[Amended 10-30-1984 by Res. No. 327]
A.
General. The Town Council shall have the power to
pass all such ordinances not contrary to the Constitution and laws
of the State of Maryland or this Charter as it may deem necessary
for the good government of the Town; for the protection and preservation
of the Town's property, rights and privileges; for the preservation
of peace and good order; for securing persons and property from violence,
danger or destruction; and for the protection and promotion of the
health, safety, comfort, convenience, welfare and happiness of the
residents of the Town and visitors thereto and sojourners therein.
B.
Enumeration. The Town Council shall have, in addition,
the power to pass ordinances not contrary to the Constitution and
laws of the State of Maryland, for the following specific purposes:
(1)
Advertising. To provide for advertising for the purposes
of the Town, for printing and publishing statements as to the business
of the Town.
(2)
Amusements. To provide, in the interest of the public
welfare, for licensing, regulating or restraining theatrical or other
public amusements.
(3)
Appropriations. To appropriate municipal moneys for
any purpose within the powers of the Town Council.
(4)
Billboards. To license, tax and regulate, restrain
or prohibit the erection or maintenance of billboards within the Town,
the placing of signs, bills and posters of every kind and description
on any building, fence, post, billboard, pole or other place within
the Town.
(5)
Bridges. To erect and maintain bridges.
(6)
Buildings. To make reasonable regulations in regard
to buildings and signs to be erected, constructed or reconstructed
in the Town and to grant building permits for the same; to formulate
a Building Code[1] and a Plumbing Code and to appoint a Building Inspector
and a Plumbing Inspector to require reasonable charges for permits
and inspections; to authorize and require the inspection of all buildings
and structures and to authorize the condemnation thereof, in whole
or in part, when dangerous or insecure; and to require that such buildings
and structures be made safe or be taken down.
(7)
Cemeteries. To regulate or prohibit the interment
of bodies within the Town and to regulate cemeteries.
(8)
Codification. To provide for the codification of all
ordinances which have been or may hereafter be passed.
(9)
Community services. To provide, maintain and operate
community and social services for the preservation and promotion of
the health, recreation, welfare and enlightenment of the inhabitants
of the Town.
(10)
Cooperative activities. To make agreements with other
municipalities, counties, districts, bureaus, commissions and governmental
authorities for the joint performance of or for cooperation in the
performance of any governmental functions.
(11)
Curfew. To prohibit the persons of the Town from being
on the streets, lanes, alleys or public places at unreasonable hours
of the night.
(12)
Dangerous conditions. To compel persons about to undertake
dangerous improvements to execute bonds with sufficient sureties conditioned
that the owner or contractor will pay all damages resulting from such
work which may be sustained by any persons or property.
(13)
Departments. To create, change and abolish offices,
departments or agencies, other than the offices, departments and agencies
established by this Charter, to assign additional functions or duties
to offices, departments or agencies established by this Charter, but
not including the power to discontinue or assign to any other office,
department or agency any function or duty assigned by this Charter
to a particular office, department or agency.
(14)
Disorderly houses. To suppress bawdy houses, disorderly
houses and houses of ill fame.
(15)
Dogs.[2] To regulate the keeping of dogs in the Town and to provide,
wherever the county does not license or tax dogs, for the licensing
and taxing of the same and to provide for the disposition of homeless
dogs and dogs on which no license fee or taxes are paid.
(16)
Elevators. To require the inspection and licensing
of elevators and to prohibit their use when unsafe or dangerous or
without a license.
(17)
Explosives. To regulate or prevent the storage of
gunpowder, oil or any other explosive or combustible matter and to
regulate or prevent the use of firearms, fireworks, bonfires, explosives
or any other similar things which may endanger persons or property.
(18)
Filth. To compel the occupant of any premises, building
or outhouse situated in the Town, when the same has become filthy
or unwholesome, to abate or cleanse the condition and, after reasonable
notice to the owners or occupants, to authorize such work to be done
by the proper officers and to assess the expense thereof against such
property, making it collectible by taxes or against the occupant or
occupants.
(19)
Finances. To levy, assess and collect ad valorem property
taxes; to expend municipal funds for any public purpose; and to have
general management and control of the finances of the Town.
(20)
Fire. To establish or maintain a Fire Department or
to contribute funds to volunteer fire companies serving the Town;
to inspect buildings for the purpose of reducing fire hazards; to
forbid and prohibit the use of fire-hazardous buildings and structures;
and to regulate or prevent the use of bonfires, explosives or any
other similar things which may endanger persons or property.
(21)
Franchises. To grant and regulate franchises to water
companies, electric light companies, gas companies, telegraph and
telephone companies, transit companies, taxicab companies and any
others which may be deemed advantageous and beneficial to the Town,
subject, however, to the limitations and provisions of the Corporations
and Associations Article of the Annotated Code of Maryland. No franchise
shall be granted for a longer period than 50 years.
(22)
Garbage.[3] To prevent the deposit of any unwholesome substance, either
on private or public property, and to compel its removal to designated
points; to require slops, garbage, ashes and other waste or other
unwholesome materials to be removed to designated points; or to require
the occupants of the premises to place them conveniently for removal.
(23)
Grants-in-aid. To accept gifts and grants of federal
or of state funds from the federal or state governments or any agency
thereof, and to expend the funds for any lawful purpose, agreeable
to the conditions under which the gifts or grants were made.
(24)
Hawkers. To license, tax, regulate, suppress and prohibit
hawkers and itinerant dealers, peddlers, pawnbrokers and all other
persons selling any articles on the streets of the Town, and to revoke
such licenses for any action or threat of action by such a licensee
in the course of his occupation which causes or threatens harm or
injury to inhabitants of the Town or to their welfare or happiness.
(25)
Health. To protect and preserve the health of the
Town and its inhabitants; to appoint a public health officer and to
define and regulate his powers and duties; to prevent the introduction
of contagious diseases into the Town; to establish quarantine regulations
and to authorize the removal and confinement of persons having contagious
or infectious diseases; to prevent and remove all nuisances; to inspect,
regulate and abate any buildings, structures or places which cause
or may cause unsanitary conditions or conditions detrimental to health,
provided that nothing herein shall be construed to affect in any manner
any of the powers and duties of the State Board of Health, the County
Board of Health or any public, general or local law relating to the
subject of health.
(26)
Licenses. Subject to any restrictions imposed by the
public general laws of the state, to license and regulate all persons
beginning or conducting transient or permanent business in the Town
for the sale of any goods, wares, merchandise or services; to license
and regulate any business, occupation, trade, calling or place of
amusement or business; and to establish and collect fees and charges
for all licenses and permits issued under the authority of this Charter.
(27)
Liens. To provide that any valid charges, taxes or
assessments made against any real property within the Town shall be
liens upon such property, to be collected as municipal taxes are collected.
(28)
Livestock. To regulate and prohibit the running at
large of cattle, horses, swine, fowl, sheep, goats, dogs or other
animals; and to authorize the impounding, keeping, sale and redemption
of such animals which are found in violation of the ordinance in such
cases provided.
(29)
Minor privileges. To regulate or prevent the use of
public ways, sidewalks and public places for signs, awnings, posts,
steps, railings, entrances, racks, posting handbills and advertisements
and display of goods, wares and merchandise.
(30)
Motor vehicles.[4] To regulate the speed, weight and operation of motorcycles,
motor bikes, motor scooters, buses, trucks, motor vehicles and locomotives
within the Town limits in accordance with the Transportation Article,
§ 21-803 of the Annotated Code of Maryland.
(32)
Nuisances. To prevent or abate by appropriate ordinances
all nuisances in the Town and one-half (1/2) mile beyond the corporate
boundaries which are so defined at common law, by this Charter, or
by the laws of the State of Maryland, whether the same be herein specifically
named or not, to regulate, to prohibit, to control the location of
or to require the removal from the Town of all trading in, handling
of or manufacture of any commodity which is or may become offensive,
obnoxious or injurious to the public comfort or health. In this connection,
the Town may regulate, prohibit, control the location of or require
the removal from the Town of such things as stockyards, slaughterhouses,
cattle or hog pens, tanneries and renderies. This listing is by way
of enumeration, not limitation.
(33)
Obstructions. To remove all nuisances and obstructions
from the streets, lanes and alleys and from any lots adjoining thereto,
or any other places within the limits of the Town.
(34)
Parking facilities. To license and regulate and to
establish, obtain by purchase, by lease or by rent, own, construct,
operate and maintain parking lots and other facilities for off-street
parking.
(35)
Parking meters. To install parking meters on the streets,
public places of the Town, in such places as it shall by ordinance
determine, and by ordinance prescribe rates and provisions for the
use thereof, except that the installation of parking meters on any
street or road maintained by the State Roads Commission of Maryland
must first be approved by the Town Council.
(36)
Parks and recreation. To establish and maintain public
parks, gardens, playgrounds and other recreational facilities and
programs to promote the health, welfare and enjoyment of the inhabitants
of the Town.
(37)
Police force. To establish, operate and maintain a
police force.
(38)
Police powers. To punish and suppress vagrancy, vice,
gambling and the owning or keeping of houses of ill fame within the
limits of the Town. To enforce all ordinances relating to disorderly
conduct and the suppression of nuisances equally within the limits
of the municipality and beyond those limits for one-half (1/2) mile,
or for so much of this distance as does not conflict with the powers
of another municipal corporation.
(39)
Property. To acquire by conveyance, purchase or gift,
real or leasable property for any public purposes; to erect buildings
and structures thereon for the benefit of the Town and its inhabitants;
to convey any real or leasehold property when no longer needed for
the public use, after having given at least 20 days' notice of the
proposed conveyance; and to control, protect and maintain public buildings,
grounds and property of the Town.
(40)
Refuse collection.[6] To acquire, regulate or provide for the collection, removal
and disposal of refuse, garbage, rubbish, filth or any other matter
or thing that is or may become injurious to the health or comfort
of the inhabitants of the Town. Whenever such requirements shall not
be met, the Town shall arrange for the necessary work to be done,
and any expenses incident thereto shall become a lien upon the property.
(41)
Regulations. To adopt by ordinance or ordinances and
enforce within the corporate limits, police, traffic, speed, parking
and other similar regulations not in conflict with the laws of the
State of Maryland or with this Charter.
(42)
Sidewalks. To construct, maintain and improve sidewalks
and regulate the use of sidewalks and all structures in, under or
above the same; to require the owner or occupant of premises to keep
the sidewalks in front thereof free from snow or other obstructions;
and to prescribe hours for clearing and cleaning sidewalks.
(43)
Voting machines. To purchase, lease, borrow, install
and maintain voting machines for use in Town elections.
(44)
Zoning.[7] To exercise the powers as to planning and zoning conferred
upon municipal corporations generally in Article 66B of the Annotated
Code of Maryland, subject, however, to the limitations and provisions
of said Article. Zoning regulations are subject to a referendum of
the voters at regular or special elections.
C.
Saving clause. The enumeration of powers in this section
is not to be construed as limiting the powers of the Town to the several
subjects mentioned.
For the purpose of carrying out the powers granted
in this article or elsewhere in this Charter, the Town Council may
pass all necessary ordinances. All the powers of the Town shall be
exercised in the manner prescribed by this Charter or, if the manner
be not prescribed, then in such manner as may be prescribed by ordinance.
A.
Misdemeanors. To ensure the observance of the ordinances
of the Town, the Town Council has the power to provide that violation
thereof shall be a misdemeanor, unless otherwise specified as an infraction,
and has the power to affix thereto penalties of a fine not to exceed
the maximum fine permitted pursuant to Md. Code. Ann. Article 23A,
§ 3(a), as amended from time to time, or imprisonment for
not exceeding 90 days, or both such fine and imprisonment. Any person
subject to any fine, forfeiture or penalty has the right of appeal
within 10 days to the Circuit Court of the county in which the fine,
forfeiture or penalty was imposed. The Town Council may provide that,
if the violation is continuing and is persisted in, a conviction for
one violation shall not be a bar to a conviction of offense subsequent
to the first or any succeeding conviction.
[Amended 3-3-2003 by Res. No. 622]
B.
Infractions.[1]
(1)
The Town Council may provide that violations of any
municipal ordinance shall be a municipal infraction unless that violation
is declared to be a felony or misdemeanor by the laws of the state
or other ordinance. For purposes or this section, a municipal infraction
is a civil offense.
(2)
A fine not to exceed the maximum fine permitted pursuant
to Md. Code. Ann. Article 23A § 3(b), as amended from time
to time, may be imposed for each conviction of a municipal infraction.
The fine is payable by the offender to the municipality within 20
calendar days of receipt of a citation. Repeat offenders may be assessed
a fine not to exceed the maximum fine permitted by Article 23A, § 3(b),
for each repeat offense, and each day a violation continues shall
constitute a separate offense.
[Amended 3-3-2003 by Res. No. 622]
(3)
Any person receiving a citation for an infraction
may elect to stand trial for the offense by notifying the Town in
writing of this intention at least five days prior to the date set
for payment of the fine. Failure to pay the fine or to give notice
of intent to stand trial may result in an additional fine or adjudication
by the court.
(4)
Adjudication of a municipal infraction is not a criminal
conviction for any purpose, nor does it impose any of the civil disabilities
ordinarily imposed by a criminal conviction.
