City of Hyattsville, MD Powers and Duties of Council

[Amended 3-1-2004 by HR 2004-01]

The Council shall have, in addition to the powers set out in the preceding section, the power to pass ordinances, resolutions or motions not contrary to the laws and Constitution of the State of Maryland for the following specific purposes:

(1)

Amusements. To provide, in the interest of the public welfare, for licensing, regulating or restraining theatrical or other public amusements.

(2)

Appropriations. To appropriate municipal moneys for any purpose within the powers of the Council.

(3)

Billboards. To license, tax and regulate, restrain or prohibit the erection or maintenance of billboards, within the City and the placing of signs, bills and posters of every kind and description on any building, fence, post, billboard, pole or other place within the City.

(4)

Bonds. To issue bonds under such terms, conditions and restrictions as deemed necessary; to limit to any amount the assets of the City pledged for said bonds; and to pledge the full faith and credit of the City for said bonds.

(5)

Code enforcement. To appoint a Code Enforcement Officer, who shall enforce within the municipal limits of the City the various City, county and state codes, including but not limited to the Health, Building, Housing, Electrical, Plumbing and Fire Codes, subject to any restrictions of the laws of the State of Maryland and Prince George's County; and to enforce the licensing provisions of the City, county and state within the municipal limits of the City.

(6)

Codification of general and permanent ordinances. To provide for the codification of all ordinances which have been or may hereafter be passed.

[Amended 1-5-2004 by HR 2003-21]

(7)

Community services. To provide, maintain and operate community and social services for the preservation and promotion of the health, recreation, welfare and enlightenment of the inhabitants of the City.

(8)

Cooperative activities. To make agreements with other municipalities, counties, districts, bureaus, commissions and governmental authorities for the joint performance of or for cooperation in the performance of any governmental functions.

(9)

Curfew. To prohibit the youth of the City from being in the streets, lanes, alleys or public places at unreasonable hours of the night.

(10)

Dangerous improvements. To compel persons about to undertake dangerous improvements to execute bonds with sufficient sureties conditional that the owner or contractor will pay all damages resulting from such work which may be sustained by any persons or property.

(11)

Departments, etc. To create, change and abolish offices, departments or agencies, other than the offices, departments and agencies established by this Charter, and to assign additional functions or duties to offices, departments or agencies established by this Charter, but not including the power to discontinue or assign to any other office, department or agency any function or duty assigned by this Charter to a particular office, department or agency.

(12)

Disorderly houses, etc. To suppress bawdy houses, disorderly houses and houses of ill fame.

(13)

Dogs. To regulate the keeping of dogs in the City and to provide, wherever the county does not license or tax dogs, for the licensing and taxing of the same, and to provide for the disposition of homeless dogs and dogs on which no license fee or taxes are paid.

(14)

Emergency medical services. To contribute funds for the maintenance and operation of programs providing volunteer emergency medical services to the inhabitants of the City.

(15)

Explosives, etc. To regulate or prevent the storage of gunpowder, oil or any other explosive or combustible matter, and to regulate or prevent the use of firearms, fireworks, bonfires, explosives or any other similar things which may endanger persons or property.

(16)

Filth. To compel the occupant of any premises, building or outhouse situated in the City, when the same has become filthy or unwholesome, to abate or cleanse the condition and, after reasonable notice to the owners or occupants, to authorize such work to be done by the proper officers and to assess the expense thereof against such property, making it collectible by taxes or against the occupant or occupants.

(17)

Finances and taxation. To levy, assess and collect ad valorem property taxes, to expend municipal funds for any public purpose; and to have general management and control of the finances of the City.

(18)

Fire. To suppress fires and prevent the dangers thereof and to establish and maintain a Fire Department, to contribute funds to volunteer fire companies serving the City, to inspect buildings for the purpose of reducing fire hazards, to issue regulations concerning fire hazards and to forbid and prohibit the use of fire-hazardous buildings and structures permanently or until the conditions of City fire hazard regulations are met, and to take all other measures necessary to control and prevent fires in the City.

(19)

Franchises. To regulate franchises, including but not limited to utility and quasi-utilities companies, as permitted by federal law and the laws of Prince George's County and the State of Maryland.

(20)

Gambling. To restrain and prohibit gambling, betting, wagering and other games of chance.

(21)

Garbage. To prevent the deposit of any unwholesome substance, either on private or public property, and to compel its removal to designated points, and to require slops, garbage, ashes and other waste or other unwholesome materials to be removed to designated or to require the occupants of the premises to place them conveniently for removal.

(22)

Grants-in-aid. To accept gifts and grants of federal or of state funds from the federal or state governments or any agency thereof and to expend the same for any lawful public purpose agreeably to the conditions which the gifts or grants were made.

(23)

Hawkers, etc. To license, tax, regulate, suppress and prohibit vendors, hawkers and itinerant dealers, peddlers, pawnbrokers and all persons selling any articles on the streets of the City and to revoke such licenses.

(24)

Jail. To establish and regulate a station house or lockup for the temporary confinement of violators of the laws and ordinances of the City.

(25)

Licensing and regulation of business, etc., fees for licenses and permits. Subject to any restrictions imposed by the public general laws of the state, to license and regulate all persons beginning or conducting transient or permanent business in the City for the sale of any goods, wares, merchandise or services; to license and regulate any business, occupation, trade, calling or place of amusement or business; and to establish and collect fees and charges for all licenses and permits issued under the authority of this Charter.

(26)

Liens. To provide that any valid charges, taxes or assessments made against any real property within the City shall be liens upon such property, to be collected as municipal taxes are collected.

(27)

Livestock, etc. To regulate and prohibit the running at large of cattle, horses, swine, fowl, sheep, goats, dogs or other animals and to authorize the impounding, keeping, sale and redemption of such animals when found in violation of the ordinance in such cases provided.

(28)

Markets. To obtain, by lease or by rent, own, construct, purchase, operate and maintain public markets within the City.

(29)

Minor privileges in use of public ways, etc. To regulate or prevent the use of public ways, sidewalks and public places for signs, awnings, posts, steps, railings, entrances, racks, posting handbills and advertisements and display of goods, wares and merchandise.

(30)

Noise. To regulate or prohibit loud or unreasonable noises, including the ringing of bells, crying of goods or sounding of whistles and horns.

(31)

Parking facilities. To license and regulate and to establish, obtain, by purchase, by lease or by rent, own, construct, operate and maintain parking lots and other facilities for off-street parking.

(32)

Parking meters. To install parking meters on the streets and public places of the City in such places as they shall, by ordinance, determine and, by ordinance, to prescribe rates and provisions for the use thereof, except that the installation of parking meters on any street, road or highway maintained by the appropriate division of the State of Maryland shall first be approved by said division.

(33)

Parks and recreation. To establish and maintain public parks, gardens, playgrounds and other recreational facilities and programs to promote the health, welfare and enjoyment of the inhabitants of the City.

(34)

Police powers. To establish, operate and maintain a police force, which shall protect the inhabitants of the City and provide for said inhabitants' welfare and safety. All City policemen shall have the powers and authority given other police officers as defined in the Annotated Code of Maryland.

(35)

Property. To acquire, by conveyance, purchase or gift, real or leasable property for any public purposes, to erect buildings and structures thereon for the benefit of the City and its inhabitants, to convey any real or leasehold property when no longer needed for the public use after having given at least twenty (20) days' public notice of the proposed conveyance, and to control, protect and maintain public buildings, grounds and property of the City.

(36)

Sidewalks. To regulate the use of sidewalks and all structures in, under or above the same, to require the owner or occupant of premises to keep the sidewalks in front thereof free from snow or other obstructions, and to prescribe hours for cleaning sidewalks.

(37)

Sweepings, etc., deposited on public way, etc. To regulate or prevent the throwing or depositing of sweepings, dust, ashes, offal, garbage, paper, handbills, dirty liquids or other unwholesome materials into any public way or onto any public or private property in the City.

(38)

Taxicabs. To license, tax and regulate public hackmen, taxicab men, draymen, drivers, cabmen, porters and expressmen and all other persons pursuing like occupations.

(39)

Urban renewal.

(a)

To acquire, within the City's boundary lines, land and property of every kind, single family or multiple family dwelling unit, and any right, interest, franchise, easement or privilege therein, by purchase, lease, gift, condemnation or any other legal means, for development or redevelopment, including, but not limited to, the comprehensive renovation or rehabilitation thereof, and to sell, lease, convey, transfer or otherwise dispose of any of said land or property, regardless of whether or not it has been developed, redeveloped, altered or improved and irrespective of the manner or means in or by which it may have been acquired, to any private, public or quasi-public corporation, partnership, association, person or other legal entity.

(b)

Before the acquisition of any single family or multiple family dwelling unit, or other structure is made under this paragraph, a finding or determination shall be made that:

(1)

The dwelling unit or structure has deteriorated to such extent as to constitute a serious and growing menace to the public health, safety and welfare;

(2)

The dwelling unit or structure is likely to continue to deteriorate unless corrected;

(3)

The continued deterioration of the dwelling unit or structure will contribute to the blighting or deterioration of the area immediately surrounding the dwelling unit or structure; and

(4)

The owner of the dwelling unit or structure has failed to correct the deterioration thereof.

(c)

The City Council shall adopt an ordinance for each acquisition of land or property made.

(40)

Vehicles. To regulate and license wagons and other vehicles not subject to the licensing powers of the State of Maryland.

(41)

Voting machines. To purchase, lease, borrow, install and maintain voting machines for use in City elections.

(42)

Zoning. To exercise the powers as to zoning conferred upon municipal corporations by the Prince George's County Code and the Annotated Code of Maryland, subject, however, to the limitations and provisions of said Codes.

Enumeration not exclusive. The enumeration of powers in this section is not to be construed as limiting the powers of the City to the several subjects mentioned.