The term "public ways," as used in this Charter, shall include
all streets, avenues, roads, highways, public thoroughfares, lanes,
alleys, rights-of-way, and sidewalks, and all areas dedicated in connection
therewith. (Mont. Co. Code 1965, § 59-67.)
(a)
The town shall have control of all public ways in the town except
such as may be under the jurisdiction of the Maryland State Roads
Commission. Subject to the laws of the State of Maryland and this
Charter, the town may do whatever it deems necessary to establish,
operate, maintain in good condition, and regulate the use of the public
ways of the town.
(b)
The town may require that a permit be obtained from it and a reasonable
deposit to safeguard the town be made before any cuts or openings
are made in any street, curb, or sidewalk.
(Mont. Co. Code 1965, § 59-68.)
The town shall have the power:
(1)
To establish, regulate, and change from time to time the grade lines,
width, and construction materials of any town public way or part thereof,
bridges, curbs, and gutters.
(2)
To grade, lay out, construct, open, extend, and make new town public
ways.
(3)
To grade, straighten, widen, alter, improve, or close up any existing
town public way or part thereof.
(4)
To pave, surface, repave, or resurface any town public way or part
thereof.
(5)
To install, construct, reconstruct, repair, and maintain curbs and
gutters along any town public way or part thereof.
(6)
To construct, reconstruct, maintain, and repair bridges.
(7)
To name town public ways.
(8)
To have surveys, plans, specifications, and estimates made for any
of the above activities or projects or parts thereof.
(Mont. Co. Code 1965, § 59-69.)
The town shall have the power:
(1)
To establish, regulate, and change from time to time the grade lines,
width, and construction materials of any sidewalk or part thereof
on town property along any public way or part thereof.
(2)
To grade, lay out, construct, reconstruct, pave, repave, repair,
extend, or otherwise alter sidewalks on town property along any public
way or part thereof.
(3)
To require that the owners of any property abutting on a sidewalk
keep the sidewalk clear of all ice, snow, dirt, and other obstructions.
(4)
To require and order the owner of all property abutting on any public
way in the town to perform any projects authorized by this section
at the owner's expense according to reasonable plans and specifications.
If, after due notice, the owner fails to comply with the order within
a reasonable time, the town may do the work, and the expense shall
be a lien on the property and shall be collectible in the same manner
as are town taxes or by suit at law.
(Mont. Co. Code 1965, § 59-70.)
The town shall have the power:
(1)
To construct, operate, and maintain a storm water drainage system
including storm water sewers.
(2)
To construct, maintain, reconstruct, enlarge, alter, repair, improve,
or dispose of all parts, installations, and structures of the above
system.
(3)
To have surveys, plans, specifications, and estimates made for any
of the above systems or parts thereof or the extension thereof.
(4)
To do all things it deems necessary for the efficient operation and
maintenance of the above system.
(Mont. Co. Code 1965, § 59-71.)
Any public agency, public service corporation, company, or individual,
before beginning any construction of or placing of or changing the
location of any main, conduit, pipe, pole, wires, or other structure
in the public ways of the town, shall submit plans to the town and
obtain written approval upon such conditions and subject to such limitations
as may be imposed by the town. Any public service corporation, company,
or individual violating the provisions of this section shall be guilty
of a misdemeanor. If any unauthorized main, conduit, pipe, pole, wires
or other structure interferes with the public ways or sidewalks of
the town or with the operation of the water, sewerage, or storm water
systems, the town may order it removed. (Mont. Co. Code 1965, § 59-72.)
Any public agency, public service corporation, company, or individual
having mains, conduits, pipes, poles, wires or other structures, in,
on, or over any public way in the town or in the county which impede
the establishment, construction, or operation of any public ways or
sidewalks of the town or any water, sewer, or storm water drainage
system shall, upon reasonable notice, remove or adjust the obstructions
at their own expense to the satisfaction of the town. If necessary
to carry out the provisions of this section, the town may use its
condemnation powers provided in section 83-82 of this Charter. (Mont.
Co. Code 1965, § 59-73.)
The town may enter upon or do construction in, on, or over any
county public way for the purpose of installing or repairing any equipment
or doing any other things necessary to establish, operate, and maintain
the storm water drainage system provided for in this Charter. Unless
required by the county, the town need not obtain any permit or pay
any charge for these operations, but it must notify the county of
its intent to enter on the public way and must leave the public way
in a condition not inferior to that existing before. (Mont. Co. Code
1965, § 59-74.)
When any water main or sanitary sewer is declared ready for
operation the town may require all abutting property owners after
reasonable notice to connect all fixtures with the water or sewer
main. The town may require that, if it considers existing fixtures
unsatisfactory, satisfactory ones be installed and may require that
all cesspools [cesspools], sink drains, and privies be abandoned,
filled, removed or left in such a way as not to injure public health.
All wells found to be polluted or a menace to health may be ordered
to be abandoned and closed. (Mont. Co. Code 1965, § 59-75.)
The town may provide that no water supply, sewerage, or storm
water drainage system, and no water mains, sewers, drains, or connections
therewith, shall be constructed or operated by any person or persons,
firm, corporation, institution, or community, whether upon private
premises or otherwise, and may provide that cesspools or other private
methods of sewage disposal shall be operated and maintained in such
a manner that they do not and will not be likely to affect adversely
the public comfort and health, and any cesspool or other private method
of sewage disposal affecting or likely to affect adversely the public
comfort and health may be deemed a nuisance and may be abated by the
town. (Mont. Co. Code 1965, § 59-76.)
The town shall have the power to extend its storm water drainage
system beyond the town limits. (Mont. Co. Code 1965, § 59-77.)
Any employee or agent of the town, while in the necessary pursuit
of his official duties in regard to the storm water drainage system
operated by the town, shall have the right of entry, for access to
water or sewer installations, at all reasonable hours, and after reasonable
advance notice to the owner, tenant, or person in possession, upon
any premises and into any building in the town or in the county served
by the town's storm water drainage system. Any restraint or hindrance
offered to such entry by any owner, tenant, or person in possession,
or the agent of any of them, may, by ordinance, be made a misdemeanor.
(Mont. Co. Code 1965, § 59-78.)
