Sec. 2-128. Appointment of County Attorney as Assistant State's Attorney; powers, duties.

   (a)   The State's Attorney for the County may appoint the County Attorney and any Assistant County Attorney as an Assistant State's Attorney.

   (b)   Assistant State's Attorneys so appointed have the same powers as an Assistant State's Attorney appointed under other applicable law and must assist the State's Attorney in prosecuting violations of:

      (1)   Chapter 5 (Animal Control);

      (2)   Chapter 8 (Buildings);

      (3)   Chapter 22 (Fire Safety Code);

      (4)   Chapter 24A (Historic Preservation);

      (5)   Article 3 of Chapter 49 (Streets and Roads);

      (6)   Chapter 50 (Subdivision of Land);

      (7)   Chapter 59 (Zoning);

      (8)   any County law, and any regulation adopted by the Council sitting as the County Board of Health;

      (9)   Title 11 of the Agriculture Article of the Maryland Code, relating to standards of weights and measures; and

      (10)   any other, law, rule, regulation, or ordinance adopted by the Council.

   (c)   Any Assistant State's Attorney appointed under this Section must serve without additional compensation.

   (d)   Nothing in this Section limits any authority of the County Attorney or an Assistant County Attorney to prosecute any violation listed in this Section as County Attorney or Assistant County Attorney. Each prosecution must be brought in the name of the State or County, as appropriate. (Mont. Co. Code 1965, § 2-99; 1939, ch. 53, § 949A; 1941, ch. 833; 1943, ch. 393; 1945, ch. 1038, § 1091; 1949, ch. 424; 2010 L.M.C., ch. 49, § 1; 2013 L.M.C., ch. 4, § 1.)

A RTICLE VIII. RESERVED.

Secs. 2-129-2-133. Repealed by 1978 L.M.C., ch. 32, § 3.

Secs. 2-134, 2-134A. Repealed by 1997 L.M.C., ch. 12, § 1.

A RTICLE IX. PUBLIC FACILITY AREA DEVELOPMENT. [Note]

 

Notes

[Note]

*Editor's note-Resolution No. 9-695, adopted March 28, 1980, provided for specific posting and public notification requirements to be met prior to the holding of a public hearing on any proposal for the use of any property or site under the provisions of this article.

Sec. 2-135. Short title.

   This article shall be known and may be cited as the public facility area development law. (1968, ch. 607, § 1.)

Sec. 2-136. Findings and declaration of public purpose.

   It is hereby found and declared that Montgomery County, the State of Maryland, and other public agencies operating within Montgomery County face very large and continuing expenditures for the provision of highways, schools, health centers, rapid transit lines and stations, and other public facilities to serve a growing population; that the benefits and costs of such major public facilities may be significantly affected by securing the orderly, planned development of land adjacent to those public facilities; that the costs and benefits at issue are (1) efficiency and economy in the provision of public services, both in capital cost and in operating cost, by means of the functional use and usefulness of the public facility plus the impact of the facility upon the overall land and facility development pattern proposed in the general plan of the county, and (2) attractiveness and amenity of the physical environment, and (3) growth in the local economy and tax base. It is further found and declared that these benefits derived from orderly development adjacent to public facilities can be secured much more reliably by a process whereby land adjacent to the proposed public facility is purchased at the time that land for the facility itself is acquired, a site plan is prepared for the public facility and the adjacent land together, and the adjacent land made available at the proper time for private development according to that plan; and that the acquisition of private property for such public facility area development projects is necessary and is hereby declared to be for a public purpose. (1968, ch. 607, § 1; 1970, ch. 471, § 1.)