[HISTORY: Adopted by the Mayor and Council of the Town of
Chesapeake City as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-8-1976 as
Art. 19 of the 1976 Code]
For the purposes of this article the following terms, phrases,
words, and their derivations shall have the meaning given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory.[1]
The Town Inspector (or other official authorized to issue
the permits granted hereunder) of the Town of Chesapeake City.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The entire area of the dedicated rights-of-way within the
limits of the Town of Chesapeake City.
The Town of Chesapeake City.
[1]
Editor's Note: The definitions of "Director" and "Engineer"
which appeared in this section were repealed 5-22-2023 by Ord. No.
2023-003.
It shall be unlawful for any person to begin to construct, reconstruct,
repair, alter, grade, dig up, cut, break, destroy, or grade any sidewalk,
curb, curb cut, driveway, pavement, culvert or drain pipe, ditch,
tree, traffic control device, streetlight, utility pole, or other
facility or area within the public streets without obtaining a permit
from the Inspector as provided in this article.
An applicant for a permit hereunder shall file with the Inspector
an application showing:
A.
Name and address of the owner or agent in charge of the property
abutting the proposed work area.
B.
Name and address of the party doing the work.
C.
Location of the work area.
D.
Attached plans showing details of the proposed alteration.
E.
Estimated cost of the alteration.
F.
Such other information as the Inspector shall find reasonably necessary
to the determination of whether a permit should issue hereunder.
The Mayor and Council of the Town of Chesapeake City shall,
from time to time, set and enact by resolution such fees as deemed
necessary to cover the costs of administering the provisions of this
article. Fees shall be of two types, filing fees, and inspection and
engineering fees.
A.
Filing fees. The filing fees shall be flat rate fees regardless of
the estimated cost of the work.
B.
Inspection and engineering fees. Inspection and engineering fees,
for services performed in behalf of an applicant or permittee hereunder,
shall be computed from a schedule of charges based on anticipated
actual costs.
The Inspector shall have the authority to require an applicant
hereunder to file a bond conditioned to protect and save harmless
the Town from all claims for damages or injury to other persons by
reason of such alteration work. The following bonds shall accompany
an application for a permit hereunder:
A.
Maintenance and construction. In cases where the estimated cost of
the project shall exceed $500 the Inspector shall require a maintenance
and construction bond to be filed with the application for a permit
hereunder in an amount equal to half of the estimated cost of the
project and conditioned that such work shall be done in accordance
with the Town standard specifications and guaranteeing the same for
a period of one year.
B.
Failure of compliance by permittee. In any case where a permittee
hereunder shall be in default or shall fail to comply with the requirements
of this article the Town of Chesapeake City shall order the completion
of the work by the Town and shall recover the cost from the permittee
as required by law.
The Inspector shall issue a permit hereunder when he finds that:
A.
The work shall be done according to the standard specifications of
the Town, as may be established from time to time by the Mayor and
Council, for public work of like character.
B.
The operation will not unreasonably interfere with vehicular and
pedestrian traffic, the demand and necessity for parking spaces, and
the means of egress to and from the property affected and adjacent
properties.
C.
The health, welfare and safety of the public will not be unreasonably
impaired.
D.
The plans for the proposed operation have been approved by the Mayor
and Council, to whom they shall be forwarded by the Inspector within
a reasonable time after receipt thereof.
All operations for which a permit is granted hereunder shall be under the direction and supervision of the Mayor and Council or its duly authorized representative. The Town of Chesapeake City or its representative shall have the authority to cause all operations for which a permit is granted hereunder to cease when the permittee fails to comply with any of the standards as specified under § 238-6 above.
Where the use, convenience and necessity of the public require,
the Mayor and Council shall have the authority to order the owners
or agents in charge of property adjacent to which curb cuts or other
facilities are maintained to alter the curb cut or other facilities
in such manner as shall be reasonably necessary under the circumstances.
Any person violating any of the provisions of this article,
or any part of a provision of this article, shall upon conviction
for each violation be fined not less than $10 nor more than $25, and
upon failure to pay the fine shall be imprisoned until the fine is
paid, but not exceeding 25 days.
[Adopted 9-11-2000 by Ord. No. 8-2-00]
It shall be unlawful for any person or persons to obstruct,
block, or in any manner interfere with the free and uninterrupted
use of the public streets, alleys and parking spaces and area by the
placement or leaving of any vehicle, barricade, fence, material, furniture
or object.
[Amended 5-22-2023 by Ord. No. 2023-003]
Violation of this article shall be a municipal infraction as
provided in § 6-102 of the Local Government Article of the
Annotated Code of Maryland punishable by a fine in the amount of $25.
Each day that a violation continues shall constitute a separate offense.
