[HISTORY: Adopted as Chapter 548 of the Acts of 1937. Amendments
noted where applicable. (Note: The Charter sections are numbered in
accordance with the original numbering convention of Chapter 548 of
the Acts of 1937, as restored by the Commissioners 6-4-2001 by Res. No.
2001-R-2.)]
The inhabitants of the Town of Ridgely, in Caroline County,
are hereby created a body corporate, by the name of the Commissioners
of Ridgely, with all the powers and privileges of a body politic and
corporate, and by said corporate name shall have perpetual succession,
may sue and be sued, shall have and use a common seal, which may be
altered at pleasure, and shall have all the rights incident to or
that may attach to a municipal corporation, and shall have and possess
all the rights, powers, property and duties vested in and devolving
upon the Commissioners of Ridgely, a body politic, and corporate,
as the same now is constituted, except as the same may be changed
by this Act.
[1]
Note: Chapter 211 of the Acts of 1933 authorized Ridgely to
borrow $25,000 for refunding bonds. Chapter 464 of the Acts of 1937
repealed the Act of 1933 and authorized the town to borrow $35,000
for refunding bonds. Chapter 88 of the Acts of 1947 repealed the Act
of 1937 and authorized the town to borrow $50,000 for refunding bonds.
Chapter 519 of the Acts of 1943 concerned the collection of personal
property taxes on motor vehicles in Ridgely.
A.
The
limits of said town shall include all the land and territory contained
and embraced within the following boundaries, to wit:
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Beginning at a point where the center of Central Avenue intersects
the center of Pennsylvania Railroad tracks and running with the center
of said tracks in a northeasterly direction one-half mile to point
in center of said tracks, which said point shall be the beginning
for the outlines of said corporation; and from thence in a northerly
direction on a line parallel with said Central Avenue one-half mile;
thence in a southwesterly direction at right angles with line No.
1, and parallel with first mile of said railroad one and one-fourth
miles; thence in a southerly direction at right angles with line No.
2 and parallel with Central Avenue forty-eight hundred and seventy-five
feet; thence in a northeasterly direction at right angles with line
No. 3 and parallel with line No. 2 one and one-fourth miles; thence
in a northerly direction at right angles with line No. 4 and parallel
with said Central Avenue twenty-two hundred and thirty-five feet;
to center of said railroad, the place of beginning for the outlines.
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B.
1987
Annexation. All that piece or parcel of land, situate, lying and being
in the Seventh Election District of Caroline County, Maryland, and
more fully described as follows:
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Beginning for the same at a Point where the center of Central
Avenue intersects the southern boundary line of the Town of Ridgely,
said Point bears South 17 degrees 20 minutes 50 seconds East 2235.00
feet from a Point where the center of Central Avenue intersects the
center of the now or formerly Pennsylvania Railroad Tracks; and from
said Place of Beginning running by and with the Town of Ridgely boundary
(1) North 72 degrees 39 minutes 10 seconds East 1343.13 feet to a
concrete Monument set and the land of the Ridgely Cemetery Association,
Inc., (Liber 201, folio 663); thence by and with the said Ridgely
Cemetery Association, Inc., land the following two courses and distances
(2) South 34 degrees 29 minutes 50 seconds East 1006.16 feet to a
concrete Monument found; thence (3) continuing South 34 degrees 29
minutes 50 seconds East 20.57 feet to a Point; thence by and with
the land of Ridgely Cemetery Association, Inc., and the land of Herman
Callahan, Jr., et al., (Liber 160, folio 15) (4) North 55 degrees
30 minutes 10 seconds East 736.01 feet to a Concrete Monument set
and the land of J. Thomas Ober and Joyce K. Ober (Liber 151, folio
558); thence generally with a ditch and generally with the aforementioned
Ober land the following six courses and distances (5) North 88 degrees
55 minutes 05 seconds East 172.88 feet; thence (6) South 24 degrees
29 minutes 15 seconds East 53.59 feet; thence (7) South 76 degrees
09 minutes 08 seconds East 201.24 feet; thence (8) North 81 degrees
02 minutes 43 seconds 125.89 feet; thence (9) South 69 degrees 56
minutes 03 seconds East 124.81 feet; thence (10) South 23 degrees
09 minutes 10 seconds East 147.25 feet to a point and the land of
J. Thomas Ober, Jr. and Dianne W. Ober (Liber 216, folio 658); thence
by and with the said Ober land the following two courses and distances
(11) South 54 degrees 17 minutes 15 seconds West 3.00 feet to a Stone
found; thence (12) continuing South 54 degrees 17 minutes 15 seconds
West 1336.51 feet to a Stone found and the land of Jesse Stanford
and Beatrice Stanford (Liber 119, folio 81); thence by and with the
said Stanford land (13) North 35 degrees 27 minutes 45 seconds West
452.24 feet to a Concrete Monument set; thence continuing to run by
and with the said Stanford land and the land of the Ridgely Colored
Camp Ground (14) South 60 degrees 43 minutes 30 seconds West 1572.09
feet to a Concrete Monument set on the west side of Central Avenue
Extended; thence by and with the west side of Central Avenue Extended
(15) North 17 degrees 31 minutes 30 seconds West 1527.53 feet to a
Point on the south boundary of the Town of Ridgely; thence by and
with the south boundary of the Town of Ridgely (16) North 72 degrees
39 minutes 10 seconds East 22.29 feet to the Place of Beginning, containing
64.567 Acres of land more or less.
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The above-described property being land described in a deed
to Howard Strannahan, et ux, dated 7-30-86 and recorded in Liber 227,
folio 69, a Land Record Book for Caroline County, and land described
in a deed by the Commissioners of Ridgely dated 3-30-67 and recorded
in Liber 147, folio 448, a Land Record Book for Caroline County, the
properties being commonly known as the Royadon Strannahan Farm and
the old Ridgely landfill. (Res. 5-4-1987.)
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The government, corporate authority, rights, powers and privileges
of the said town shall be vested in and exercised by a board composed
of three members, which board shall be known as Commissioners of Ridgely,
who shall be elected as hereinafter provided; provided, however, that
the present Commissioners or Members of the Commissioners of Ridgely,
to wit, Ronald R. Lane, Roger R. Ringgold and J. Mulford Swing shall
each be and remain members of the said board, or be and remain Commissioners
of Ridgely, for the duration of their respective terms of office for
which they have already been elected, in the same manner and to the
same extent as though this Act had not been passed.
(A)
Elections. On the fourth Monday of April in every year, beginning
1937, an election under this Charter shall be held between such hours
as the Commissioners shall provide by ordinance, for the purpose of
electing one Commissioner at each such annual election, who shall
hold office for a term of three years or until his/her successor takes
office.
(B)
Vacancies. If a vacancy should occur in the office of any of the
three Commissioners between the annual elections therefor, then and
in that event, at the next annual election following the occurrence
of such vacancy or vacancies, there shall be one Commissioner elected
for three years, as well as Commissioners elected to the unexpired
portion of the term of any Commissioner or Commissioners in whose
office such aforesaid vacancy has occurred. If there is one vacancy,
then the person receiving the highest number of votes shall be elected
for the term of three years, and the person receiving the next highest
number of votes shall be elected to fill the unexpired portion of
the term of the office made vacant, as aforesaid. If there are two
vacancies, then the person receiving the highest number of votes shall
be elected for the term of three years, the person receiving the next
highest number of votes shall be elected to fill the unexpired portion
of the term of the office made vacant which has the longest duration
from the date of such election, and the person receiving the next
highest number of votes shall be elected to fill the unexpired portion
of the term of the office made vacant which has the next longest duration
from the date of such election.
(C)
President of the Commissioners. The Commissioner who is in the third
year of his/her current term shall become the President of the Commissioners
at the Commissioners' meeting on the first Monday in May and
shall serve as the President until the Commissioners' meeting
on the first Monday in May in the next upcoming year. In the event
no Commissioner is in the third year of his/her current term at such
meeting, then the Commissioner who is in the second year of his/her
current term shall become President of the Commissioners as aforesaid.
In the event no Commissioner is in the second or third year of his/her
current term at such meeting, then the Commissioners shall appoint
the President of the Commissioners by majority vote at such meeting.
(D)
Qualifications for Commissioner. No person shall be eligible to become
a candidate for election as a Commissioner of Ridgely unless he/she
shall have attained the age of 25 years, and shall have resided within
the said Town at least one year prior to the date of his or her election,
and shall be qualified to vote in accordance with the provisions of
this Charter. (12-6-2010 by Res. No. 2010-1; 2-5-2018 by Res. No.
2018-01)
(A)
Notice. The Commissioners of Ridgely shall cause a notice of the
time and place of each annual election to be given by publication
in at least one newspaper of general circulation in Caroline County
and posted in two conspicuous places in the Town of Ridgely for at
least seven days before any election.
(B)
Voter Qualifications. Every person who (1) is a citizen of the United
States of America; (2) is at least eighteen years of age; (3) has
resided within the corporate limits of the Town for at least six months
prior to the next Town election; (4) has resided within the State
of Maryland for at least one year prior to the next Town election;
and (5) has registered to vote in accordance with the provisions of
this Charter at least thirty days prior to the next Town election
shall be entitled to vote at all Town elections.
(C)
Certificate of Candidacy. Any person desiring to become a candidate
for the office of Commissioner of Ridgely shall file with the Clerk-Treasurer
a written certificate of such candidacy on a form which the Commissioners
shall prescribe by ordinance. The certificate of candidacy must be
filed with the Clerk-Treasurer no later than the close of business
on the first Monday in April.
(D)
Ballots; procedure. Immediately upon the expiration of the time for
filing certificates of candidacy by the respective candidates, the
Clerk-Treasurer shall cause to be published in at least one newspaper
of general circulation in Caroline County, and posted in two conspicuous
places in the Town of Ridgely, the names of all candidates as they
are to appear upon the official ballot. The Clerk-Treasurer shall
cause the official ballots to be printed on plain white paper of uniform
size and to be delivered to the Judges of Election, and to no other
person. On the ballots shall appear the name or names of all the candidates
for Commissioner or Commissioners of Ridgely arranged alphabetically
and, immediately following, the words "For Commissioner of Ridgely:,"
shall be printed on the ballot. Preceding the names of the candidates
shall be plainly printed in black ink a direction to the voters: "Vote
for one (or two or three as the case may be) by making a cross (X)
mark in that square which is opposite the name of the candidate to
be voted for," and a black line shall be printed immediately under
the name of each candidate extending to a square opposite the name
of each candidate. Following the names of the candidates, the following
words shall be printed on the ballot: "Write-in candidates will not
be considered."
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At least three days prior to the holding of the election, the
President of the Commissioners of Ridgely shall appoint three qualified
voters of the Town of Ridgely to act as Judges. Before the Judges
of election open an election, the Judges shall appear before a notary
public for Caroline County and take an oath "that each will faithfully
and impartially permit every person to vote at such election who shall
be duly qualified, and that each will not suffer any person to vote
at such election who shall not be legally qualified to vote". In a
case of failure of any person or persons so appointed to appear and
qualify, the President shall issue a certificate to one or more persons
to act as a Judge or Judges. These persons shall qualify as above.
Immediately after such election the Judges shall return to the Clerk-Treasurer
under their hands the number of votes cast and for whom cast. The
Clerk-Treasurer shall file the same at once and issue certificates
of election to the person or persons receiving the largest number
of votes for their respective offices, in accordance with the aforesaid
provisions of this Charter.
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(E)
Registration. Provided that persons meet the voter qualifications
enumerated in this Charter, registration to vote by the Caroline County
Board of Elections and/or the State Board of Elections shall be deemed
registration for Town elections and the Clerk-Treasurer shall accept
the list of registered voters provided by the Caroline County Board
of Elections and/or the State Board of Elections as a valid registration
list for the Town. County voter registration forms shall be made available
at the Town Office during normal business hours. The Town shall maintain
a supplemental registration list for voters who choose not to register
with the County. The Commissioners, by ordinance, shall enact and
enforce any provisions necessary to establish and maintain a system
of permanent supplemental registration and provide for re-registration
when necessary. The Clerk-Treasurer shall keep the supplemental registration
lists up to date by striking from the lists any persons who have died,
moved out of the Town, or not voted in a Town election within the
preceding five calendar years.
(F)
Absentee ballots. Any qualified voter of the Town is entitled to
vote in any Town election by absentee ballot. Requests to vote by
absentee ballot must be qualified in accordance with State law and
must be received by the Clerk-Treasurer at least fifteen days prior
to any Town election. The Clerk-Treasurer shall mail absentee ballots
to qualified voters, at the request of those voters, not less than
ten days prior to the election. Completed absentee ballots must be
returned to the Clerk-Treasurer no later than the close of the polls
on election day. (Res. 3-25-1986; 12/6/2010 by Res. No. 2010-2; 2-5-2018
by Res. No. 2018-01)
(A)
Uncontested elections. If only one person files a certificate of
candidacy for an election in which there is only one vacancy, then
the Clerk-Treasurer shall certify that the election is uncontested,
in which case the election shall be canceled and that person shall
assume the office of Commissioner upon taking the oath of office on
the first Monday in May in accordance with the provisions of this
Charter.
(B)
In the event that no person shall file any certificate for candidacy
for Commissioner to be elected hereunder within the time limited for
the filing of certificates of candidacy, as aforesaid, then and in
that event no election shall be held, and the Commissioner whose term
is expiring shall automatically retain his/her office for another
term; provided, however, that if such Commissioner shall refuse to
serve for another term, that, then his/her office shall be deemed
vacated and the remaining Commissioners shall fill the vacancy in
accordance with the provisions of this Charter. (2-5-2018 by Res.
No. 2018-01)
If at any election for Commissioners of Ridgely there shall
be a tie vote between any candidates for the same office, such tie
vote shall be determined by lot to be drawn by the two or more tying
candidates, which shall be conducted under the auspices and authority
of the Judges of Election at which such tie vote was cast, and provided
further that such drawing shall be held by the said Judges publicly
immediately or as soon as practical after the said election at which
such tie vote was cast.
If any vacancy shall occur in any of the offices of Commissioners
of Ridgely by death, resignation, failure to qualify, removal of the
residence of the elected Commissioner from the corporate limits of
said town, or for any other reason or reasons, the remaining Commissioners
at their next regular meeting shall elect a suitable person or persons,
as the case may be, to serve in the place of the Commissioner or Commissioners,
whose office or offices have become so vacated, until the next annual
election, and the person or persons so appointed shall subscribe to
the oath the same as a regularly elected Commissioner, and such oath
shall be certified to and recorded as provided in the following section
and provided further that if the Commissioners shall be unable to
agree on a suitable person to fill such vacancy, the appointment shall
be made by the President of the Commissioners.
Any person elected as Commissioner of Ridgely shall, before
he/she enters upon the discharge of his/her office, make oath before
a justice of the peace or a notary public of Caroline County "that
he/she will diligently and faithfully, without favor, partiality or
prejudice, perform the duties of such Commissioner of Ridgely", and
a certificate showing the taking of the said oath shall be returned
by the said justice of peace or notary public and filed and recorded
among the proceedings of the said Commissioners of Ridgely. (2-5-2018
by Res. No. 2018-01)
The Commissioners of Ridgely shall meet the first Monday of
May following each annual election and the tenure and duration of
their office shall be for a term of three years from the said first
Monday of May following their election, unless such term of office
shall be the filling of an unexpired term, in which event it shall
be for the time heretofore provided for. The said Commissioners of
Ridgely shall hold regular meetings on the first Monday of each and
every month thereafter, and may meet as much oftener as the Commissioners
of Ridgely may deem necessary to the proper discharge of their official
duties. The President of the Commissioners of Ridgely shall preside
at its meetings and every ordinance passed by the Commissioners of
Ridgely must be signed by the President, or by two Commissioners,
and be recorded in the ordinance record book kept by the Clerk of
the Commissioners before the same shall be in force. The Commissioners
may elect one of their number as President pro tempore, who shall
in the absence or inability of the President preside at the sessions,
who for the time being shall be acting President and have all the
authority in law of the President. Special meetings of the Commissioners
of Ridgely may be at any time convened by the President, or at the
request of two members of that body. The President of the Commissioners
of Ridgely shall be the executive officer thereof, clothed with all
the powers necessary to secure the enforcement of all ordinances of
said town under this Charter. At all meetings of the Commissioners
of Ridgely two of the Commissioners of Ridgely present and voting
shall constitute a quorum for the transaction of business, and two
affirmative votes shall be necessary for the passage of an ordinance,
law or resolution at all times. Upon every vote the ayes and nays
shall be called and recorded.
At the first regular meeting of the Commissioners of Ridgely
on the first Monday of May in each year, the Commissioners of Ridgely
shall appoint one person who shall not be a member of the Commissioners
of Ridgely, to act as Clerk to the Commissioners of Ridgely, Collector
of Town Taxes and Treasurer, who shall be the same person, and whose
term of office shall be for one year and until A successor is duly
qualified. The Clerk shall receive such salary and compensation as
may be fixed by the Commissioners of Ridgely, and shall perform all
the duties imposed on the Clerk by ordinance of the Commissioners
of Ridgely and by law, and shall be called "Clerk-Treasurer of Ridgely".
(4-3-2000 by Res. No. 2000-R-2)
The said Clerk of Ridgely shall keep a full and accurate account
of the proceedings of the Commissioners of Ridgely in suitable book
of [or] books, and he shall keep the assessment books of said town
with the names of the owners of property arranged alphabetically,
and he shall keep a full and fair account of all money received by
him and of all money paid out showing from whom or what source it
was received and for what and to whom it was paid out, and he shall
keep on deposit in some bank or banks of Caroline County to be designated
by the Commissioners of Ridgely to the credit of the Commissioners
of Ridgely all money received or collected by him for taxes or from
any other source belonging to the said corporation, and said money
to be paid out on checks signed by the Clerk and countersigned by
the President of the Commissioners of Ridgely, or in the absence of
such President of the Commissioners of Ridgely to be countersigned
by the President pro tempore of the Commissioners of Ridgely, and
shall be drawn only for such debts or purposes as may have been authorized
or designated by the Commissioners, and the said Clerk of Ridgely
shall make a full and complete report to the Commissioners of Ridgely
at the regular meeting on the first Monday of each and every month
containing a full and complete statement of the financial condition
of said town.
The Clerk of Ridgely, if required to do so by an affirmative
vote of a majority of the Commissioners of Ridgely, shall before entering
upon the duties of his office execute and deliver to the Commissioners
of Ridgely a bond with corporate or personal surety to approved[1] by the said Commissioners of Ridgely, and in such penalty
as the Commissioners of Ridgely shall prescribe, conditioned for the
faithful performances of the duties of the Clerk of the town of Ridgely,
and that he will well and faithfully receive, account for and disburse
all moneys placed in his hands or received by him for the use of the
said town, and shall well and truly pay over to his successor in office
or to the order of the Commissioners of Ridgely all said moneys and
shall perform all other duties of his office according to law and
the ordinances of the Commissioners of Ridgely.
[1]
Note: So in original.
All real property and all tangible personal property within
the corporate limits of the Town, or personal property which may have
a situs there by reason of the residence of the owner therein, is
subject to taxation for municipal purposes, and the assessment used
shall be the same as that for State and county taxes. No authority
is given by this section to impose taxes on any property which is
exempt from taxation by any act of the General Assembly. (Res. 2-4-1980;
12-6-2010 by Res. No. 2010-3)
From the effective date of the budget, the amount stated therein
as the amount to be raised by the property tax constitutes a determination
of the amount of the tax levy in the corresponding tax year. (12-6-2010
by Res. No. 2010-3)
Immediately after the levy is made by the Commissioners of Ridgely
in each year, the Clerk-Treasurer shall give notice of the making
of the levy by posting a notice thereof in some public place or places
in the Town. He (or she, as the case may be) shall make out and mail
or deliver in person to each taxpayer or his agent at his last known
address a bill or account of the taxes due from him. This bill or
account shall contain a statement of the amount of real and personal
property with which the taxpayer is assessed, the rate of taxation,
the amount of taxes due, and the date on which the taxes will bear
interest. Failure to give or receive any notice required by this section
shall not relieve any taxpayer of the responsibility to pay on the
dates established by this charter all taxes levied on his property.
The Commissioners may enter into an arrangement with Caroline County
Maryland by which the County will prepare and mail the tax bill. (12-6-2010
by Res. No. 2010-3)
The taxes provided for in Section 706[1] of this charter are due and payable on the first day of July in the year for which they are levied and are overdue and in arrears on the first day of the following October. They shall bear interest while in arrears at the rate of 0.5% for each month or fraction of a month until paid. All taxes not paid and in arrears after the first day of the following January shall be collected as provided in Section 18. (12-6-2010 by Res. No. 2010-3)
[1]
Editor’s Note: So in original.
A list of all property on which the Town taxes have not been
paid and which are in arrears as provided by Section 17 of this charter
shall be turned over by the Clerk-Treasurer to the official of the
Caroline County responsible for the sale of tax-delinquent property
as provided in State law. All property listed thereon, if necessary,
shall be sold for taxes in the manner prescribed by State law. (12-6-2010
by Res. No. 2010-3)
(A)
No ordinance
shall be passed at the meeting at which it is introduced. At any regular
or special meeting of the Commissioners of Ridgely held not less than
six nor more than 60 days after the meeting at which an ordinance
was introduced, it shall be passed, or passed as amended, or rejected,
or its consideration deferred to some specified future date.
(B)
In cases
of emergency, the provision that an ordinance may not be passed at
the meeting at which it is introduced may be suspended by the affirmative
votes of two members of the Commissioners of Ridgely.
(C)
Every
ordinance, unless it be passed as an emergency ordinance, shall become
effective at the expiration of 20 calendar days following its passage,
unless a petition for referendum shall have been filed prior to the
expiration of such 20 days following its passage. An emergency ordinance
shall become effective on the date specified in the ordinance and
shall not be such[1] to referendum. (12-6-2010 by Res. No. 2010-3; 12-6-2010
by Res. No. 2010-4)
[1]
Editor’s Note: So in original.
(A)
At any
time within the twenty-day period following the date of final enactment
of an ordinance, a number of people equal to 25% of the qualified
voters of the Town, as determined in accordance with the provision
of the Maryland Code relating to municipal registration, may petition,
in writing, for a referendum on the ordinance. Upon presentation of
the petition to the Clerk-Treasurer of the Town, the Clerk-Treasurer
shall cause a written verification of the signatures thereon and shall
ascertain that the persons signing the petition represent at least
20% of the qualified voters of the Town. Upon verifying that the requirements
of this Section have been complied with, the Town Clerk-Treasurer
shall by proclamation suspend the effectiveness of the ordinance,
contingent upon the results of the referendum.
(B)
The Clerk-Treasurer
shall set a date for the referendum on the ordinance, which shall
be not less than 15 days and nor[1] more than 90 days from the publication of notices therefor.
Such notices shall be published twice at not less than weekly intervals
in a newspaper or newspaper[2] of general circulation in the Town of Ridgely. The notices
shall specific[3] the time and place or places at which the referendum will
be held, such place or places to be within the corporate limits of
the Town of Ridgely.
(C)
On the
date and at the places specified, the ordinance for which a referendum
shall have been petitioned shall be submitted to a referendum election
of the qualified voters. The ballots or voting machines, as the case
may be, shall contain a summary of the resolution, with suitable provisions
for the vote to indicate a choice for or against it.
(D)
If a
majority of the persons voting on the question in that reference[4] shall vote in favor of the proposed ordinance, the ordinance
shall become effective as proposed on the fourteenth day following
the referendum vote, otherwise the ordinance shall be null, void and
of no effect. (12-6-2010 by Res. No. 2010-3; 12-6-2010 by Res. No.
2010-5)
[4]
Editor’s Note: So in original.
(A)
The holder
of the office of Commissioner may be removed by the qualified voters
Ridgely[1] by recall petition in accordance with Paragraph (B) of
this section subject to the following limitations:
(1)
The
officer has held office for at least six months;
(2)
Only
one recall petition may be filed during such Commissioner’s
Term of Office;
(3)
The
recalled officer may not be a candidate to succeed himself at a special
election held to fill the vacancy created by his or her recall, nor
may he or she be appointed by the appointing authority to fill the
vacancy.
[1]
Editor’s Note: So in original.
(B)
A petition
signed by voters entitled to vote for a successor to the incumbent
sought to be removed, equal in number to at least 25% of the total
number of registered voters of Ridgely who are qualified to vote in
municipal elections under the Election Article of the Maryland Code,
demanding the recall of a person from elective office shall be filed
with the Clerk-Treasurer. The signatures to the petition need not
all be appended to one paper, but each signer shall add to his signature
his place of residence, giving the street and number and the date
signed. Such petition for recall shall be filed with the appropriate
county clerk or election authority within 60 days after the date of
the earliest signature on the petition. One of the signers of each
such paper shall make oath before an officer competent to administer
oaths that each signature to the paper appended is the genuine signature
of the person whose name it purports to be. (12-6-2010 by Res. No.
2010-3; 12-6-2010 by Res. No. 2010-6)
[1]
Editor’s Note: Former Section 22, Same; fees, was repealed
12-6-2010 by Res. No. 2010-3.
The Commissioners of Ridgely on the first Monday of May, 1937,
and on the first Monday of each and every year thereafter, shall appoint
as many police officers as they desire, and each such appointee shall
hold office until a successor is appointed, confirmed and qualified,
and the duties and compensation for each such appointee shall be such
as are prescribed by law, ordinance or resolution of the Commissioners
of Ridgely from time to time, and who shall within the town limits
of said town, have all the police powers of constables of the State
of Maryland, and it shall be their duty to enforce the by-laws and
ordinances of the Commissioners of Ridgely and the laws of the State
of Maryland in relation to crimes and misdemeanors committed within
the limits of said town, and the regular police before entering upon
the duties of office, as the case may be, shall each take and subscribe
before the Town Clerk of Ridgely an oath to well and faithfully, without
partiality or prejudice, perform the duties of office in all things
according to the laws of the State and the ordinances of the Commissioners
of Ridgely, and to enforce said laws and said ordinances to the best
of his ability, and the police so appointed may, in the discretion
of the Commissioners of Ridgely, be required to give bond with corporate
or personal surety and in such penalty as shall be prescribed by ordinance,
and said bond to be approved by the Commissioners of Ridgely. (Res.
2-3-1997)
[1]
Note: See Article 41, Title 4, Annotated Code of Maryland.
The Commissioners of Ridgely may appoint special policemen with
all the powers of the regular policemen for a term of not exceeding
sixty (60) days whenever the exigency of the occasion requires it,
and their duties and powers shall be the same as those of the regular
policemen.
The policemen who shall be duly appointed pursuant to the provisions
of this Charter shall have the same fees for making arrests for the
infractions of the laws of the State of Maryland and the ordinances
of the Commissioners of Ridgely as are now or may hereafter be allowed
by law to constables in criminal cases, said allowances of fees, however,
to be subject to qualification by resolution by the Commissioners
of Ridgely as they may from time to time deem proper.
The Commissioners of Ridgely may appoint one person who must
be a regular physician in good standing as a health officer; one person
as a building inspector; one person as a town engineer; one person
as a street commissioner and one person who shall be a member of the
Bar of the Circuit Court for Caroline County as town attorney, and
the duties, compensation and terms of all which officials so appointed
hereunder shall be such as are prescribed by law and by ordinance
or resolution of the Commissioners of Ridgely, and the Commissioners
of Ridgely may also by ordinance provide for the appointments of such
other officers or employees of said town as it may be deemed necessary
for the interest of said town from time to time and to prescribe the
terms, compensation and duties of such other additional officers and
employees.
Upon complaint in writing, filed with the Commissioners of Ridgely,
after notice to the party complained of informing him of what he is
charged and to appear and defend himself first having been given him
in writing at least five days before the time appointed for the hearing,
and if the Commissioners in their discretion find any of the officers
or employees of said town to be guilty of misconduct unbecoming an
officer, willful disobedience, neglect of duty, misfeasance or malfeasance
in office, such officer or employee may in the discretion of the Commissioners
of Ridgely be removed at once from his office by a majority vote of
the Commissioners of Ridgely, and his office shall be declared vacant,
and the Commissioners of Ridgely shall as soon as convenient thereafter
appoint another person to fill such office so vacated for the unexpired
term, and immediately after such appointment the new employee shall
qualify in the same manner as heretofore provided, and the new officer
or employee shall have the same powers and duties as if he had been
appointed in the first place, and serve out the term of the removed
officer.
[1]
Note: See Article 23A, § 2(b)(25), Annotated Code
of Maryland.
In the event that a vacancy shall occur in any office created
under this Charter or which shall be created by the Commissioners
of Ridgely pursuant to the power conferred in this Charter by death,
removal, resignation, failure to qualify or otherwise, the Commissioners
of Ridgely shall as soon as convenient thereafter appoint another
person to fill said office so vacated for the unexpired term, and
[such person] shall have the same powers and duties as if he or she
had been appointed in the first place and serve out the balance of
said term.
All fines imposed and collected for the violation of the ordinances
of the Commissioners of Ridgely shall be paid to the Clerk of Ridgely
after deducting therefrom the costs.
The Commissioners of Ridgely shall have the power to pass ordinances
and make by-laws providing for the construction, extension, maintenance
and operation of sanitary sewerage, storm water, drainage and water
systems, and to assess the costs and expense thereof in whole or in
part upon the owner or owners of property abutting upon the pipe lines
of any such sanitary sewerage, storm water, drainage or water systems
which costs and expenses for said improvements shall be a lien upon
the abutting property and shall be collectible in the same manner
as other town taxes are now collectible in the town of Ridgely as
prescribed by law.
The Commissioners of Ridgely shall have the power to pass ordinances
and make by-laws providing for the construction of any system of sewers
and sewage disposal works in accordance with any plan now or that
may hereafter from time to time be adopted as may seem to them necessary
to meet the requirements of the town and to protect the health of
their citizens; and the said Commissioners of Ridgely are hereby authorized
and empowered to enter upon and condemn all lands necessary for the
installation, construction and operation of any system of sewers and
sewage disposal works, sanitary sewage, storm water drainage of [or]
water systems, which condemnation shall be had in the same manner
as is now provided by law for the opening of the streets of the town
of Ridgely.
The Commissioners of Ridgely are hereby authorized and empowered
to make all necessary rules and regulations, and to pass all ordinances
and by-laws in their judgment necessary for governing the use of any
sanitary sewage, storm water drainage and water systems or system
of sewers and disposal works, and to provide rules and regulations
regarding the plumbing within or without buildings to be connected
with any of the said systems, and to license and have supervision
over all persons undertaking to do plumbing work within the corporate
limits of Ridgely, and, provided further, that the said Commissioners
of Ridgely shall have the power to pass ordinances and make by-laws
providing for the fees or rates, rents and charges for the use and
service of sewerage, drainage and water supply systems, which rates,
rents and charges are hereby declared to be and made liens upon the
property used or served by such coverage, drainage and water supply
systems until paid, and that the same shall be collectible as other
municipal or town taxes are now collectible in the town of Ridgely
as prescribed by law.
(a)
Enumerated. The Commissioners of Ridgely shall have the power to
pass ordinances and to make by-laws, to establish grades for the streets,
gutters and sidewalks of said town and the width thereof, and prescribe
the material of which they shall be built; to cause the sidewalks
along the said public streets and the road beds of all the public
streets to be graded, curbed, paved and repaved or improved, and to
assess the costs and expense thereof in whole or in part upon the
owner or owners of the abutting property, which costs and expenses
for said improvements shall be a lien upon the abutting property and
shall be collectible in the same manner as other town taxes are now
collectible in the town of Ridgely as prescribed by law, or compel
by fines or otherwise the owner or owners of any such lot to grade,
pave, repave and curb the sidewalks in front thereof; and may provide
by ordinance for condemning, laying out, opening, extending and making
new streets or alleys, and for altering, straightening, widening,
grading, improving or closing up in whole or in part any existing
street or alley, and for removing trees, posts and other obstructions
therefrom, and for laying out public squares, parks, playgrounds,
drains, sewer, water-courses; and all benefits or damages done, suffered
or incurred by laying out, opening, and making of new streets or alleys,
or by altering, straightening, widening, grading, improving or closing
up in whole or in part any existing street or alley or laying out
public squares, parks, playgrounds, drains, sewer and water-courses
shall be determined and assessed by three disinterested persons, or
a majority of them, residents of said town, appointed by the Commissioners
of Ridgely, who shall within ten days after notification of their
appointment, take an oath before a justice of the peace of Caroline
County or any notary public, that they will faithfully and fairly
and without partiality or prejudice, value and assess the loss and
damage to be suffered and incurred by any person or persons interested
in said property over, through and by which the said street or alley,
square, park, playground, drain, sewer or water-course is to be opened,
closed, extended, widened, graded or improved, and also to estimate
the benefits that may accrue therefrom to any such property over,
through and by which the said street or alley, square, park, playground,
drain, sewer or water-course is to be opened, closed, extended, widened,
graded, or improved or any property adjacent thereto, or any other
property injured or benefited by said street, alley, square, park,
playground, drain, sewer or water-course; they shall give at least
ten days' notice in one or more newspapers published in Caroline
County and also by written or printed notice mailed to the last known
postoffice address of the owner or owners of said property, of their
purposes to lay out, open, extend, close up, widen, straighten, grade
or improve the street or alley, or square, park, playground, drain,
sewer or water-course so directed to be laid out, opened, extended,
closed up, widened, straightened, graded or improved, and the day,
hour and place of the meeting for the said purposes; and they shall
meet at the time and place mentioned in said notice given by them,
and proceed to exercise the power to perform the duties assigned to
and required of them, and to ascertain whether any and what amount
in value of damages will be caused thereby, for which the owner or
occupant of any right or interest in any ground or improvement ought
to be compensated over and above the amount in value of benefit which
will thereby accrue to such owner or occupant thereof, and ascertain
what amount in value of benefit will thereby accrue to any lot or
parcel of land by or through which the same may pass or improvements
be made, or any other property, or to the owner or occupant thereof,
which the said lot or parcel of land, or the owner or occupant thereof
ought to pay.
(b)
Boundaries and maps; appeals. They shall locate boundaries and prepare
an explanatory map, giving description of the street or alley opened,
closed, extended, widened, straightened or improved, with each separate
lot or parcel of land deemed to have sustained damages or received
benefits, and they shall within twenty days return to the Commissioners
of Ridgely such map, together with the amount of damages awarded to
such owner or occupants and the amount of benefits assessed to any
lot or parcel of ground, or the owners thereof together with a certificate
of their qualifications, which may be ratified, or rejected or altered
and amended, in whole or in part by said Commissioners of Ridgely;
provided that the Commissioners of Ridgely shall give at least ten
days' notice by publication in one of the newspapers published
in said county and at least ten days' notice mailed to the last
known postoffice address of the owner or owners of said property so
interested of the time set for final action on the return of said
assessors, and said Commissioners of Ridgely shall act on said return
within twenty days after the expiration of said notice, and may issue
a new commission as in their judgment may seem proper, and before
actually proceeding to open, widen, extend, straighten or close any
such street or alley the Commissioners of Ridgely shall pay or tender
to the person, his agent, guardian or representative the amount of
damages so awarded; and if any one shall feel aggrieved by the decision
of the Commissioners of Ridgely, in any matter affected by their decision,
he may appeal to the Circuit Court for Caroline County, by giving
written notice within twenty days from said decision, filed with the
Clerk of Ridgely, of his desire to appeal; and on the filing of the
said notice it shall be the duty of the said Clerk to deliver the
papers connected wherewith to the Clerk of said Court, and the same
proceedings shall be had on appeal as in the case of appeals from
judgments of Justices of the Peace; provided, nevertheless, that the
Commissioners of Ridgely may decline to open, lay out, extend, wide[n],
grade or straighten any street, alley, or highway, or any square,
park, playground, waterway, sewer or drain, notwithstanding the decision
of the said Court; but in case of refusal so to do they shall be liable
for all costs incurred, and shall pay the same, [. A] all benefits
assessed by virtue of the above provisions shall be liens of the respective
lots or parcels of ground on which they are assessed from the time
of the final ratification of the aforesaid return, and shall be collected
as taxes are collected, or may be collected by action at law. On appeal
the Court or the Jury may alter the award so returned, whether damages
or benefits, and award costs in its discretion.
(c)
Final report. On final ratification of any report of the assessors
appointed under the provisions of this section, the Clerk of Ridgely
shall at once record in a book kept for that purpose the said [re]turn,
plat and all proceedings connected therewith. And if, for any reason,
the person to whom damages are awarded refused to receive the damages
assessed, or from infancy or any other cause are prevented from receiving
and receipting for same, the damages so assessed shall be deposited
in some bank of Caroline County, paying interest on deposits, if any,
to the credit of the person entitled to such damages, and thereupon
the Commissioners of Ridgely may proceed in the same way as if said
damages had been paid to the person or persons themselves.
The Commissioners of Ridgely may acquire by condemnation proceedings
as prescribed by Sections 331 to 337, inclusive, of Article 23 of
the Annotated Code of Public General Laws of Maryland,[2] any private road or roads whatsoever, or right of drainage
or sewerage or any private property for public use, whether belonging
to private individuals, partnerships or corporations, and including
any avenues, roads, lanes, thoroughfares, rights or interests, piece
or parcel of land, privileges or easements, that the Commissioners
of Ridgely may deem desirable or necessary for public purposes.
In the event the President is incapacitated from the performance
of his duties at any time on account of illness or necessary absence
from the town of Ridgely, the President pro tempore of the Council
shall as acting President be clothed with and perform all of the duties
incident to the office of President
The Commissioners of Ridgely shall have power to pass all by-laws
and ordinances not contrary to law, as they may deem necessary for
the good government of the town to preserve the health, peace and
safety and well being of the inhabitants, and the protection of property
thereof, to prevent, remove and abate all nuisances or obstructions
in or upon the streets, highways, lanes or alleys, drains or watercourses,
or in or upon any lot adjacent thereto or any other place within the
limits of said town, and to provide for imposing a fine or imprisonment
on any person causing or creating any such nuisances or obstructions;
to restrain all disorder, disturbances, annoyances, disorderly conduct
and drunkenness therein, to suppress street walkers and to prohibit
or restrain the keeping of bawdy house or houses of ill fame within
the limits of the town; to prevent firing of guns, cannons, pistols,
rifles, sling-shots, fire-crackers or other fire works or other explosives
therein; to suppress fires and prevent the dangers thereof; to provide
financial assistance to a local volunteer fire department; to make
reasonable regulations in regard to buildings to be erected in said
town, and to grant building permits for the same; to formulate a building
code and to appoint a building inspector, and to require a reasonable
fee for the issuance of building permits; to regulate and restrict
the height, number of stories and size of buildings and other structures,
the size of yards, courts and other open spaces, and the location
and use of buildings, structures and land for trade and industry,
residence or tanks, pumps or other fixtures; to establish the distances
buildings or any part thereof, fences or walls shall be erected from
inner curb of street line; to direct in what part of the town wooden
buildings shall not be erected or constructed; to prevent and regulate
the storage of gunpowder, oil or other combustible matter in such
quantities and in such places as they may deem proper; to prevent
obstructions on the streets, lanes, alleys and highways of said town;
to remove or cause to be removed houses or other structures that may
be dangerous to persons passing along or over any of the highways
of the town; to regulate, license and tax carts, wagons, carriages,
automobiles and other vehicles used in said town for transporting
goods or persons for hire; to regulate the parking of all vehicles
upon the streets and alleys of said town; to regulate the speed of
horses, wheeled vehicles, bicycles, motorcycles, automobiles, cars
and locomotives in the town limits; to regulate the erection and maintenance
of proper safety appliances by railroads at street crossings; 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
streets or highways of the town, and to issue licenses or permits
to all itinerant peddlers who may go from house to house to vend or
sell any wares or merchandise; to issue licenses to any and all persons
entering into or beginning transient business in said town for the
sale of any goods, wares or merchandise; to regulate and provide for
the issuing of licenses to all traveling persons who dispense medicines
or medical advice; to regulate and license all restaurants, barber
shops, pawnbrokers, junk dealers, fire and slaughter sales and auction
sales; to regulate and license all nine and ten pin alleys, bowling
alleys, skating rinks, pool and billiard tables, theatres, moving
picture shows, boxing and sparring matches and wrestling contests,
and also exhibitions of every kind; to provide for the restraining
of theatricals or other public amusements to [of] an immoral or indecent
nature in said town; to regulate the construction and maintenance
of exits from places of amusements and all public buildings; to prevent
gambling and games of chance; to regulate the use of sidewalks and
all structures in, under or above same, and to require the owner or
occupant of the premises to keep the sidewalks in front of same and
the gutters thereof free from snow and other obstructions, and to
prescribe the hours for cleaning same; to regulate and prevent the
throwing of sweepings, dust, ashes, offal, garbage, paper, handbills,
dirty liquids or other material into any street, alley or public place,
or on any vacant lot in said town; to prevent the erection of bill
boards and advertising signs on any vacant lot or premises in said
town, to license all open waterclosets not connected with sewer and
to prescribe rules and regulations for removing the excrement therefrom,
to regulate or suppress slaughter houses and smoke houses in said
town, and to regulate canning houses within the corporate limits,
and to enforce the provisions of all such ordinances by appropriate
penalties; to regulate, to restrain or prohibit the running at large
of horses, bulls, cows, sheep, goats, ducks, geese and chickens on
any of the streets, lanes, alleys, or highways of the said town; to
regulate all stockyards, cattle pens, hog pens and slaughter houses
within the said town, or provide for their removal from the corporate
limits thereof; to regulate or prevent the use of streets, sidewalks
and public places for signs, signposts, awnings, awning posts, posts,
horse troughs, steps, railing, entrances, rocks, posting handbills
and advertisements and display of goods, wares and merchandise; to
grant franchises and regulate the putting of sewers or drains on or
under its streets, alleys or highways and the charges for entering
same; to grant and regulate franchise to electric light companies,
power companies, gas companies, street railway companies, water companies,
telephone companies, telegraph companies, sewer or drain companies,
and any other which they deem advantageous and beneficial to said
town or the inhabitants thereof; all such franchises shall be for
a definite term of years not exceeding twenty-five years, and be renewable
at the discretion of the Commissioners of Ridgely, and shall specifically
set out the nature, right and duration of same, and no power or right
not expressed in the franchise or grant shall pass thereunder; to
establish and maintain public parks and playgrounds, to control and
protect the public grounds and property of the town; to establish
and regulate a station house or lockup for temporary confinement of
violators of the laws and ordinances of the town; to punish and suppress
tramps and vagrants; to regulate the keeping of dogs in said town;
to provide for protection of all public property, cemeteries and property
of all public service companies or corporations and for any franchise,
easement or privilege hereafter granted the Commissioners of Ridgely
may charge for such franchise, easements or privileges when granted,
and may charge an annual rental upon any franchise, easement or privilege
for using the streets, highways and sidewalks of said town that hitherto
has been granted or may hereafter be granted; to regulate and license
auctioneers who cry any public sales within the corporate limits of
the town; to regulate and control all offensive trades, manufacture
and traffic in offensive fertilizers or other commodities within the
town limits; to provide for the codification of all ordinances which
may have been or may hereafter be passed; and for the purpose of carrying
out the aforegoing powers and for the preservation of the cleanliness,
health, peace and good order of the community, and for the protection
of the lives and property of the citizens, and to suppress, abate
and discontinue, or cause to be suppressed, abated or discontinued
all nuisances within the corporate and sanitary limits of said town,
they may pass all ordinances or by-laws from time to time necessary.
(A)
Whenever in this Charter or in any resolution or ordinance adopted pursuant to this Charter or otherwise lawfully adopted, an act or omission to act is declared to be a misdemeanor, any person found guilty of such act or omission to act shall be subject to a fine or imprisonment, or both such fine and imprisonment, to the maximum extent permitted by Article 23A, § 3 of the Maryland Code, or corresponding future provision thereof.
(B)
Whenever in this Charter or in any resolution or ordinance adopted pursuant to this Charter, or otherwise lawfully adopted, an act or omission to act is declared to be a “municipal infraction”, it shall be a civil offense, and any person found guilty of such act or omission to act shall be guilty of a municipal infraction and shall be subject to a fine to the maximum extent permitted by Article 23A, § 3 of the Maryland Code, or corresponding future provision thereof.
(C)
Whether
an offense is declared to be a misdemeanor or a municipal infraction,
in each such event each day that a violation shall continue shall
constitute a separate offense. (10-5-2009 by Res. No. 2009-R-10; 12-6-2010
by Res. No. 2010-7)
[1]
Note: See Maryland Constitution, Article XI-E; McRobie v.
Mayor & Commissioners 260 Md. 464, 272 A2d 655 (1971).
The Commissioners of Ridgely shall have the power to regulate
all subdivisions of land within the corporate limits of the town of
Ridgely, and for the purpose of carrying into effect this sub-section
no plat or plan of any such subdivision upon which any street, alley,
lane, avenue, thoroughfare or public highway shall have been laid
out, shall be received by the Clerk of the Circuit Court for Caroline
County for record among the Land Records of said Caroline County until
the said plat or plan has been approved in writing by the Commissioners
of Ridgely, and said approval stamped thereon. The Commissioners of
Ridgely shall have power to prescribe rules and regulations governing
the filing of plats or plans for such subdivision and requiring all
properties so subdivided to have permanent markers or boundary stones
placed at all street intersections, and to regulate and establish
the width and grades for all streets, alleys, lanes, avenues, thoroughfares,
public highways or sidewalks so laid out in any subdivision.
[1]
Note: See Article 66B, § 3.01 et seq., Annotated
Code of Maryland.
A.
The Commissioners of Ridgely may whenever they deem necessary borrow
money on the faith and credit of said town by note or otherwise in
any amount they may deem necessary, provided that the said indebtedness
thus created shall not exceed at any one time the sum of five million
dollars ($5,000,000.).
B.
In addition, and without limitation by § 19-301, et seq.
of the Annotated Code of Maryland or any other provision of general
law, the Commissioners may, by resolution, from time to time borrow
money for any public purpose and may issue and deliver its notes or
other evidences of the Commissioners' obligation (including renewal
or refunding notes or bond anticipation notes) to mature not more
than thirty (30) years from the date of issue and for the payment
of which the Commissioners may designate such source or sources of
funds, including tax or other revenues, as it deems appropriate for
the purpose for which the borrowing is to be made. The notes, or other
evidences of the obligation, may be sold upon such terms, at public
or private sale, and shall be executed and delivered in such manner
and upon such conditions as the authorizing resolution shall provide.
(Res. 2-4-1980; Res. 8-29-1983; 4-3-2000 by Res. No. 2000-R-1; 6-4-2001
by Res. No. 2001-R-1; 4-3-2017 by Res. No. 2017-01)
The Commissioners of Ridgely shall annually, at the end of the
fiscal year of said town, have all books and accounts of said corporation
audited by some competent person or persons, and shall have said books
and accounts of said corporation audited at such other time or times
as they may deem proper and necessary.
The Commissioners of Ridgely shall have the power to hold real,
personal and mixed property for the use and benefit of said corporation,
and shall have the power to establish a public system of parks, public
squares and playgrounds for the recreation, interest and amusement
of its citizens, and may convey and dispose of the same or any part
thereof, and to receive property by gift, devise or deed in trust
for any municipal object.
[1]
Note: See Article 23A, § 2(b)(20), Annotated Code
of Maryland.
This Act shall not affect or impair any right vested or acquired
and existing at the time of the passage of this Act, nor shall this
Act in any manner affect the title to any real or personal property
now held or owned by Commissioners of Ridgely, but title to such property
shall continue in Commissioners of Ridgely, in the same manner and
to the same intent as though this Act had not been passed, nor shall
this Act impair, discharge or release any contract, obligation, duty,
liability or penalty whatever now existing. 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 Act, shall be instituted, proceeded
with and prosecuted to final determination and judgment as if this
Act had not been passed. No tax levied or any proceeding taken for
the collection of any such tax or the enforcement of the payment of
the same before the passage of this Act shall in any manner be affected
by the passage of this Act, and the mode of procedure in any matter
shall be the same as if this Act had not been passed.
All laws now in force relating or applicable to the Commissioners
of Ridgely and not included in this Act and not inconsistent with
this Act, and all ordinances of the Commissioners of Ridgely now in
force and not inconsistent with this Act are hereby continued in as
full force and virtue as if the Commissioners of Ridgely were named
therein until changed or repealed, respectively, by the General Assembly
of Maryland or by the Commissioners of Ridgely.
All officers provided for or named in the Charter of Ridgely
or any amendments thereto, as it stands before the passage of this
Act, whether by election or appointment, shall continue to hold, exercise
and discharge the duties of their respective offices until their successors
shall be duly qualified, and nothing contained in this Act shall be
construed to interfere with the continuity of the terms of tenure
of said officers; nor shall a reappointment or re-election of any
of said officers be necessary in order to secure the said continuity
of their said terms and tenures of office, unless otherwise provided
in this Act.
Each section of this Act and every part of said section are
hereby declared to be individual sections, and the holding of any
section or sections or part or parts thereof to be void, ineffective
or unconstitutional for any cause shall not be deemed to affect any
other section or part thereof.
