§ 5-705.1. Authority of political subdivisions to cease nighttime operation of high intensity lighting systems on transmission towers

   (a) "Governing body of a political subdivision" defined. -- In this section, "governing body of a political subdivision" means the Baltimore County Council or the County Commissioners of Carroll County.

(b) Orders to owners to cease nighttime operation. -- If a tower located in Baltimore County or Carroll County is equipped with a fully operational replacement obstruction lighting system that meets applicable State and federal aviation regulations, the governing body of that political subdivision may order the owner of a television or radio transmitting tower that is equipped with a pulsating high intensity white light system, as defined in Federal Communications Commission regulations, to cease nighttime operation of the pulsating high intensity white light system.

(c) Hearings. -- A governing body of a political subdivision may issue an order described under subsection (b) of this section only after a public hearing conducted by the governing body.

(d) Hearings -- Notice. -- A governing body that conducts a public hearing under this section shall:

   (1) Provide reasonable advance notice of the time, place, and subject matter of the hearing;

   (2) Provide a reasonable opportunity for all interested persons to present oral and written comments; and

   (3) Notify the Administration at least 10 days before any hearing is held.

(e) Petitions. -- The governing body of a political subdivision or a joint board established under Subtitle 6 of this title, shall hold a public hearing under subsection (b) of this section on the petition of at least 50 individuals who:

   (1) Reside within the political subdivision and within a 3-mile radius of a television or radio transmitting tower or other structure that is equipped with a pulsating high intensity white light system; and

   (2) Claim that the nighttime operation of the pulsating high intensity white light system interferes with the quiet enjoyment of their property.

(f) Conversion of system. -- A political subdivision may grant to an owner who is required to cease operation of a pulsating high intensity white light system under this section, not more than 180 days to convert the pulsating high intensity white light system to a system utilizing red aviation obstruction lights or a dual lighting system as defined in Federal Communications Commission regulations, and which are consistent with other applicable State and federal aviation regulations.

(g) Conversion of system -- Payment of cost of conversion. -- The owner of a pulsating high intensity white light system shall pay the costs of the conversion to a red aviation obstruction or a dual lighting system under this section.

HISTORY: 1986, ch. 859; 1991, ch. 55, § 1; 2001, ch. 29, § 6.