The Council shall have the power to pass all such rules, resolutions
and ordinances not contrary to the public general laws of Maryland
and the Constitution of Maryland and this Charter as it may deem necessary
for the good government of the city; for the protection and preservation
of the city's property rights and privileges; for the preservation
of peace and good order and for securing persons and property from
violence, danger or destruction; for the protection of the health,
comfort and convenience of the residents of Fruitland and visitors
and sojourners therein; for the promotion of and orderly development
and growth of the city and all of the areas included therein; for
the facilitation of the transportation of persons and property within
the city; and for the protection and development of the cultural aspects
of the city's life.
A.
In addition to, but not in substitution of, the powers which have
been, or may hereafter be, granted to it, the Council shall have the
following express ordinance-making powers:
(1)
Advertising. To provide for municipal advertising, for the printing
and publication of statements of the receipts and expenditures of
the city and the publication and codification of all laws, ordinances,
resolutions or regulations adopted by or affecting the municipality.
(2)
Aisles. To regulate and prevent the obstruction of aisles in public
halls, churches, places of amusement and places of public congregation.
(3)
Amusements. To provide for the restraining of theatrical or other
public amusements of an immoral or indirect nature within the city.
(4)
Appropriations. To expend municipal funds for any purpose deemed
to be public and to affect the safety, health and general welfare
of the city and its occupants, provided that funds not appropriated
at the time of the annual levy shall not be expended, nor shall any
funds appropriated be expended for any purpose other than that for
which appropriated except by a two-thirds vote of all members of the
Council.
(5)
Audits. To provide for the appointment of an auditor or accountant
to audit the books and accounts of all municipal officers collecting,
handling or disbursing funds belonging to the city.
(6)
Band. To establish, maintain and support a municipal band or musical
organization or to contribute to the maintenance of a nonprofit band
or municipal organization.
(7)
Buildings, plumbing, etc. To make reasonable regulations in regard
to buildings to be erected in the city and to grant building permits
for the same; to formulate a Building Code, a Plumbing Code and a
Housing Code and to appoint a Building Inspector and a Plumbing Inspector
and to require reasonable charges for permits and inspections; to
regulate and restrict the height, number of stories and the size of
buildings and other structures, the size of yards, courts and open
spaces and the location and use of buildings, structures and land
for trade, industry or residence, or tanks, pumps, towers or other
fixtures; to establish the distance buildings, or any part thereof,
fences or walls shall be erected from inner curb or street lines;
to direct in what part of the city wooden buildings shall not be erected
or constructed; 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 taken down.
(8)
Cemeteries. To regulate the interment of bodies and to control the
location and establishment of cemeteries.
(9)
Community services. To provide, maintain and operate such community
and social services for the preservation and promotion of the health,
recreation, welfare, enlightenment and cultural development of the
inhabitants of the city as the inhabitants of the city[1] as the Council may determine.
[1]
Editor's Note: So in original. Probably should read "...cultural
development of the inhabitants of the city as the Council may determine"
or "...cultural development of the inhabitants of the city as the
inhabitants of the city and the Council may determine."
(10)
Corporate name. To change the corporate name of the city, provided
that no such change shall affect any rights, duties or obligations
of the city, and provided further that such ordinance shall first
be submitted and approved by the qualified voters of the city at a
regular or special city election.
(11)
Curfew. To prohibit the youth from being on the streets and
public places at unreasonable hours of the night.
(12)
Dogs and other pets. To regulate the keeping of dogs and other
pets in the city and to provide for the licensing and taxing of the
same; to provide for the disposition of homeless dogs, cats and other
animals and pets on which no licenses or taxes are paid.
(13)
Exits. To regulate the construction and maintenance of exits
from all places of public congregation.
(14)
Explosives, firearms, etc. To control the use and handling of
dangerous and explosive materials; to prevent and regulate the storage
of dangerous, combustible and explosive materials within the city;
to regulate and prevent the firing of any firearms, weapons or explosives
within the city.
(15)
Finances. To have the general management and control of the
finances of the city and to designate by ordinance or resolution the
banks, trust companies or other insured depositories of this state
in which shall be deposited all funds belonging to the city.
(16)
Fire protection. To suppress fires and prevent the dangers thereof;
to contribute to or support, in whole or in part, volunteer fire companies
operating within the city; to inspect buildings for the purpose of
reducing fire hazards and to forbid and prohibit the use of fire hazardous
buildings and structures permanently or until the conditions of city
fire hazard regulations are met; and to take all other measures necessary
to control and prevent fires in the city.
(17)
Franchises. To grant franchises to utility, communication and
transportation companies seeking to provide services within the city
and to any others not otherwise described which may be deemed advantageous
and beneficial to the city and its inhabitants, or the regulation
of which may be necessary to ensure adequate and satisfactory service
to the city and its inhabitants; the city, notwithstanding anything
which may be set out in any such franchise, shall not have the power
to divest itself of its police power to regulate and control the use
of streets, alleys, highways and other public places of the city under
any franchise that may be so granted by it; all franchises granted
by the city shall be for a definite term of years not exceeding twenty-five
(25) and shall be renewable at the discretion of the city; no power
or right not expressly granted in such franchises shall pass thereunder;
and for any franchises hereafter granted, either original or renewable,
the city may make such charges for the use of its streets, alleys,
highways and other public places as may therein be provided.
(18)
Garbage. To provide for the collection and removal of filth,
garbage or any matter or thing that is or may become injurious to
the health or comfort of the inhabitants of Fruitland and to contract
for the collection and removal of same, or to have same collected,
removed or any nuisance abated by the city; to regulate or prevent
the throwing or depositing of any dirt, garbage, trash or liquids
in any public place; to differentiate between the types of filth,
garbage or other matter or material which shall be collected and disposed
of by the city at public expense and which types shall be collected
and disposed of at private expense; or to differentiate between residences
and commercial and industrial establishments in determining what filth,
garbage or other matter or material shall be collected and disposed
of at public expense; and to regulate and license the collection of
filth, garbage, waste or other matter or material within the city.
(19)
Grants-in-aid. To accept gifts and grants of federal or state
funds, or any agency of each, or from private foundations, and to
expend the same for any lawful public purpose, agreeable to the conditions
under which the gift or grant was made.
(20)
Hawkers, peddlers, etc. To regulate and provide for the issuing
of licenses or permits for hawking, peddling and vending of wares
and merchandise of every description upon the public ways of the city
and to issue licenses or permits for itinerant merchants who have
no permanent places of business within the city and who may go from
house to house to vend or sell any wares or merchandise or vend or
sell the same from a hotel, motel or other temporary location.
(21)
Health. To appoint a Board of Health and to define its powers
and duties or to delegate to the Health Department of Wicomico County
such of these powers and duties as it may determine; to regulate the
places of manufacturing soap, fertilizer and other noxious products;
to regulate slaughterhouses, parking houses and all places where offensive
trades may be carried on; to regulate 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 State Board of Health or County Board of Health or any public
general law relating to the subject of health.
(22)
House numbers. To regulate the numbering of buildings and lots
and to compel owners to number or renumber the same or, in default
thereof, to authorize and require the same to be done by the city
at the owner's expense, such expense to constitute a lien upon
the property and be enforceable as provided by ordinance.
(23)
Inspections. To authorize and require the inspection of gas
pipes, oil lines, water pipes, plumbing apparatus, steam lines, electric
lines, wires and cables and drainage and sewage systems on private
property and to compel repairs thereon.
(24)
Jail. To establish and regulate a station house or lockup for
temporary confinement of persons arrested or picked up for safekeeping
by the city police.
(25)
Licenses generally. To issue licenses to any and all persons
entering into or beginning transient business in the city for the
sale of any goods, wares or merchandise; to license and regulate fire
sales or going-out-of-business sales; to license and regulate places
of amusement and athletic events or exhibitions; to license or regulate
any other business or calling where such licensing and regulation
is not preempted by public general law.
(26)
Liens. To provide that any valid charges, taxes or assessments
made against any real property, or that the costs of work done upon
private property to abate nuisances or promote the public welfare
under the authority of a valid municipal ordinance, shall be liens
upon such property to be collected in the same manner as municipal
taxes are collected.
(27)
Markets. To establish and regulate markets and to license the
sale of marketable commodities therein.
(28)
Merit and pension system. To establish and maintain merit and
pension systems or provide a group insurance plan providing health,
accident, hospitalization, surgical, any pension benefits or payments
or any of them for all city employees except elected officials or
those serving without compensation; or to include its officers and
employees in any retirement or pension system operated by or in conjunction
with the state, on such terms and conditions as state laws may prescribe.
In connection with any merit system established, the city may request
and avail itself of the facilities of the Commissioner of State Employment
and Registration for the administration of such merit system without
unnecessary expense.
(29)
Minor privileges. To establish and maintain a system of minor
privileges and provide licenses and fees therefor, provided that no
grant of a minor privilege may be used to avoid the requirements of
any planning or zoning ordinances.
(30)
Museums, etc. To establish and maintain museums and art centers,
including those for the performing arts; to preserve, protect and
maintain buildings and structures of historical or architectural significance
or importance; and to require the preservation and protection of buildings,
structures and areas of historical or architectural significance or
importance; to provide for the collection and maintenance of historical,
artistic and cultural material connected with the city and surrounding
area or the residents or former residents thereof.
(31)
Mutual arrangement. The city shall have the right to make a
mutual arrangement with the State of Maryland or any agency thereof,
with Wicomico, Somerset or Worcester Counties or any agency thereof
or with any other municipality of either of said counties, for the
mutual ownership or operation of any facility or utility or part thereof;
or by contract to provide services for or receive services from any
such governmental body or agency thereof.
(32)
Parking lots. To license, regulate, establish, operate, acquire,
own and maintain parking lots; and to charge for the use of municipally
owned and/or operated parking lots.
(33)
Parks. To establish and maintain such parks, squares, gardens,
playgrounds and recreational facilities as in the discretion of the
Council are deemed to be for the health and welfare of the city and
its inhabitants.
(34)
Planning. To appoint a Planning Board and to define and regulate
its powers and duties; to employ persons skilled in municipal planning
to assist in the planned development of the city; or to arrange for
planning services from some other governmental agency on a fee or
cost sharing basis.
(35)
Police. To establish and maintain an adequate police force.
(36)
Police Powers. To punish and suppress vagrancy, vice, gambling
and the owning or keeping of houses of ill fame within the limits
of the city. To enforce all ordinances relating to disorderly conduct
and the suppression of nuisances within the city.
(37)
Promotion of industry. In order to encourage the location and
expansion of industry within the city limits, to acquire by gift or
purchase real or personal property and to build and erect improvements
on real property for sale or lease; and to borrow money upon the faith
and credit of the city for this purpose and to secure the same by
bond, mortgage or other security for the debt.
(38)
Property.
(a)
To acquire by conveyance, purchase or condemnation real, leasehold
property or easements needed for any public purpose; to erect structures
thereon for the benefit of the city and its inhabitants; and to sell
at public or private sale after twenty (20) days' public notice
and to convey to the purchaser or purchasers thereof any real or personal
property belonging to the city when the Council determines that the
same is no longer needed for present public use.
(b)
To take by gift, grant, bequest or devise and to hold real and
personal property absolutely or in trust for parks or gardens or for
the erection of statues, monuments, buildings or structures or for
any public use upon such terms and conditions as may be prescribed
by the grantor or donor and accepted by the city; to provide for the
proper administration of the same; and to convey the same when the
council determines that it is no longer needed for public purposes,
subject to the terms of the original grant.
(c)
To control and protect the public grounds and property of the
city and to regulate and control the use and access thereto by the
public.
(39)
Public utilities. To establish, own, control, operate, maintain
and manage public utilities within and without the city, including
docks and wharves, markets, water and sewer systems, transportation
systems, electric and nuclear power systems and steam and other heating
and power systems; and to purchase, condemn or otherwise acquire,
in fee simple or otherwise, for the purpose of establishing, owning,
controlling, operating, maintaining or managing any such utility or
utilities.
(40)
Removals and suspensions. To remove or temporarily suspend any
person who has been appointed to any municipal office, subject to
any provisions of this Charter for notice and hearing, and to fill
the vacancy caused by such removal or suspension. The Council shall
not recognize the right of municipal employees to strike against the
city, and any employee who absents himself from work because of a
strike or other dispute shall be deemed guilty of misconduct in office
and shall be subject to suspension or removal from office.
(41)
Salaries. To fix the salary or compensation of all municipal
officers and employees, subject to any limitations elsewhere set forth
in this Charter.
(42)
Seal and flag. To make, have and use and from time to time alter
a common seal. To adopt and use a city flag or banner and to alter
the same from time to time.
(43)
Sidewalks. To regulate the use, width and construction of sidewalks
and all structures on, under or above same and to require the owner
or occupant of the abutting premises to keep the sidewalks free from
snow, ice and other obstructions or impediments to safe pedestrian
use.
(44)
Streets. To open, close, widen, repair surface and light the
streets, roads, lanes, alleys and sidewalks of the city; to regulate
their use and the access thereto by vehicles and by utilities on,
above or below the surface thereof; to regulate the speed of vehicular
traffic.
(45)
Tunnels, towers and airspace. To control and regulate the construction
and use of tunnels within the city; the erection, maintenance and
lighting of towers; and the use of the airspace over the city above
height allowed for buildings; and to control and suppress the pollution
thereof.
(46)
Urban renewal. To undertake and carry out urban renewal projects
for slum clearance and the redevelopment and rehabilitation of slum
and blighted areas; and to acquire in connection with such projects,
with[2] the city limits, land and property of every kind and any
right, interest, franchise, easement or interest therein; to sell,
lease, convey, transfer or otherwise dispose of said land or property,
developed or undeveloped, to any public, quasi-public or private corporation,
firm, person or legal entity. To condemn property for this purpose
and to appropriate such funds and make such expenditures as may be
required for these purposes; and to borrow money for these purposes
and to secure the same by mortgage or bonds upon the full faith and
credit of the city.
[2]
Editor's Note: So in original. Probably should read "within."
(47)
Zoning. To provide reasonable zoning regulations for all areas
within the city and in areas hereinafter annexed.
[Amended 8-8-1978 by Res. No. 2-1978]
A.
The Council shall have the power to provide that violations of ordinances
and resolutions authorized by this Charter shall be punishable as
misdemeanors, unless specified in said ordinances as infractions,
and may affix thereto penalties of a fine not exceeding five hundred
dollars ($500.) or imprisonment for not exceeding ninety (90) days,
or both such fine and imprisonment. Any person subject to any fine,
forfeiture or penalty has the right of appeal within ten (10) days
to the Circuit Court of the county in which the fine, forfeiture or
penalty was imposed. The Council may provide that, if the violation
is of a continuing nature and is persisted in, a conviction for one
(1) violation shall not be a bar to a conviction for a continuation
of the offense subsequent to the first or any succeeding conviction.
B.
Infractions.
(1)
The 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 the purposes of this Article a municipal infraction is a civil
offense.
(2)
A fine not to exceed one hundred dollars ($100.) may be imposed for
each conviction of a municipal infraction. The fine is payable by
the offender to the municipality within twenty (20) calendar days
of receipt of a citation. Repeat offenders may be assessed a fine
not to exceed two hundred dollars ($200.) for each repeat offense,
and each day a violation continues shall constitute a separate offense.
(3)
Any person receiving a citation for an infraction may elect to stand
trial for the offense by notifying the city in writing of this intention
at least five (5) 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.
All the powers of the city shall be exercised in the manner
prescribed by this Charter or, if the manner is not prescribed, then
in such manner as may be prescribed by ordinance.
