A.
Oath required. Before entering upon the duties of
their offices, the Mayor, the Councilmen, the Town Clerk, the members
of the Board of Supervisors of Elections, and all other persons elected
or appointed to any office of profit or trust in the Town government
shall take and subscribe to the following oath or affirmation: "I,
.........., do swear (or affirm, as the case may be), that I will
support the Constitution of the United States; and that I will be
faithful and bear true allegiance to the State of Maryland, and support
the Constitution and laws thereof; and that I will, to the best of
my skill and judgment, diligently and faithfully, without partiality
or prejudice, execute the office of .........., according to the Constitution
and laws of this state and the laws of the Town of Mount Airy.
[Amended 2-4-2013 by Res. No. 2013-1]
B.
Before whom taken and subscribed. The Mayor shall
take and subscribe to this oath or affirmation before the Clerk of
the Circuit Court for the county or before one of the sworn deputies
of the Clerk. All other persons taking and subscribing to the oath
shall do so before the Mayor.
The Town Clerk and such other officers or employees
of the Town as the Council or this Charter may require, shall give
bond in such amount and with such surety as may be required by the
Council. The premiums on such bonds shall be paid by the Town. All
such bonds shall name the Town as obligee and no person required to
furnish such a bond shall undertake the performance of his duties
until such bond has been delivered to and approved by the Council.
In case of a vacancy on the Council or in the
Office of Mayor for any reason:
A.
If the
term for the vacant seat has 425 days or less remaining at the time
of vacancy; then:
(1)
In
the case of a vacancy on the Council, the Council shall elect some
qualified person to fill such vacancy for the unexpired term. All
vacancies in the Council shall be filled by the favorable votes of
a majority of the remaining members of the Council. The result of
any such vote shall be recorded by the Council Secretary or Town Clerk
in the minutes of the Council.
B.
If the term for the vacant seat on the Council or in the Office of Mayor has more than 425 days remaining in the term at the time of vacancy, then the person serving as the President of the Council shall also serve as Acting Mayor until a new Mayor is elected by special election as set forth below and sworn into office and for so long as he or she holds the position of President of the Council, pursuant to Article II, § C2-6 of this Charter. A special election shall be held between 60 and 90 days after the seat is vacated, on a date to be chosen by the Supervisors of Elections. The nominations shall be made on or before a date to be selected by the Supervisors of Elections, which must be at least 14 days after the seat is vacated and 30 days before the election. The person elected shall take office one week after the last of the following to occur:
(1)
The
results of the special election are certified by the Board of Supervisors
of Elections;
(2)
The
public announcement of the results of any recount by the Board of
Supervisors of Elections;
(3)
The
decision by the Board of Supervisors of Elections of any election
contest; or
(4)
The
decision by the Circuit Court of Carroll County on appeal of the decision
of the Board of Supervisors of Elections of any election contest.
[1]
Editor's Note: This resolution provided an effective date
of 8-31-2010.
All right, title and interest held by the Town
or any other person or corporation at the time this Charter is adopted,
in and to any lien acquired under any prior Charter of the Town, are
hereby preserved for the holder in all respects as if this Charter
had not been adopted, together with all rights and remedies in relation
thereto. This Charter shall not discharge, impair or release any contract,
obligation, duty, liability or penalty whatever existing at the time
this Charter becomes effective. All suits and actions, both civil
and criminal, pending or which may hereafter be instituted for causes
of action now existing or offenses already committed against any law
or ordinance repealed by this Charter, shall be instituted, proceeded
with and prosecuted to final determination and judgment as if this
Charter had not become effective.
A.
Every act or omission which, by ordinance, is made
a misdemeanor under the authority of this Charter, unless otherwise
provided, shall be punishable upon conviction by the District Court
sitting in the county within which the offense is committed by a fine
not exceeding $500 or imprisonment for 90 days in the county jail,
or both, in the discretion of the court. Where the act or omission
is of a continuing nature and is persisted in, a conviction for one
offense is not a bar to a conviction for a continuation of the offense
subsequent to the first or any succeeding conviction.
B.
The Council may provide that violations of any ordinance
shall constitute a municipal infraction. Citations therefore may be
issued and delivered by any police officer, the Mayor, code enforcement
personnel and/or the Zoning Administrator. Thereafter, the matter
shall proceed in the manner provided for by Section 6-103 et seq.
of the Local Government Article of the Maryland Code and Sections
4-401 and 12-401 of the Courts and Judicial Proceedings Article of
the Maryland Code as said sections are now in force and as the same
may be amended from time to time by the General Assembly of Maryland.
[Amended 10-7-2002 by Res. No. 2002-1; 5-2-2022 by Res. No. 2022-1]
C.
Other ordinances or parking violation citations may
be issued by the same persons identified in Subsection (b) and prosecuted
in the District Court under the same process herein.
[Added 10-7-2002 by Res. No. 2002-1]
A.
Ordinances, resolutions, rules and regulations not
in conflict with Charter remain in effect. All ordinances, resolutions,
rules and regulations in effect in the Town at the time this Charter
becomes effective which are not in conflict with the provisions of
this Charter shall remain in effect until changed or repealed according
to the provisions of this Charter.
B.
Ordinances, resolutions, rules and regulations in
conflict with Charter repealed. All ordinances, resolutions, rules
and regulations in effect in the Town at the time this Charter becomes
effective which are in conflict with the provisions of this Charter
are repealed to the extent of such conflict.
This Charter may be amended as provided for
in Sections 11-17, Article 23A of the Maryland Code.
If any section or part of section of this Charter
is held invalid by a court of competent jurisdiction, this holding
shall not affect the remainder of this Charter or the context in which
such section or part of section so held invalid appears, except to
the extent that an entire section or part of section may be inseparably
connected in meaning and effect with the section or part of section
to which such holding shall directly apply.
