[Adopted 12-19-1983 as
HB No. 15-83]
Be it enacted and ordained by the Mayor and Council of the City
of Hyattsville.
The Charter, the ordinances and certain resolutions of a general
and permanent nature, have been approved, adopted, ordained and enacted
as the "Code of the City of Hyattsville, Maryland," hereinafter known
and referred to as the "Code."
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.
All provisions of this ordinance of the Code shall be in full
force and effect on and after December 19, 1983.
A copy of the Code in loose-leaf form serially numbered Number
"1" has been filed in the office of the City Clerk 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 of the City of Hyattsville
by impressing thereon the Seal of the City, and such certified copy
shall remain on file in the office of the Clerk of the City, to be
made available to persons desiring to examine same during all times
while the Code is in effect.
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
City of Hyattsville, Maryland" 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.
The Clerk of the City of Hyattsville, pursuant to law, shall
cause to be published, in the manner required, a copy of this adopting
ordinance in a newspaper of general circulation in the City. Sufficient
copies of the Code shall be maintained in the office of the Clerk
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.
It shall be the duty of the Clerk, or someone authorized and
directed by her, to keep up-to-date the certified copy of the book
containing the Code required to be filed in 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.
Copies of the Code book containing the Code may be purchased
from the Clerk upon the payment of a fee to be set by resolution of
the Mayor and Council, who may also arrange, by resolution, for procedures
for the periodic supplementation thereof.
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 City of Hyattsville to be misrepresented thereby. Any
violation of this section shall be punishable as a misdemeanor, the
penalty for which shall be a fine not to exceed $500 or imprisonment
for a term not to exceed 90 days, or both such fine and imprisonment.
Each section of the Code and every part of each section is an
independent section or part of section, and the holding of any section
or a part thereof 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.
Each section of this ordinance is an independent section, and
the holding of any section or part thereof 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.
All ordinances or parts of ordinances of a general and permanent
nature adopted and in force on the date of the adoption of this ordinance
and not contained in the Code are hereby repealed as of the effective
date of this adopting ordinance, except as hereinafter provided.
The adoption of this Code and repeal of ordinances provided for in §
1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. Any ordinance adopted subsequent to October 3, 1983.
B. 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.
C. Any offense or act committed or done before the effective date of
this ordinance in violation of any legislative provisions or any penalty,
punishment or forfeiture which may result therefrom.
D. 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.
E. Any franchise, license, right, easement or privilege heretofore granted
or conferred.
F. 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.
G. By 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 City's indebtedness.
H. Ordinances authorizing the purchase, sale, lease or transfer of property
or any lawful contract or obligation.
I. The levy or imposition of taxes, assessments or charges.
J. The dedication of property or approval of preliminary or final subdivision
plats.
K. Ordinances establishing the amount and manner of payment of salaries
or compensation of officers and employees, establishing workdays and
working hours of certain employees and providing for holidays and
vacations for employees and keeping of employment records.
L. All legislation pertaining to vehicles and traffic and all amendments
thereto.
A. In compiling and preparing the ordinances for adoption and revision
as part of the Code, certain grammatical changes and other minor changes
were made in one or more of said ordinances. It is the intention of
the 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.
B. In addition, the following changes, amendments or revisions 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.)
Pursuant to § 8B of Art. 23A of the Annotated Code
of Maryland, a copy of the Code of the City of Hyattsville containing
the Charter shall be deposited with the required state agencies.
This measure shall be deemed an emergency measure effective
from the date of passage.