[HISTORY: Readopted, amended and approved by the Mayor and
Council of the Town of Forest Heights 5-6-2013 by Ord. No. 01-013.
Amendments noted where applicable.]
The ordinances of the Town of Forest Heights of a general and
permanent nature, as may hereafter be adopted from time to time by
the Town Council shall be codified and organized into articles and
shall collectively be known as the "Ordinance Code of the Town of
Forest Heights."
Ordinances hereafter adopted by the Town Council and incorporated
into the Town code shall supersede all other general and permanent
ordinances upon the same subjects enacted prior thereto, except to
the extent such prior enactments are expressly saved from repeal or
are declared to be continued in force.
A.
In
the construction of this code and of all Town ordinances, the rules
and definitions set out in this section shall be observed, unless
such construction would be inconsistent with the manifest intent of
the Town Council. The rules of construction and definitions set out
herein shall not be applied to any section of this code which shall
contain any express provisions excluding such construction, or where
the subject matter or context of such section may be repugnant thereto.
B.
In
the interpretation and application of any provisions of this code,
such provisions shall be held to be the minimum requirements adopted
for the promotion of the public health, safety, comfort, convenience
and general welfare. Where any provision of this code imposes greater
restrictions upon the subject matter than the general provision imposed
by the code, the provision imposing the greater restriction or regulation
shall be deemed to be controlling.
C.
All
general provisions, terms, phrases and expressions contained in this
code shall be liberally construed in order that the true intent and
meaning of the Town council may be fully carried out.
D.
Unless
a specific provision of this code states otherwise, the time within
which an act is to be done shall be computed by excluding the first
and including the last day; if the last day is a Sunday or legal holiday,
it shall be excluded. When the period of time allowed is more than
seven days, intermediate Sundays and holidays shall be considered
as other days; but if the period of time allowed is seven days or
less, intermediate Sundays and holidays shall not be counted in computing
the period of time.
E.
Words
importing one gender include and apply to the other gender as well.
F.
All
words giving a joint authority to three or more persons or officers
shall be construed as giving such authority to a majority of such
persons or officers.
G.
The
word "may" is permissive. Words and phrases shall be construed according
to the common and approved usage of the language, but technical words
and phrases and such others as may have acquired a peculiar and appropriate
meaning in law shall be construed and understood according to such
meaning. Words used in the singular include the plural and the plural
includes the singular number. Words used in the past or present tense
include the future as well as the past and present.
H.
CHARTER
CODE
COUNTY
MONTH
OATH
OWNER
PERSON
PERSONAL PROPERTY
PRECEDING, FOLLOWING
PROPERTY
REAL PROPERTY
SHALL
SIDEWALK
SIGNATURE or SUBSCRIPTION
STATE
STREET
TENANT, OCCUPANT
TOWN
TOWN CODE
WRITING
YEAR
The
following words, phrases and terms shall have the meaning set forth
herein:
The terms "Charter" or "Town Charter" shall mean the Charter
of the Town of Forest Heights.
The word "Code" means the Forest Heights Ordinance Code as designated in Section 1.1 of this Code.
The words "the county" or "this county" shall mean Prince
George's County, Maryland.
The word "month" shall mean a calendar month.
The word "oath" shall be construed to include an affirmation
or declaration in all cases in which, by law, an affirmation may be
substituted for an oath, and in such cases the words "swear" and "sworn"
shall be equivalent to the words "affirm" and "affirmed."
The word "owner," applied to any property, shall include
any part owner, joint owner, tenant in common, joint tenant or tenant
by the entirety, of the whole or a part of such property.
The word "person" shall include a corporation, company, partnership,
association or society as well as a natural person.
Personal property includes money, goods, chattels, things
in action and evidence of debt.
The words "preceding" and "following" shall mean next before
and next after, respectively.
The word "property" shall include real and personal property.
Real property shall include lands, tenements and hereditaments.
The word "shall" is mandatory.
The word "sidewalk" shall mean that portion of a street between
the curbline and the adjacent property intended for the use of pedestrians.
Signature or subscription includes a mark when the person
cannot write, his name being written near it and witnessed by a person
who writes his own name as witness.
The words, "the State" or "this State" shall be construed
to mean the State of Maryland.
The word "street" shall include any public way, road, highway,
avenue, alley and lane within the Town.
The words "tenant" and "occupant," applied to a building
or land, shall include any person who occupies the whole or a part
of such building or land, whether alone or with others.
The terms "the Town," "this Town," or "Town" shall mean the
Town of Forest Heights, Maryland, a municipal corporation of that
name chartered by the State. When appropriate such terms shall also
refer to the legal boundaries of such municipal corporation.
The term "Town Code" shall mean the "Ordinance Code of the
Town of Forest Heights."
The word "writing" shall include printing.
The word "year" shall mean a calendar year.
A.
The
catchlines of the several sections of this code printed after the
section numbers are intended as mere catchwords to indicate the contents
of the sections and shall not be deemed or taken to be titles of such
sections, nor as any part of such sections.
B.
All
references in this Code to articles or sections are to articles or
sections of this code unless otherwise specified.
C.
The
tables of contents using the aforementioned catchlines are intended
for organizational purposes only and shall not be deemed or taken
to be titles of such sections, nor as any part of such sections.
D.
Any
footnotes included throughout the Town Code are provided for legislative
history purposes only.
Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the Council to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Ordinance Code of the Town of Forest Heights" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf or post binder book containing the certified copy of said Code required by Section 1.6 as amendments and supplements thereto.
A.
A
certified copy of the Forest Heights Ordinance Code, impressed with
the seal of the Town, shall remain on file in the office of the Town
Clerk, to be made available to persons desiring to examine the same
during regular Town business hours for so long as the Code is in effect.
B.
It
shall be the duty of the Town Clerk, or someone authorized and directed
by the Town Clerk, to keep the certified copy of the book containing
the Code required to be filed in the Clerk's office for the use
of the public current. All changes in said Code and all ordinances
adopted subsequent to the effective date of this codification, which
shall be adopted specifically as part of the Code, shall, when finally
adopted, be included therein by reference until such changes or new
ordinances are printed as supplements to said code books, at which
time such supplements shall be inserted therein.
A.
Pursuant
to Md. Ann. Code, Art. 23A, § 2B and unless the provisions
of this Code expressly state otherwise, the Town is generally exempt
from all legislation heretofore or hereafter enacted by the County
relating to any subject upon which the Town has been heretofore or
is hereafter granted legislative authority to act, either by public
general law or by the Town Charter, and upon which subject the Town
in fact acts. Legislation of Prince George's County pertaining
to a subject as to which the Town has not acted shall be in effect
in the Town unless and until the Town specifically exempts itself
therefrom.
B.
Whenever,
in this Code, the Town adopts or incorporates by reference, or otherwise
subjects itself or persons within its boundaries to the ordinances
or regulations of Prince George's County, Maryland, it is the
intention of the Town Council to adopt any amendments that might subsequently
be enacted by the Prince George's County Council, such that the
most current version of such ordinance or regulation then in effect
in the unincorporated areas of Prince George's County shall be
effective within the Town.
Each section of the Code and every part of each section is an
independent section or part of a section, and the holding of any section
or a part thereof to be unconstitutional, void or ineffective for
any cause shall not be deemed to affect the validity or constitutionality
of any other section or parts thereof.
All ordinances or parts of ordinances of a general and permanent
nature adopted and in force on the date of the adoption of this ordinance[1] or the date of adoption of any subsequent ordinance incorporating
provisions into the Town Code that are inconsistent with the ordinances
in the Town Code are hereby repealed to the extent of such inconsistency
as of the effective date of the ordinance with which they are inconsistent.
[1]
Editor's Note: The ordinance referenced is Ord. No. 02-10,
adopted 4-5-2010.
The adoption of this Code and repeal of ordinances provided for in Section 1.9 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal or waiver:
A.
Any right or liability established, accrued or incurred under any
legislative provision prior to the effective date of this ordinance
or any action or proceeding brought for the enforcement of such right
or liability.
B.
Any offense or act committed or done before the effective date of
this ordinance in violation of any legislative provisions or any penalty,
punishment or forfeiture which may result therefrom.
C.
Any prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered prior to the effective date of this ordinance
brought pursuant to any legislative provision.
D.
Any franchise, license, right, easement or privilege heretofore granted
or conferred.
E.
Any ordinance or resolution appropriating money or transferring funds,
promising or guaranteeing the payment of money or authorizing the
issuance and delivery of any bond or other instruments or evidence
of the Town's indebtedness.
F.
Ordinances authorizing the purchase, sale, lease or transfer of property
or any lawful contract or obligation.
G.
The levy or imposition of taxes, assessments, fees or charges.
H.
The dedication of property.
I.
Ordinances establishing the amount and manner of payment of salaries
or compensation of officers and employees, establishing workdays and
working hours of certain employees and providing for holidays and
vacations for employees and keeping of employment records.
J.
All resolutions, including charter amendment resolutions and annexation
resolutions.
B.
The Seal depicts a thick, dashed black oval upon a white ground bearing
the words "The Town of Forest Heights" in the upper half of the semi-circle
and "Prince George's County, MD" in the lower half of the semi-circle.
Within the Seal's interior is a complete inner circle of arrow
heads outlined in black with their tips pointing in a clockwise manner.
In the middle of the Seal's face printed vertically from top
to bottom are the words "Corporate 1949 Seal" with the two outer words
bending in a semi-circular fashion.
C.
The Seal of the Town is for official use by the Town and its authorized
representative only.
D.
The duly elected Mayor and Town Council and the duly appointed Town
Clerk shall be authorized to make attestations using the Town of Forest
Heights Seal.
E.
No person shall use any seal, insignia, envelope or any other format
that simulates the Town of Forest Heights Seal.
F.
The misuse or unauthorized use of the Town Seal is a municipal infraction
subject to the maximum penalty and enforcement provisions of the Town
Charter.
Fees and penalties established in the Town Code which are not
paid as required therein to the Town shall be included in the non-payor's
real property tax bill and shall be collected as Town taxes are collected
and the charges shall be due and payable at the time of payment of
the tax bill. In the case of a misdemeanor or municipal infraction,
the fine shall not be deemed due and owing the Town until such time
as judgment or order therefor is issued by a court of competent jurisdiction.
Such charges shall constitute a lien on the non-payor's real
property.
