§ 13-7-131. DEFINITIONS.

(a)

In general. In this Part IV of this subtitle the following words have the meanings indicated.

(b)

Adult. "Adult" is any person twenty-one (21) years of age or older.

(c)

Alcoholic beverage. "Alcoholic beverage" has the meaning stated in § 1-101 of the Alcoholic Beverages Article of the Annotated Code of Maryland.

(d)

Controlled substance. "Controlled substance".

(1)

Means a drug or substance the possession and use of which is regulated under the State Controlled Dangerous Substances Act.

(2)

"Controlled substance" does not include any drug or substance for which a person has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription.

(e)

Family gathering. "Family gathering" means a gathering in a private residence of an adult or within the curtilage of a private residence where each minor present is directly supervised by an adult member of his or her immediate family.

(f)

Legal guardian. "Legal guardian" means a person who is lawfully vested with the power and charged with the duty of providing care to a minor.

(g)

Minor or underage person. "Minor" or "underage person" means any person under twenty-one (21) years of age.

(h)

Parent. "Parent" is a person who is a natural parent, adoptive parent, foster parent, or step parent.

(i)

Property owner.

(1)

"Property owner" means any person who owns a property or has charge, care or control of a property as a legal owner, or as a property manager or management company, if applicable.

(2)

"Property owner" includes a landlord.

(j)

Residence or other private property.

(1)

"Residence or other private property" means a dwelling with six or less dwelling units and includes a detached, attached, or semi-detached single family dwelling, a row home, townhome, apartment, condominium, or other dwelling unit, or a yard or curtilage of a residence.

(2)

Residence or other private property includes a hall, meeting room, hotel or motel room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation, including contiguous properties, and any buildings, structures or other improvements situated thereon or affixed thereto.

(k)

Responsible person.

(1)

(i)

"Responsible person" means a person or persons with a right of possession in the residence or other private property on which an unruly social gathering is conducted.

(ii)

"Responsible person" includes:

1.

The person who organizes or supervises or conducts the event; or

2.

Any other person accepting responsibility for such a gathering.

(2)

A responsible person for the unruly social gathering need not be physically present at such gathering.

(3)

If the responsible person is a juvenile, then the juvenile and the parents or legal guardians of the juvenile may be jointly and severally liable for civil penalties or other costs.

(l)

Unruly social gathering. "Unruly social gathering" means a party, event, or assemblage of four or more persons at a residence or other private property where:

(1)

Alcoholic beverages are being furnished to, consumed by, or in possession of any underage person in violation of state law; or

(2)

Behavior or conduct is occurring that results in a substantial disturbance of the peace and quiet enjoyment of private or public property, which may include the following:

(i)

Excessive noise as prohibited in § 17-3-103 of the Code;

(ii)

Excessive traffic that is significantly above and beyond the normal amount of pedestrian or vehicle traffic for the day, date, and time of day for the zoning district;

(iii)

Use of a controlled substance by any person at the gathering;

(iv)

Obstruction of public streets or the presence of unruly crowds that have spilled onto public streets;

(v)

Public drunkenness or unlawful consumption of alcohol or alcoholic beverages;

(vi)

Assaults, batteries, fights, or other disturbances of the peace;

(vii)

Vandalism of public or private property;

(viii)

Public urination;

(ix)

Littering; or

(x)

Other conduct which constitutes a threat to the public safety, quiet enjoyment of residential property, or the general welfare.

( Bill No. 90-15, § 1, 2-1-2016 ; Bill No. 2-17 , § 1, 3-6-2017)

Editor's note:
  Section 2 of Bill No. 90-15 , as amended by Bill No. 68-17 , states this Act having been passed by the affirmative vote of five members of the County Council, shall take effect on February 1, 2016, and shall expire on November 1, 2022, without the necessity of further action by the County Council.