The Council shall have the authority to create,
change or abolish offices and departments and to assign additional
functions to offices and departments, but not including the power
to create, change, abolish or discontinue any office or department
or to transfer any function of an office or department established
by this Council.
The 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; 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.
The Council shall have complete supervision
over the financial administration of the town government; it shall
have the authority to prepare an annual budget, to supervise the disbursement
of all monies and to control all expenditures so as to assure that
the budget appropriations are not exceeded.
A.
The Council shall have, in addition, the power to
pass ordinances not contrary to the laws and Constitution of this
State, 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)
Aisles. To regulate and prevent the obstruction of
aisles in public halls and places of amusement and to regulate the
construction and operation of the doors and means of egress therefrom.
(3)
Amusements. To provide in the interest of the public
welfare for licensing, regulating or restraining theatrical or other
public amusements.
(4)
Appropriations. To appropriate municipal monies for
any purpose within the powers of the Council.
(5)
Auctioneers. To regulate the sale of all kinds of
property at auction within the town and to license auctioneers.
(6)
Billboards. To license, tax and regulate, restrain
or prohibit the erection or maintenance of billboards within the city,
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.
(7)
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 and a plumbing code and to appoint a building inspector
and a plumbing inspector and 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.
(8)
Cemeteries. To regulate or prohibit the interment
of bodies within the municipality and to regulate cemeteries.
(9)
Codification. To provide for the codification of all
ordinances which have been or may hereafter be passed.
(10)
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.
(11)
Cooperative activities. To make agreements with
other municipalities, counties, districts, bureaus, commissions and
governmental authorities for the joint performance of any governmental
functions.
(12)
Curfew. To prohibit the youth of the town from
being in the streets, lanes, alleys or public places at unreasonable
hours of the night.
(13)
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.
(14)
Disorderly houses. To suppress bawdy houses,
disorderly houses and houses of ill fame.
(15)
Dogs. 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; 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; 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 officials 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; and all lawful municipal taxes; to expend municipal
funds for any public purpose; to borrow such sum or sums of money
from time to time as they shall deem advisable in such manner and
by such means as they shall in their sound discretion deem most advantageous
to the town; to have general management and control of the finances
of the town.
(20)
Fire. To suppress fires and prevent the danger
thereof and to establish and maintain a Fire Department; to contribute
funds to volunteer fire companies serving the town; to inspect buildings
for the purpose of reducing fire hazards, to issue regulations concerning
fire hazards and to forbid and prohibit the use of fire-hazardous
buildings and structures permanently or until the conditions of town
fire-hazard regulations are met; to install and maintain fireplugs
where and as necessary, and to regulate their use; and to take all
other measures necessary to control and prevent fires in the town.
(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 Article
23 of the Annotated Code of Maryland. No franchise shall be granted
for a longer period than fifty (50) years.
(22)
Gambling. To restrain and prohibit gambling.
(23)
Garbage. 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.
(24)
Grant-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 same for any lawful public purpose,
agreeably to the conditions under which the gifts or grants were made.
(25)
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 license for cause.
(26)
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.
(27)
House numbers. To regulate the numbering of
houses and lots and to compel owners to renumber the same or, in default
thereof, to authorize and require the same to be done by the town
at the owner's expense, such expense to constitute a lien upon the
property collectible as tax monies.
(28)
Jail. To establish and regulate a station house
or lockup for temporary confinement of violators of the laws and ordinances
of the town or to use the county jail for such purpose.
(29)
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 any business, occupation, trade, calling or place of amusement
or business; to establish and collect reasonable fees and charges
for all licenses and permits issued under the authority of this Charter.
(30)
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.
(31)
Lights. To provide for the lighting of the town.
(32)
Livestock. To regulate and prohibit the running
at large of cattle, horses, swine, fowl, sheep, goats, dogs or other
animals; to authorize the impounding, keeping, sale and redemption
of such animals when found in violation of the ordinance in such cases
provided.
(33)
Markets. To obtain by lease or rent, own, construct,
purchase, operate and maintain public markets within the town.
(34)
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.
(35)
Noise. To regulate or prohibit unreasonable
ringing of bells, crying of goods or sounding of whistles and horns.
(36)
Nuisances. To prevent or abate by appropriate
ordinance all nuisances in the town 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.
(37)
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.
(38)
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.
(39)
Parking meters. To install parking meters on
the streets and public places of the town in such places as they shall
by ordinance determine, and by ordinance to prescribe rates and provisions
for the use thereof, except that the installation of parking meters
on any street road[1] maintained by the State Roads Commission of Maryland must
first be approved by the Commission.
[1]
Editor's Note: So in original. Probably should
read "street or road."
(40)
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.
(41)
Police force. To establish, operate and maintain
a police force as needed.
(42)
Police powers. To prohibit, suppress and punish
within the town all vice, gambling and games of chance; prostitution
and solicitation therefor, and the keeping of bawdy houses and houses
of ill fame; all tramps and vagrants; all disorder, disturbances,
annoyances, disorderly conduct, obscenity, public profanity and drunkenness.
(43)
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; and to convey any real or leasehold property when no
longer needed for the public use, after having given at least twenty
(20) days' public notice of the proposed conveyance; to control, protect
and maintain public buildings, grounds and property of the town.
(44)
Regulations. To adopt by ordinance and enforce
within the corporate limits police, health, sanitary, fire, building,
plumbing, traffic, speed, parking and other similar regulations not
in conflict with the laws of the State of Maryland or with this Charter.
(45)
Sidewalks. To regulate or prevent the throwing
or depositing of sweepings, dust, ashes, offal, garbage, paper, handbills,
dirty liquids or other unwholesome materials into any public way or
onto any public or private property in the town.
(46)
Taxicabs. To license, tax and regulate public
backmen, taxicab men, draymen, drivers, cabmen, porters and expressman,
and all other persons pursuing like occupations.
(47)
Vehicles. To regulate and license wagons and
other vehicles not subject to the licensing powers of the State of
Maryland.
(48)
Voting machines. To purchase, lease, borrow,
install and maintain voting machines for use in town elections.
(49)
Zoning. 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.
B.
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 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.
To insure the observance of the ordinances of
the town, the Council shall have the power to provide that violation
thereof shall be a misdemeanor and shall have the power to 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
by virtue of any ordinance passed under the authority of this Charter
shall have the right of appeal within ten (10) days to the Circuit
Court of Wicomico County. The Council may provide that, where the
violation is of a continuing nature and is persisted in, a conviction
for one violation shall not be a bar to a conviction for a continuation
of the offense subsequent to the first or any succeeding conviction.