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(a) Changes. Unless the law expressly provides otherwise, when the County changes a law, the law does not affect:
(1) any rights vested in a person before the change became effective;
(2) any contract rights that existed before the change became effective; and
(3) any legal actions for a violation of the law that occurred before the change became effective.
(b) Modifications. For purposes of acts that occurred before a new law became effective, if the law modifies an existing provision in the Code, then the modified provision continues the existing provision unless:
(1) The new law states that it does not continue the existing provision; or
(2) The context indicates that the new law was not intended to continue the existing provision. (1987 L.M.C., ch. 35, § 1.)
(a) Severable provisions. Except as provided under subsection (b), it is the intent of the Council that the provisions of this Code and all laws enacted by the County Council are severable. If a provision is held invalid or inapplicable, the remainder of the Code or the law remains in effect.
(b) Nonseverable provisions. The County Council may expressly provide by law that certain provisions are not severable. (1987 L.M.C., ch. 35, § 1.)
(a) Purpose. The County Council and the County Executive find that it is in the public interest:
(1) to foster the concept of municipal home rule;
(2) to encourage comity between the County and its municipal corporations;
(3) to prevent dual regulations and conflicts in laws between the County and municipal corporations; and
(4) to provide for the efficient use of public funds and services by establishing limitations, with specified exceptions, on the applicability and enforceability within municipal borders of County local laws and regulations when the municipal corporations have the power to enact their own legislation on the same subject matter.
(b) Definition of legislation. In this section, legislation means any form of County or municipal legislative enactment, including an existing or new law, ordinance, or resolution.
(c) Standards governing the applicability of County legislation within municipal corporations. Except as provided in subsection (d) of this section, legislation enacted by the County does not apply within the boundaries of a municipal corporation in the County if the legislation:
(1) by its terms exempts all municipal corporations;
(2) conflicts with legislation of the municipal corporation enacted under a grant of legislative authority provided either by public general law or its charter; or
(3) relates to a subject with respect to which the municipal corporation has a grant of legislative authority provided either by public general law or its charter and the municipal corporation, by ordinance or charter amendment having prospective or retrospective applicability, or both:
(A) specifically exempts itself from the County legislation; or
(B) generally exempts itself from all County legislation covered by the grants of authority to the municipal corporation.
(d) Exceptions to general exemption from County legislation. A municipal corporation may establish one (1) or more exceptions to the general exemption under subsection (c)(3)(B) of this section by referencing specific county legislation in the ordinance or Charter amendment.
(e) Categories of County legislation applicable in municipalities.
(1) If a municipal corporation specifically references County legislation as an exception under subsection (d) of this section, the County legislation referenced applies within the municipal corporation.
(2) Notwithstanding subsections (c)(2) and (c)(3), the following categories of County legislation, if otherwise within the scope of legislative powers granted to the County by the General Assembly, shall nevertheless apply in all municipalities in the County:
(A) County legislation where a law enacted by the General Assembly so provides;
(B) County revenue or tax legislation, subject to the Tax Property Article of the Maryland Code.
(f) Emergency override authority. The County declares that it will not exercise the authority granted to it by the General Assembly under section 2B(b)(3), article 23A, Annotated Code of Maryland 1957, as amended. (1987 L.M.C., ch. 35, § 1; 2013 L.M.C., ch. 4, § 1)
Editor’s note—See County Attorney Opinion dated 12/6/02-A discussing the application of Chapter 19 in Friendship Heights. See County Attorney Opinion dated 5/6/98 indicating that the County Council, sitting as a Board of Health, may enforce County law regarding group homes in the eight home-rule municipalities that have not adopted their own law.
Cross reference-Administration and enforcement of legislation in municipal corporations and special taxing districts, § 2-96.
The following rules of interpretation apply to resolutions adopted by the Council, laws enacted by the Council, and the County Charter:
(a) Bold face. A word has no legal significance solely because it appears in bold face. Bold face indicates that the term is defined or is a heading.
(b) How to compute periods measured in months. If a period of time is measured in months, the period begins and ends at 12:01 a.m. on the same number day of a month. However, if there are not enough days in the final month for this to be possible, the period ends on the final day of the final month.
(c) How to compute deadlines. If the Charter or Code or a resolution requires or allows a person to perform an act within a specific time period measured in days, the person must compute the deadline in the following manner:
(1) Count the day after the event as the first day of the period, if the period follows an event.
(2) Count the remaining number of days in the period. However, if the period is 7 days or less, omit Saturdays, Sundays, and legal holidays.
(3) Do not count the last day if it is a Saturday, Sunday, or legal holiday or if the office where the person must file a paper or perform an act is not open during the regular hours of that office.
(d) Requirements to act by a specific date. If the Charter or Code or a resolution requires or allows a person to perform an act by a specific date, but the specific date is a Saturday, Sunday, or legal holiday, the person may perform the act on the next day that is not a Saturday, Sunday, or legal holiday.
(e) Signatures. The signature of a person may be the actual signature of the person or a mark that the person has authorized.
(f) Singular and plural. The singular includes the plural and the plural includes the singular.
(g) Tense. The present tense includes the future tense.
(h) Title of sections. Titles and captions are not part of the Charter or Code or a resolution. They only advise the reader of the content of each provision. (1987 L.M.C., ch. 35, § 1; 2010 L.M.C., ch. 49, § 1; 2013 L.M.C., ch. 20, § 1.)
(a) General meanings of terms. Unless another meaning is given, in laws enacted by the Council in legislative session the following words have the meanings indicated:
(1) “Class A violation,” “class B violation,” “class C violation” mean the 3 classes of violations of county laws, ordinances, and regulations. These classes are described in section 1-19 of the Code.
(2) “Holiday” means:
(A) a day specifically designated as a holiday under the County personnel regulations; and
(B) any other days that the Chief Administrative Officer designates as a special holiday or substitute holiday under the personnel regulations.
(3) “Method (1),” “method (2),” “method (3)” mean the 3 procedures used to adopt and review executive regulations. These methods are prescribed in Section 2A-15 of the Code.
(4) “Oath” means a statement that a person makes under penalty of law.
(5) “Person” means an individual or legal entity.
(b) Exceptions to general meanings. A word has a meaning that is different from its definition in subsection (a) of this section if:
(1) the context clearly indicates that the meaning in this section is not appropriate; or
(2) this Code contains another definition for the word in a specific context. (1987 L.M.C., ch. 35, § 1.)
If a law refers to a written document, the law includes any document that can be read by a person or a machine. However, if the purpose of the law is to give notice, the document should be in a form that the general public can read easily. (1987 L.M.C., ch. 35, § 1.)
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