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(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.