Town of Smithsburg, MD General Provisions

The Town of Smithsburg, Maryland.

The Mayor and Council of Smithsburg, a municipal corporation, chartered by that name by the General Assembly of Maryland.

TOWN CLERK-TREASURER

The Town's Clerk-Treasurer as used in the Town Charter.

TOWN MANAGER

The Town's Clerk-Treasurer, unless otherwise specifically designated by ordinance.

TRAILER

A vehicle that:

Has no motive power;

Is designed to carry people or property and to be towed by a motor vehicle; and

Is constructed so that no part of its weight rests on the towing vehicle.[3]

WRITING and WRITTEN

Includes printing and any other mode of representing words, letters and figures.

YEAR

A calendar year, except where a fiscal year is specifically referred to or implied, as in fiscal matters.

[1]

Editor's Note: The original definition of "commercial vehicle," which immediately followed this definition, was repealed 3-4-2014. See now the definition of "commercial vehicle" in § 378-1 of Ch. 378, Vehicles and Traffic.

[2]

Editor's Note: The original definition of "motor home," which immediately followed this definition, was repealed 3-4-2014.

[3]

Editor's Note: The original definitions of "trailer, camping," and "trailer, travel," which immediately followed this definition, were repealed 3-4-2014.

In the construction of this Code and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Mayor and Council:

All words and phrases shall be construed and understood 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 the law shall be construed and understood according to such peculiar and appropriate meaning.

The singular always includes the plural, and vice versa, except where such construction would be unreasonable.

Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day, and if the last day is Sunday or a legal holiday, it shall be excluded.

(4)

Gender. Words importing the masculine gender shall include the feminine and neuter, and vice versa.

(5)

Joint authority. 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.

(6)

May. The word "may" is permissive.

(7)

Number. Words used in the singular include the plural, and the plural includes the singular number.

(8)

Official time standard. Whenever certain hours are named in this Code, they shall mean standard time or daylight saving time, whichever may be in current use in the Town.

(9)

Or; and. The word "or" may be read "and" and the word "and" may be read "or" where the sense requires it.

(10)

Shall. The word "shall" is mandatory.

(11)

Time. Words used in the past or present tense include the future as well as the past and present.

§ 1-3 Catchlines of sections.

The catchlines of the several sections of this Code 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, nor, unless expressly so provided, shall they be deemed when any of such sections, including the catchlines, are amended or reenacted.

§ 1-4 Effect of repeal of ordinances.

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect nor any suit, prosecution or proceeding pending at the time of the repeal for an offense committed under the ordinance repealed.

§ 1-5 Town Seal.

The Seal heretofore provided and used for the corporate purposes of the Mayor and Council of Smithsburg, the face of which contains the words "Corporation of Smithsburg, Md." and in the center of which is the word "Seal" thereon, shall be and it is hereby established and declared to have been and now to be the official and corporate Seal of the Mayor and Council of Smithsburg.

The Town Clerk-Treasurer shall be the keeper of the Seal of the corporation of Smithsburg and shall affix or make an impression thereof on all ordinances and papers requiring the corporation Seal.

§ 1-6 Violations and penalties.

Unless otherwise provided herein, any person found guilty of violating any provision of this Code, which violation is a misdemeanor as defined herein, shall be subject to a fine not to exceed $1,000 or imprisonment not to exceed six months, or both such fine and imprisonment. Each day such violation continues shall constitute a separate offense.

Any person found guilty of violating a provision of this Code, which violation is an infraction as declared herein, shall be guilty of a municipal infraction and subject to a fine not to exceed $1,000. The fine shall be paid by the offender to the Town of Smithsburg within 20 calendar days of receipt of a citation. Repeat offenders may be assessed a fine not to exceed $1,000 for each repeat offense. Each day a violation continues shall, unless otherwise provided, constitute a separate or repeat offense.

[Amended 3-5-2013]

Misdemeanors and infractions; procedures.

Misdemeanor. A "misdemeanor" is:

A criminal offense, not amounting to a felony, arising from a violation of a law of the state, which violation is defined as a misdemeanor; or

Unless otherwise specified, a violation of any section of the Code of the Town of Smithsburg. All violations of this Code shall be treated as misdemeanors unless specifically declared to be infractions.

Infraction. "Infraction" shall mean a municipal infraction as defined by state law and is any violation of this Code, which violation has been specifically declared to be an infraction. For purposes of this Code, an infraction is a civil offense.

[Amended 3-5-2013]

Issuance of citation. Those enforcement officials authorized by the Mayor and Council to enforce this Code may deliver a citation to any person alleged to be committing an infraction. A copy of the citation shall be retained by the Town and shall contain, at a minimum, the following information:

The enforcing official's certification attesting to the truth of the matter set forth in the citation or that the citation is based on an affidavit.

[Amended 3-4-2014]

The name and address of the person charged.

(c)

The nature of the infraction.

(d)

The location and time that the infraction occurred.

(e)

The amount of the infraction fine assessed.

(f)

The manner, location and time in which the fine may be paid to the Town.

(g)

The person's right to elect to stand trial for the infraction.

(h)

The effect of failing to pay the assessed fine or to demand a trial within the prescribed time.

(4)

Payment of fine. The fine for an infraction shall be as specified in the Code section violated. The fine is payable by the recipient of the citation to the Town of Smithsburg within 20 calendar days of receipt of the citation.

(5)

No formal hearing by Town. The Town shall not conduct any formal hearing for those persons in receipt of a citation of infraction. Any offender so cited may pay the fine as indicated in the citation or elect to stand trial for the offense. This provision shall not prevent an offender from requesting, either personally or through an attorney, additional information concerning the infraction.

(6)

Election to stand trial. A person receiving the citation for an infraction may elect to stand trial for the offense by notifying the Town, in writing, of his intention of standing trial. The notice shall be given at least five days prior to the date of payment as set forth in the citation.

(7)

Failure to pay fine. If a person receiving a citation for any infraction fails to pay the fine for the infraction by the date of payment set forth on the citation and fails to file a notice of his intention to stand trial for the offense, the person is liable for the assessed fine. The Town may double the fine to an amount not to exceed $1,000 and request adjudication of the case through the District Court, including the filing of a demand for judgment on affidavit. If the person receiving a citation for an infraction shall be found by the District Court to have committed an infraction, the person shall be required to pay the fine determined by the District Court, not to exceed $1,000. The person shall also be liable for the costs of the proceeding in the District Court, and the Court may permit the Town to abate any such condition at the person's expense.

[Amended 3-5-2013]

§ 1-7 Notice of violation.

Whenever the appropriate official or representative of the Town determines that there has been a violation of this Code or has grounds to believe that a violation has occurred, the method for notice prescribed in this section may be used as an alternative method of notice in the place and stead of any other method of notice otherwise set forth in this Code or in laws of the Town which are not included in this Code.

Such notice may be given to the owner or the person or persons responsible therefor in the manner prescribed in this section. Notices for condemnation procedures may also comply with this section. No additional notice of violation is required before instituting appropriate proceeding to restrain, correct or abate such violation, where the same violation occurs again within 90 days of the date of the initial violation for which a notice has already been sent. The appropriate official or representative of the Town will establish by written order specific times for compliance with violations and/or classes of violations.

Form of notice. Such notice prescribed in this section shall:

Be in writing;

Include a description of the real estate sufficient for identification, assuming real estate is involved;

Include a statement of the violation or violations and why the notice is being issued;

(4)

Include a correction order specifying the time to make the repairs and improvements required to correct the violation or violations or otherwise comply with the provisions of this Code;

(5)

Inform the property owner or person violating that a citation may be issued for failure to comply; and

(6)

If applicable, inform the property owner or person violating that costs of abatement may be assessed against the property and/or individuals involved in or responsible for the violation.

Method of service.

Such notice shall be deemed to be properly served if a copy thereof is:

Delivered personally;

Sent by certified or first-class mail addressed to the last known address of the person violating;

(c)

If real property is involved, sent by certified or first-class mail addressed to the last known address of the person owning said real property as indicated by the records of the State Department of Assessments and Taxation; or

(d)

Delivered by any other method of service reasonably calculated to give actual notice.

[Amended 3-4-2014]

If the notice is returned showing that it was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.

Article II Adoption of Code

[Adopted 3-4-2014]

§ 1-8 Adoption of Code.

Pursuant to the authority contained in Section 31-20(b)(13) of the Town Charter, the ordinances of the Town of Smithsburg of a general and permanent nature, adopted by the Mayor and Council of the Town of Smithsburg, as revised, codified and consolidated into chapters and sections by General Code, LLC, and consisting of Chapters 1 through 405, together with an Appendix, are hereby approved, adopted, ordained and enacted as the “Code of the Town of Smithsburg,” hereinafter known and referred to as the “Code.”

§ 1-9 Code supersedes prior ordinances.

This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.

§ 1-10 Continuation of existing provisions.

The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinances.

§ 1-11 Copy of Code on file.

A copy of the Code in loose-leaf form has been filed in the office of the Town Clerk-Treasurer and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the Clerk-Treasurer of the Town of Smithsburg by impressing thereon the Seal of the Town, and such certified copy shall remain on file in the office of the Clerk-Treasurer of the Town, to be made available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-12 Amendments to Code.

Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the governing body to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the “Code of the Town of Smithsburg” 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 book containing said Code as amendments and supplements thereto.

§ 1-13 Publication; filing.

Pursuant to Section 31-12 of the Town Charter, this Adopting Ordinance shall be published, by title or by a fair summary of the contents thereof, at least once in a newspaper or newspapers of general public circulation and in the Town's newsletter, if such newsletter is regularly published at that time. Sufficient copies of the Code shall be maintained in the office of the Clerk-Treasurer for inspection by the public at all times during regular office hours. The enactment and publication of this Adopting Ordinance, coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-14 Code book to be kept up-to-date.

It shall be the duty of the Clerk-Treasurer or someone authorized and directed by the Clerk-Treasurer to keep up-to-date the certified copy of the book containing the Code required to be filed in his or her office for the use of the public. 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 book, at which time such supplements shall be inserted therein.

§ 1-15 Sale of Code book.

Copies of the Code may be purchased from the Clerk-Treasurer upon the payment of a fee to be established by the Mayor and Council, which may also arrange, by resolution, for procedures for the periodic supplementation thereof.

§ 1-16 Altering or tampering with Code; penalties for violation.

It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Town of Smithsburg to be misrepresented thereby. Any violation of this section shall be punishable as a misdemeanor, the penalty for which shall be as set forth in § 1-6A of this Code.

§ 1-17 Severability.

Severability of Code provisions. 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 or its application to any person or circumstance to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

Severability of ordinance provisions. Each section of this ordinance is an independent section, and the holding of any section or part thereof or its application to any person or circumstance to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

§ 1-18 Inconsistent ordinances repealed.

Except as provided in § 1-19, Ordinances saved from repeal, below, all ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of Smithsburg which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.

§ 1-19 Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-18 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

Any ordinance adopted subsequent to July 2, 2013.

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.

Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom.

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.

Any franchise, license, right, easement or privilege heretofore granted or conferred.

Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.

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.

Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.

The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.

The dedication of property or approval of preliminary or final subdivision plats.

All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.

Any ordinance adopting or amending the Zoning Map.

Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.

Any ordinance or portion of an ordinance establishing or amending a specific fee amount for any license, permit or service obtained from the Town.

§ 1-20 Changes in previously adopted ordinances.

In compiling and preparing the ordinances for revision as part of the Code, certain grammatical changes and other nonsubstantive minor changes were made in one or more of said ordinances. In addition, chapter and section number references to the ordinances may have been renumbered for consistency. It is the intention of the Mayor and Council that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.

In addition, the changes, amendments or revisions as set forth in Schedule A, attached hereto and made a part hereof, are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)[1]

[1]

Editor’s Note: In accordance with § 1-20B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: “Amended (added, deleted) 3-4-2014.” Schedule A, which contains a complete description of all changes, is on file in the Village offices.

Nomenclature. References to the following are updated as indicated:

Throughout the Code:

“Clerk” and “Clerk or Treasurer” are changed to “Clerk-Treasurer.”

“Chairman” is changed to “Chairperson.”

(c)

“Council member” and “Councilman” are changed to “Councilperson.”

(d)

“Health Department” is changed to “Health and Human Services Department.”

(e)

“Board of Appeals” is changed to “Board of Zoning Appeals.”

Throughout Chapter 335, Subdivision of Land:

“Article 66B” is changed to “the Land Use Article.”

“Zoning Officer” is changed to “Zoning Administrator.”