laytonsville
desires to utilize this approach, viz. to have a general exemption with
specific exceptions thereto
NOW, THEREFORE, BE IT RESOLVED by
the Mayor and Council of Laytonsville that the following ordinance be and the
same is hereby adopted:
Sec. 1. Pursuant to the authority
specified in sec. 2-96 of the Mont. Co. Code 1972, as amended by Ch. 23, Laws
of Mont. Co. 1984, the Town of Laytonsville exempts itself from all legislation
of Montgomery County, Maryland, covered by the grants of legislative authority
to the Town, EXCEPT, HOWEVER, that all the following Montgomery County laws and
ordinances shall apply and be in full force and effect within the Town:
Chapter 3, Mont. Co. Code 1972, “Air Quality Control” as
now or hereafter amended
(11/5/1999)
Chapter 3A, Mont.
Co. Code 1972, “Alarms”, as now or hereafter amended. (9/7/1993)
Chapter 5, Mont.
Co. Code 1972, “Animal Control”, as now or hereafter amended.
Chapter 8, Mont.
Co. Code 1972, “Buildings”, now including Building Code adopted thereunder, as
now or hereafter amended.
Chapter 8A, Mont.
Co. Code 1972, “Cable Communications”, as now or hereafter amended.
Chapter 11, Mont.
Co. Code 1972, “Consumer Protection”, as now or hereafter amended. (5/17/1996)
Chapter 17, Mont.
Co. Code 1972, “Electricity”, including the Electrical Code adopted thereunder,
as now or hereafter amended.
Chapter 19, Mont.
Co. Code 1972, “Erosion and Sediment Control”, as now or hereafter amended.
Chapter 21, Mont.
Co. Code 1972, “Fire and Rescue Services” as now or hereafter amended
Chapter 22, Mont.
Co. Code 1972, “Fire Safety Code”, as now or hereafter amended.
Chapter 24-9, Mont.
Co. Code 1972, “Smoking In Public Places and Work Places”, as now or hereafter
amended. (April 5, 1994)
Chapter 24-9A,
Mont. Co. Code 1972, “Smoking In Eating and Drinking Establishments”, as now or
hereafter amended (April 5, 1994)
Chapter 26, Mont.
Co. Code 1972, “Housing Standards”, as now or hereafter amended. (June 7,1988)
Chapter 30A, Mont.
Co. Code 1972, “Montgomery County Municipal Revenue Program” as now or
hereafter amended. (August 6, 1985)
Chapter 31B, Mont.
Co. Code 1972, “Noise Control”, as now or hereafter amended. (July 11, 2000)
Chapter 31C, Mont.
Co. Code 1972, “New Home Warranty & Builder Licensing” as now or hereafter
amended. (October 5, 1993)
Chapter 34, Mont.
Co. Code 1972, “Plumbing and Gas Fitting”, as now or hereafter amended.
Chapter 35, Mont.
Co. Code 1972, “Police” as now or hereafter amended.
Chapter 36, Mont.
Co. Code 1972, “Pond, Well, and Excavation Safety Standards” as now or hereafter
amended.
Chapter 37, Mont.
Co. Code 1972, “Public Welfare”, as now or hereafter amended.
Chapter 39, Mont.
Co. Code 1972, “Rat Control”, as now or hereafter amended.
Chapter 40, Mont. Co.
Code 1972, “Real Property”, as now or hereafter amended.
Chapter 47, Mont.
Co. Code 1972, “Hawkers, Peddlers and Vendors”, as now or hereafter amended.
(May 7, 1996)
Chapter 48, Mont.
Co. Code 1972, “Solid Waste”, as now or hereafter amended.
Chapter 49, Art.
II, Mont. Co. Code 1972, “Road Construction Code, as now or hereafter amended.
(January 6, 1987)
Chapter 51, Mont.
Co. Code 1972, “Swimming Pools”, as now or hereafter amended.
Chapter 52, Mont. Co.
Code 1972, “Taxation”, as now or hereafter amended.
Chapter 55, Mont.
Co. Code 1972, “Unsafe Building”, as now or hereafter amended.
Chapter 58, Mont.
Co., Code 1972, “Weeds”, as now or hereafter amended. (This chapter was struck on July 7, 1987 and is no longer
effective within the Town.)
Sec. 2. This
Ordinance shall take effect on its adoption.
Adopted November 13, 1984
Re-adopted: October 3, 2000