Section 8-627 - Closure or restricted access to defense-related and other properties. - Maryland Statutes

§ 8-627. Closure or restricted access to defense-related and other properties.
 

(a)  Definitions.-  

(1) In this section the following words have the meanings indicated. 

(2) "Defense-related activity" means: 

(i) The preparation of the United States or a state for defense or war; or 

(ii) The prosecution of war by the United States or a country with which the United States maintains friendly relations. 

(3) "Highway authority" means a governing body or individual with the authority under law to restrict or close a highway to the public. 

(4) "Political subdivision" means a county, municipal corporation, special taxing district, or public corporation of the State. 

(5) "Public utility" includes a pipeline, gas, electric, heat, water, oil, sewer, communication, radio, transportation, railroad, airplane, or other system owned or operated for public use. 

(b)  Eligible properties.- This section applies to property owned by a person, the State, or a political subdivision: 

(1) Engaged in, or preparing to engage in, the manufacture, transportation, or storage of a product to be used in a defense-related activity; 

(2) Engaged in, or preparing to engage in, the manufacture, transportation, distribution, or storage of gas, oil, coal, electricity, or water; or 

(3) Operating a public utility. 

(c)  Petition for closure or restricted access.- An owner of property described in subsection (b) of this section, who believes that the property will be endangered if public use and travel is not restricted or prohibited on a highway abutting the property, may petition the highway authority of the State or a political subdivision, as appropriate, to close or restrict public use of and travel on the highway. 

(d)  Hearing; notice.- On receiving the petition, the highway authority shall: 

(1) Set a hearing date; and 

(2) Provide notice of the hearing at least 7 days before the hearing by publication in a newspaper of general circulation in the political subdivision where the property is located. 

(e)  Determination; conspicuous notice.-  

(1) After the hearing, the highway authority may by order close or reasonably restrict the use of a public highway if the highway authority determines that the public safety and the safety of the property require the closure or restriction. 

(2) The highway authority shall conspicuously post a notice in letters at least 3 inches high at each end of a highway that the highway authority closes or restricts. 

(f)  Written permit to travel.- The highway authority may issue a written permit to persons to travel on a closed or restricted highway under conditions that the highway authority establishes. 

(g)  Revocation or modification of order.- The highway authority may revoke or modify an order issued under this section. 

(h)  Violation; penalties.- A person who violates an order issued under this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both. 
 

[2001, ch. 29, § 6; ch. 166, § 1; 2002, ch. 19; 2005, ch. 25, § 1.]