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.
[Amended 7-12-2010 by Res. No. 2010-22;[1] 2-5-2024 by Ord. No. 2024-1]
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.
(2) 
In the case of a vacancy in the Office of Mayor, the person serving as the President of the Council shall serve also as Acting Mayor for the unexpired term 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.
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.
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.