[Amended 1-19-2017 by Ord. No. 2017-01]
A. Authority. The Town shall have the authority to enter into intergovernmental,
and/or mutual aid and reciprocal enforcement agreements with other
police agencies in and outside of the State of Maryland. Such agreements
shall enable Town police officers to enforce state law and the laws
of such other jurisdiction(s) within the territory of such other jurisdiction(s)
with the protections/immunities granted by law to police officers
of the other jurisdictions and/or to allow the police officers of
such other jurisdiction(s) to enforce the Town's Code and laws
within the Town. Furthermore, the Town may enter into intergovernmental
agreements with other municipalities to provide or receive police
executive services provided that any appointment as Chief of Police
is adopted by ordinance.
B. Procedures. All such agreements shall be approved by the Commissioners
by motion or resolution after consultation with the Town Police Department
and the Town Attorney.
C. Required terms. Every agreement pursuant to this section shall provide
the following:
(1) Each party to the agreement must waive any and all claims it may
have against the other parties to the agreement and that may arise
out of activities outside its respective jurisdiction; and
(2) Each party shall indemnify and hold harmless the other parties to
the agreement from all claims that are made by third parties for property
damage or personal injury and that may arise out of the activities
of the other parties to the agreement outside their respective jurisdictions
under the agreement.
D. Existing agreements. Any mutual aid and/or reciprocal enforcement agreement entered into by the Town Administrator or the Chief of Police on or prior to April 13, 2005, still in effect shall be and hereby is declared to be valid provided it conforms to Subsection
C immediately above.
E. This chapter is not intended to give police officers any additional
powers outside the Town, except pursuant to agreements approved by
the Commission pursuant to this section.
[Added 7-11-2018 by Emergency Ord. No. 2018-07]
There is created and established the Office of Code Enforcement
Officer. The appointment of a Code Enforcement Officer shall be approved
by ordinance or written resolution. The Code Enforcement Officer shall
be supervised by the Chief of Police and shall be responsible to the
Town Manager. A Code Enforcement Officer shall be recommended for
appointment by the Town Manager to the Commission and shall have the
following powers, authorizations, duties, qualifications and functions:
A. Subject to the requirements of the Cottage City Commission, the Code
Enforcement Officer, shall, in addition to such other duties as may
be assigned to him or her by the Chief of Police, enforce such laws
and ordinances relating to property, buildings and structures as may
be specifically provided.
B. The Code Enforcement Officer shall be technically informed 1) on
the quality and strength of building materials; 2) on the prevailing
methods of building and construction; 3) on the latest practices in
fire prevention; 4) on the accepted requirement for safe facilities;
and 5) on the proper equipment in buildings, and other installations
for the safety, comfort and convenience of the occupants and the public.
He or she shall not have any interest whatever, directly or indirectly
in the sale or manufacture of any material, process or device entering
into or used in or in connection with property maintenance, building
or construction within the Town.
C. The Code Enforcement Officer and/or a designated police officer may
be authorized by the Cottage City Commission to enforce the Town's
ordinances and may deliver a municipal infraction citation, criminal
misdemeanor violation summons, charging document or criminal citation
to any person alleged to be committing or to have committed a municipal
infraction or other violation.
D. The Code Enforcement Officer shall examine premises for which permits
have been or will be issued and shall make necessary inspections to
see that the provisions of applicable laws or ordinances are complied
with and that maintenance or construction is prosecuted safely. He
or she shall, when requested by the Town Manager or when the interests
of the Town so require, make investigations in connection with matters
referred to within Town ordinances and render written reports on the
same. For the purpose of enforcing compliance with law, to remove
illegal, nuisance or unsafe conditions, to secure the necessary safeguards,
or to require adequate facilities in existing building or improved
properties, he or she shall issue notices or orders as may be necessary.
E. Unless posted or informed otherwise (i.e., no trespassing), the Code
Enforcement or Police Officer shall have the right, upon proper identification,
to enter upon private property so far as is necessary for the performance
of duties. The Code Enforcement Officer's right of entry upon
residential property shall be limited to entry for the purposes of
directly approaching the front door and seeking consent from the owner
or occupant to conduct an inspection or as otherwise permitted by
law including 4th Amendment Constitutional Jurisprudence.
F. The Town Manager is hereby authorized and empowered to establish
additional duties for any assigned Code Enforcement Officer provided
that said officer shall not be vested with police powers of arrest.
Code Enforcement Officers are not authorized to carry firearms, and
they shall not carry firearms while on duty. Said officers shall be
assigned such duties as are civilian and administrative in nature
that the Town Manager, from time to time, may direct, that are not
inconsistent with the limitations set forth in this Code of Ordinances,
or state law and, in addition, the Code Enforcement Officer shall
be vested with the authority to issue parking citations, criminal
citations and citations for municipal infractions as expressly provided
for in each applicable article or section of the Town's Code
of Ordinances or other ordinances.
G. The Code Enforcement Officer shall keep careful and comprehensive
records of applications, of permits issued, of certificates issued,
of inspections made, of reports rendered, and of notices, citations
or orders issued.
H. In the absence or disability of the Code Enforcement Officer, the
Town Manager may recommend to the Cottage City Commission a police
officer or other qualified person to discharge the duties of the Code
Enforcement Officer.