[HISTORY: Adopted by the Mayor and Common
Council of the City of Westminster as indicated in article histories.
Amendments noted where applicable.]
[Adopted 11-11-2002 by Ord. No. 689]
The ordinances of the City of Westminster, Maryland, of a general and permanent nature, adopted by the Mayor and Common Council, which were contained in the 1991 edition of the Code of the City of Westminster, as revised, codified and consolidated into parts, chapters and sections by General Code Publishers Corp. and consisting of Chapters
1 through 173, are hereby approved, adopted, ordained and enacted as the "Code of the City of Westminster, Maryland," dated 2002, hereinafter known and referred to as the "Code."
All ordinances of a general and permanent nature
of the City of Westminster in force on the date of the adoption of
this ordinance and not contained in the Code adopted hereby or recognized
and continued in force by reference therein are hereby repealed from
and after the effective date of this ordinance, except as hereinafter
provided in this ordinance.
The repeal of ordinances provided for in §
1-2 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. Any right or liability established, accrued or incurred
under any legislative provision of the City of Westminster prior to
the effective date of this ordinance, or any action or proceeding
brought for the enforcement of such right or liability.
B. An offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision of
the City of Westminster, or any penalty, punishment or forfeiture
which may result therefrom.
C. Any prosecution, indictment, action, suit or other
proceeding pending or any judgment rendered prior to the effective
date of this ordinance brought pursuant to any legislative provision
of the City of Westminster.
D. Any franchise, license, right, easement or privilege
heretofore granted or conferred by the City of Westminster or any
ordinance adopted for purposes which have been consummated.
E. Any ordinance of the City of Westminster providing
for the laying out, opening, altering, widening, relocating, straightening,
establishing grade, changing name, improvement, acceptance or vacation
of any right-of-way, easement, street, road, highway, park or other
public place within the City of Westminster or any portion thereof.
F. Any ordinance of the City of Westminster appropriating
money or transferring funds, promising or guaranteeing the payment
of money or authorizing the issuance and delivery of any bond of the
City of Westminster or other instruments or evidence of the City's
indebtedness.
G. Any ordinance annexing territory to the City.
H. Ordinances authorizing the purchase, sale, lease or
transfer of property, or any lawful contract or obligation.
J. The levy or imposition of special assessments or charges.
K. Currently effective budget ordinances and tax ordinances.
L. The dedication of property.
M. Any legislation relating to salaries.
N. The Zoning Map of the City of Westminster and all
amendments thereto.
O. Any ordinance adopted subsequent to August 12, 2002.
P. Any of the following ordinances or regulations or
amendments thereto:
(1) Section 1 of Ordinance No. 253, passed August 27,
1935, which accepted the then completed sanitary sewer system and
the sewage treatment plant;
(2) Ordinance No. 249, establishing a Plumbing Code, as
amended by Ordinance No. 252;
(3) Rules and regulations governing plumbing and related
matters, promulgated pursuant to the provisions of Section 5 of Ordinance
No. 249;
(4) Ordinance No. 307, establishing a Building Code, as
amended by Ordinance No. 343;
(5) Ordinance No. 309, regulating certain buildings abutting
upon alleys; and
(6) Section 3 of Ordinance No. 5 relating to unsafe walls
and buildings.
In compiling and preparing the ordinances of
the City of Westminster for adoption and inclusion as part of the
Code, certain grammatical changes and other minor changes were made
in one or more of said ordinances. It is the intention of the Mayor
and Common Council that all such changes be adopted as part of the
Code as if the ordinances so changed had been previously formally
amended to read as such.
A copy of the Code in a post-bound volume has
been filed in the office of the City Clerk and shall remain there
for the use of and examination by the public until final action is
taken on this ordinance; and if this ordinance shall be adopted, such
copy shall be certified to by the City Clerk, and such certified copy
shall remain on file in the office of the City Clerk, available to
persons desiring to examine the same during all times when said Code
is in effect.
Any and all additions, deletions, amendments
or supplements to the Code, when passed and adopted in such form as
to indicate the intention of the Mayor and Common Council to be a
part thereof, shall be understood and intended to include such changes.
Whenever such additions, deletions, amendments or supplements to
the Code shall be adopted, they shall thereafter be printed and, as
provided hereunder, inserted in the post-bound volume containing said
Code, as amendments and supplements thereto.
It shall be the duty of the City Clerk or someone
authorized and directed by the City Clerk to keep up-to-date the certified
copy of the book containing the Code required to be filed in the office
of the City Clerk for the use of the public. All changes in said
Code and all ordinances adopted by the Mayor and Common Council subsequent
to the effective date of this recodification which the Mayor and Common
Council shall adopt specifically as part of the Code shall, when finally
adopted, be included therein by reference until such changes or new
ordinances are printed as supplements to said Code book, at which
time such supplement shall be inserted therein. Further, the City
Clerk shall deposit or cause to be deposited with the State Department
of Legislative Reference copies of the Code and amendments thereto,
free of charge, as required pursuant to Article 23A, § 17A
of the Annotated Code of Maryland.
It is hereby declared to be the intention of
the Mayor and Common Council that the sections, paragraphs, sentences,
clauses and phrases of this ordinance and the Code hereby adopted
are severable, and if any phrase, clause, sentence, paragraph or section
of this ordinance or the Code hereby adopted shall be declared unconstitutional
or otherwise invalid by the valid judgment or decree of a court of
competent jurisdiction, such unconstitutionality or invalidity shall
not affect any of the remaining phrases, clauses, sentences, paragraphs
and sections of this ordinance or the Code hereby adopted, since the
same would have been enacted by the Mayor and Common Council without
the incorporation in this ordinance or the Code of any such unconstitutional
section, paragraph, sentence, clause or phrase.
The Mayor and Common Council declares that an
emergency exists and that this legislation is necessary for the immediate
protection of the public health and safety. This ordinance shall
take effect immediately upon adoption, and all provisions of the Code
shall be in full force and effect on and after the effective date
of this ordinance.
The provisions of this ordinance are hereby made Article
I of Chapter
1 of the Code of the City of Westminster, Maryland, and the sections shall be numbered § §
1-1 through
1-10.
[Adopted as Ch. 1 of the 1972 Code, as amended through
1990]
The ordinances embraced in the following chapters
and sections shall constitute and be designated as the "Code of the
City of Westminster, Maryland," and may be so cited. The Code may
also be cited as "Westminster City Code."
A. As used in this Code, the following terms shall have
the meanings indicated:
[Amended 4-13-1992 by Ord. No. 555; 4-26-2006 by Ord. No.
750]
CODE
The Code of the City of Westminster.
[Added 11-24-2008 by Ord. No. 791]
COUNTY
Carroll County, Maryland.
DEPARTMENT OF PLANNING
The Department of Planning, Zoning and Development of the
City of Westminster.
[Added 12-6-2007 by Ord. No. 773]
GENERAL FEE SCHEDULE
A schedule of general fees adopted by the Mayor and Common Council of Westminster by resolution and as may be amended from time to time, establishing certain fees, costs, and charges, including those fees, costs and charges formerly set forth in Chapter
A175, Article
I, General Fees, of this Code, and excluding those established pursuant to Chapters
124 and
160 of the Code. Wherever this Code makes reference to the "General Fee Ordinance," such reference shall be deemed and interpreted to be a reference to the "General Fee Schedule."
[Added 11-24-2008 by Ord. No. 791; amended 6-29-2020 by Ord. No. 925]
KEEPER and PROPRIETOR
Includes persons, firms, associations, corporations, clubs
and copartnerships, whether acting by themselves or a servant, agent
or employee.
MAYOR
The Mayor of the City of Westminster, Maryland.
OATH
Includes an affirmation or declaration in all cases in which,
by law, an affirmation may be substituted for an oath, and in such
cases the words "swear" and "sworn" shall be equivalent to the words
"affirm" and "affirmed."
OWNER
As applied to any property, includes any part owner, joint
owner, tenant in common, joint tenant or tenant by the entirety of
the whole or a part of such property.
PERSON
Includes a corporation, firm, partnership, association, organization
and any other group acting as a unit, as well as an individual.
PERSONAL PROPERTY
Includes every species of property except real property,
as herein defined.
PLANNING DIRECTOR
The Planning Director of the City of Westminster.
[Amended 12-6-2007 by Ord. No. 773]
POLICE OFFICER
Includes but is not limited to any bailiff or special bailiff
of this City and any member of the City Police Department having authority
to make arrests.
PROPERTY
Includes real and personal property.
PUBLIC WORKS DIRECTOR
The Public Works Director of the City of Westminster.
[Amended 12-6-2007 by Ord. No. 773]
SIDEWALK
That portion of a street between the curbline, or the lateral
lines of a roadway where there is no curb, and the adjacent property
line, intended for the use of pedestrians.
STREET
Includes any public way, road, highway, street, avenue, boulevard,
parkway, alley, lane, viaduct, bridge and the approaches thereto within
the City and shall mean the entire width thereof between abutting
property lines. It shall also be construed to include a sidewalk or
footpath, unless the contrary is expressed or unless such construction
would be inconsistent with the manifest intent of the legislative
body.
TENANT or OCCUPANT
As applied to a building or land, includes any person who
occupies the whole or a part of such building or land, whether alone
or with others.
UTILITY FEE ORDINANCE
An ordinance adopted by the Mayor and Common Council of Westminster and amended from time to time establishing fees, costs and charges relating to utilities provided, pursuant to Chapters
124 and
160 of the Code.
[Added 11-24-2008 by Ord. No. 791]
WRITING and WRITTEN
Includes printing and any other mode of representing words,
letters and figures.
YEAR
A calendar year, except where fiscal year is specifically
referred to.
B. In the construction of this Code and of all ordinances,
the following rules shall be observed, unless such construction would
be inconsistent with the manifest intent of the Mayor and Common Council.
(1) Computation of time. The time within which an act
is to be done shall be computed by excluding the first and including
the last day; and if the last day is Sunday or a legal holiday, that
shall be excluded.
(2) Gender. Words importing the masculine gender shall
include the feminine and neuter.
(3) Joint authority. All words giving a joint authority
to three or more persons or officers shall be construed as giving
such authority to a majority of such persons or officers.
(4) May. The word "may" is permissive.
(5) Number. Words used in the singular include the plural,
and the plural includes the singular number.
(6) Official time standard. Whenever certain hours are
named in this Code, they shall mean standard time or daylight saving
time, whichever may be in current use in the City.
(7) Or; and. The word "or" may be read "and" may be read
"or," where the sense requires it.
(8) Shall. The word "shall" is mandatory.
(9) Time. Words used in the past or present tense include
the future as well as the past and present.
The catchlines of the several sections of this
Code are intended as mere catchwords to indicate the contents of the
sections and shall not be deemed or taken to be titles of such sections
nor as any part of such sections nor, unless expressly so provided,
shall they be deemed when any of such sections, including the catchlines,
are amended or reenacted.
A. The repeal of an ordinance shall not revive any ordinances
in force before or at the time the ordinance repealed took effect.
B. The repeal of an ordinance shall not affect any punishment
or penalty incurred before the repeal took effect nor any suit, prosecution
or proceeding pending at the time of the repeal for an offense committed
under the ordinance repealed.
The provisions appearing in this Code, so far
as they are the same in substance as ordinances existing at the effective
date of this Code, shall be considered as continuations thereof and
not as new enactments.
It is hereby declared to be the intention of
the legislative body that the sections, paragraphs, sentences, clauses
and words of this Code are severable, and if any word, clause, sentence,
paragraph or section of this Code shall be declared unconstitutional
or otherwise invalid by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality or invalidity
shall not affect any of the remaining words, clauses, sentences, paragraphs
and sections of this Code since the same would have been enacted by
the legislative body without the incorporation in this Code of any
such unconstitutional or invalid word, clause, sentence, paragraph
or section.
A. The Seal heretofore provided and used for the corporate
purposes of the Mayor and Common Council of Westminster, being a disc
upon the face of which are two concentric circles with the words "Corporation
of Westminster" and a star between them and in the center of which
is a radiant shield with the figures "1838" thereon shall be, and
it is hereby established and declared to have been and now to be,
the official and corporate Seal of the Mayor and Common Council of
Westminster.
B. The City Clerk shall be the keeper of the Seal of
the corporation of Westminster and shall affix or make an impression
thereof on all ordinances and papers requiring the corporation Seal.
A. Unless otherwise provided herein, any person found
guilty of violating any provision of this Code, which violation is
a misdemeanor as defined herein, shall be subject to a fine not to
exceed $1,000 and imprisonment not to exceed six months, or both such
fine and imprisonment. Each day such violation continues shall constitute
a separate offense.
B. Any person found guilty of violating a provision of
this Code, which violation is an infraction as declared herein, shall
be subject to a fine not to exceed $400. The fine shall be paid by
the offender to the City of Westminster within 20 calendar days of
receipt of a citation. Repeat offenders may be assessed a fine not
to exceed $400 for each repeat offense. Each day a violation continues
shall, unless otherwise provided, constitute a separate or repeat
offense.
C. Misdemeanors and infractions; procedures.
(1) Misdemeanor. A "misdemeanor" is:
(a)
A criminal offense, not amounting to a felony,
arising from a violation of a law of the state, which violation is
defined as a misdemeanor; or
(b)
Unless otherwise specified, a violation of any
section of the Code of the City of Westminster. All violations of
this Code shall be treated as misdemeanors unless specifically declared
to be infractions.
(2) Infraction. An "infraction" is any violation of this
Code, which violation has been specifically declared to be an infraction.
For purposes of this Code, an infraction is a civil offense.
(3) Issuance of citation. Those enforcement officials
authorized by the Mayor and Common Council to enforce this Code may
deliver a citation to any person alleged to be committing an infraction.
A copy of the citation shall be retained by the City and shall contain,
at a minimum, the following information:
(a)
The enforcing official's certification attesting
to the truth of the matter set forth in the citation.
(b)
The name and address of the person charged.
(c)
The nature of the infraction.
(d)
The location and time that the infraction occurred.
(e)
The amount of the infraction fine assessed.
(f)
The manner, location and time in which the fine
may be paid to the City.
(g)
The person's right to elect to stand trial for
the infraction.
(h)
The effect of failing to pay the assessed fine
or to demand a trial within the prescribed time.
(4) Payment of fine. The fine for an infraction shall
be as specified in the Code section violated. The fine is payable
by the recipient of the citation to the City of Westminster within
20 calendar days of receipt of the citation.
(5) No formal hearing by City. The City shall not conduct
any formal hearing for those persons in receipt of a citation of infraction.
Any offender so cited may pay the fine as indicated in the citation
or elect to stand trial for the offense. This provision shall not
prevent an offender from requesting, either personally or through
an attorney, additional information concerning the infraction.
(6) Election to stand trial. A person receiving the citation
for an infraction may elect to stand trial for the offense by notifying
the City, in writing, of his intention of standing trial. The notice
shall be given at least five days prior to the date of payment as
set forth in the citation.
(7) Failure to pay fine. If a person receiving a citation
for an infraction fails to pay the fine for the infraction by the
date of payment set forth on the citation and fails to file a notice
of his intention to stand trial for the offense, the person is liable
for the assessed fine. The City may double the fine to an amount not
to exceed $400 and request adjudication of the case through the District
Court, including the filing of a demand for judgment on affidavit.
If the person receiving a citation for an infraction shall be found
by the District Court to have committed an infraction, the person
shall be required to pay the fine determined by the District Court,
not to exceed $400. The person shall also be liable for the costs
of the proceedings in the District Court, and the Court may permit
the City to abate any such condition at the person's expense.