[Amended 11-2-2020 by Ord. No. 20-O-11; 4-5-2021 by Ord. No. 21-O-01; 1-18-2022 by Ord. No. 21-O-09]
The ordinances embraced in this and the following chapters shall, as revised, codified and consolidated into chapters and sections by General Code, as set forth in the Derivation Table included at the end of the Code, and as renumbered to consist of Chapters
1 through
16, are hereby approved, adopted, ordained and enacted as the "Code of the Town of University Park" hereafter referred to as the "Code." those provisions appearing in this Code so far as they are the same as those of preceding Codes and ordinances shall be continuations of those Codes and ordinances and not new enactments.
[Amended 11-2-2020 by Ord. No. 20-O-11; 4-5-2021 by Ord. No. 21-O-01; 1-18-2022 by Ord. No. 21-O-09]
A. All ordinances not contained in this Code are hereby repealed from
and after the effective date of this Code. The repeal of an ordinance
shall not affect any punishment or penalty incurred before the repeal
took effect, nor shall it affect any suit, prosecution, or proceeding
pending at the time of repeal for an offense committed under the ordinances
repealed.
B. In compiling and preparing the ordinances and Code for publication
as the 2020 Code of the Town of University Park, no changes in the
meaning or intent of such legislation have been made. Certain grammatical
changes and other minor nonsubstantive changes were made in one or
more of said pieces of legislation. Chapters, articles and sections
have been renumbered, including all internal references and cross-references.
It is the intention of the Mayor and Common Council of the Town of
University Park that all such changes be adopted as part of the Code
as if the ordinances had been previously formally amended to read
as such. The ordinances and resolutions specified in this subsection
are recognized as continuing in full force and effect to the same
extent as if set out at length herein.
C. The provisions of this Code, insofar as they are substantively the
same as those of ordinances and the Code in force immediately prior
to the enactment of this 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 ordinance. All such provisions are hereby continued in
full force and effect and are hereby reaffirmed as to their adoption
by the Mayor and Common Council of the Town of University Park, and
it is the intention of said Mayor and Common Council that each such
provision contained within the Code is hereby reaffirmed as it appears
in said Code.
D. Nothing in this Code or the ordinance adopting this Code shall be
construed to repeal or otherwise affect the validity of any of the
following:
(1) Any ordinance or resolution promising or guaranteeing the payment
of money for the Town or authorizing issuance of any bond of the Town
or any evidence of the Town's indebtedness;
(2) Any appropriation ordinance or resolution providing for the levy
of taxes or an annual budget;
(3) Any ordinance or resolution approving, authorizing or otherwise relating
to any contract, agreement, lease, deed or other instrument; and
(4) Any ordinance relating to the salaries of Town officers or employees.
E. For purposes of transition from the Code in force immediately prior
to this Code, any reference to a chapter or section number from the
prior Code on or in any form, license, permit, ticket or other Town
of University Park document shall be deemed to refer to the corresponding
chapter or section in this Code until such form, license, permit,
ticket or other Town document is revised or reprinted to refer to
the numbering in this Code.
In the construction of the Code, the following words and definitions
shall apply:
COUNCIL
The Common Council of the Town of University Park.
[Amended 1-18-2022 by Ord. No. 21-O-09]
COUNTY
Prince George's County, Maryland.
OWNER
(Applied to a building or land) Any part owner, joint owner,
tenant in common, joint tenant or tenant by the entirety, of the whole
or a part of such building or land.
PERSON
A corporation, company, firm, partnership, association, governmental
agency, or society as well as a natural person.
RIGHT-OF-WAY
The entire width between abutting property lines, including
the curb, gutter, sidewalk, and bridges, and the approaches to them.
[Added 1-18-2022 by Ord. No. 21-O-09]
SIDEWALK
Any portion of a street between the curbline, or the lateral
lines of a roadway where there is no curb, and the adjacent property
line intended for the use of pedestrians.
STATE
The State of Maryland.
STREET
Any street, road, lane, alley, viaduct or bridge and the
approaches to them.
[Amended 1-18-2022 by Ord. No. 21-O-09]
TENANT
Any person who occupies the whole or part of a building or
land in return for rent or other thing of value.
[Amended 1-18-2022 by Ord. No. 21-O-09]
TOWN
The Town of University Park, Maryland.
[Amended 1-18-2022 by Ord. No. 21-O-09]
Reference to one gender shall extend to and be applied to all
genders. Reference to a singular number only shall extend and be applied
to several persons or things as well as to one person or thing. Reference
to the plural number only shall extend and be applied to one person
or thing as well as to several persons or things.
[Amended 1-18-2022 by Ord. No. 21-O-09]
Every act or omission which, by ordinance, is made a misdemeanor
under this Code, unless otherwise provided, shall be punishable upon
conviction before any judge of the district court or circuit court
for the County within which the offense was committed. The fine shall
not exceed $1,000 or imprisonment for 60 days , or both, in the discretion
of the court or trial magistrate.
A. The aggrieved party shall have the right of appeal as is provided
under the general laws of the State.
B. Each day that any violation of an ordinance continues constitutes
a separate offense.
[Amended 1-18-2022 by Ord. No. 21-O-09]
The Mayor and Common Council may authorize the Town Attorney
or any other qualified person to take necessary and appropriate legal
action to prevent or abate violations of the Code of ordinances of
the Town of University Park or nuisances, as defined by common law
and the Code of the Town of University Park. Such action shall be
in addition to any penalty imposed by the provisions of the Code of
Ordinances of the Town of University Park for such violations or nuisances.
[Effective 4-8-1984]
It is a misdemeanor for an individual to refuse to identify
himself or herself when requested by a police officer seeking to issue
a citation. Where a person refuses to provide identification as set
forth in this section, a violation of any section of this Code which
the police officer is seeking to enforce will be treated as a misdemeanor
rather than an infraction.
If any section or part of a section of this Code is held invalid
by a court of competent jurisdiction, such holding shall not affect
the remainder of the Code, nor the context of its parts, except to
the extent that the section or part held invalid may be inseparably
connected in meaning and effect with the section or part of section
to which such holdings apply.
[Added 9-14-2020 by Ord.
No. 20-O-07]
A. Except as provided in this section, the Mayor and Common Council
hereby exempt the Town of University Park, a municipal corporation,
from all legislation heretofore or hereafter enacted by Prince George's
County, Maryland, relating to any subject upon which the Mayor and
Common Council of the Town have heretofore been or are hereafter granted
legislative authority either by public general law or by the Town
Charter.
B. The foregoing exemption shall not repeal or prohibit any Town ordinance
that specifically adopts or incorporates by reference any county legislation,
and such county legislation adopted or incorporated by the Town Code
as of _____ or adopted or incorporated by reference into the Town
Code in the future shall have full force and effect to the extent
provided in the Town ordinance adopting or incorporating the same.
C. The following chapters of the Prince George's County Code, as amended, or portions thereof, enacted by Prince George's County, as they now exist and as may hereafter be amended, are exceptions to the general exemption set forth in Subsection
A above, and shall be applicable within the Town until such time as the Mayor and Common Council shall duly exempt the Town from their application:
(1) Subtitle 1, General Provisions, shall apply within the Town only
to the extent that such application is necessary to effectively implement
other county laws that apply within the Town.
(2) Subtitle 2, Administration, shall apply within the Town only to the
extent that such application is necessary to effectively implement
other county laws that apply within the Town.
(3) Subtitle 3, Animal Control.
(5) Subtitle 5, Businesses and Licenses, with the exception of Division
8, Short-Term Rentals.
(6) Subtitle 6, Emergency Management.
(7) Subtitle 7, Court System.
(9) Subtitle 10, Finance and Taxation.
(10)
Subtitle 11, Fire Safety, with the exception of Sec. 11-293.
(12)
Subtitle 13, Housing and Property Standards, Division 6, Division
9A, Division 12, Division 12A, and Division 13 only.
(13)
Subtitle 17, Plumbing and Gas Fitting.
(16)
Subtitle 20, Taxicabs and Limousines.
(17)
Subtitle 20A, Transportation.
(19)
Subtitle 22, On-Site Sewage Disposal Systems.
(20)
Subtitle 23, Roads and Sidewalks.
(21)
Subtitle 24, Subdivisions.
(22)
Subtitle 24A, Television and Radio Equipment Repair.
(23)
Subtitle 25, Trees and Vegetation.
(24)
Subtitle 26, Vehicles and Traffic.
(25)
Subtitle 26A, Motor Vehicle Repair.
(27)
Subtitle 27A, Urban Centers and Corridor Nodes Development and
Zoning Code.
(28)
Subtitle 29, Preservation of Historic Resources.
(29)
Subtitle 32, Water Resources Protection and Grading Code.
D. Notwithstanding any of the foregoing, county legislation shall apply
within the Town where:
(1) Legislation is enacted by Prince George's County Council sitting
as a board of health for Prince George's County pursuant to state
law.
(2) A law or regulation as enacted by Prince George's County, Maryland,
involving county revenue or taxation pursuant to the provisions of
the Tax-General or Tax-Property articles of the Annotated Code of
Maryland, as amended, or legislation adopting the county budget.
(3) A law enacted by the General Assembly so provides.
E. Prince George's County, Maryland, is hereby requested to enforce the chapters described in Subsections
C and
D within the Town as county laws to the same extent and in the same manner that such county laws are enforced in unincorporated areas of the county.
F. Whenever county and Town legislation apply within the Town on the same subject matter, they shall be construed together in such manner as to both be effective within the Town. Notwithstanding the provisions of Subsection
C of this section, whenever a conflict exists between a provision of the Town Code and a county law which applies within the Town as a county law, the Town Code provision shall supersede the conflicting county law. Nothing contained in Subsection
C shall be deemed to repeal or otherwise affect any Town ordinance.
G. Nothing contained in this section shall limit or otherwise affect
the Town's authority, whether exercised previously or in the future,
to request the enforcement of Town legislation in whole or in part
by Prince George's County and to enter into agreements providing for
the same.