[Amended 7-1-2013 by Res.
No. 2013-04]
Before entering upon the duties of their office, the Mayor,
the Councilmembers, the Clerk-Treasurer, the members of the Board
of Supervisors of Elections, and all other persons elected or appointed
to any office of profit or trust in the Town government shall take
and subscribe to the following oath or affirmation: "I, _____________________________
do swear (or affirm, as the case may be), that I will support the
Constitution of The United States; and that I will be faithful and
bear true allegiance to the State of Maryland, and support the Constitution
and Laws thereof; and that I will, to the best of my skill and judgment,
diligently and faithfully, without partiality or prejudice, execute
the office of _________________________, according to the Constitution
and Laws of this State."
The Mayor shall take and subscribe this oath or affirmation
before the Clerk of the Circuit Court for Kent County or before one
of the sworn deputies of the Clerk. All other persons taking and subscribing
the oath shall do so before the Mayor.
[Amended 7-1-2013 by Res.
No. 2013-04]
The Clerk-Treasurer, and such other officers or employees of
the Town as the Council or this Charter may require, shall give bond
in such amount and with such surety as may be required by the Council.
The premiums on such bonds shall be paid by the Town.
[Amended 7-1-2013 by Res.
No. 2013-04]
All right, title, and interest held by the Town or any other
person or corporation at the time this Charter is adopted, in and
to any lien acquired under any prior Charter of the Town, are hereby
preserved for the holder in all respects as if this Charter had not
been adopted, together with all rights and remedies in relation thereto.
This Charter shall not discharge, impair, or release any contract,
obligation, duty, liability, or penalty whatever existing at the time
this Charter becomes effective. All suits and actions, both civil
and criminal, pending, or which may hereafter be instituted for causes
of action now existing or offenses already committed against any law
or ordinance repealed by this Charter, shall be instituted, proceeded
with, and prosecuted to final determination and judgment as if this
Charter had not become effective.
[Amended 7-1-2013 by Res.
No. 2013-04]
(1)
Every act or omission which, by ordinance, is made a misdemeanor
under the authority of this Charter, unless otherwise provided, shall
be punishable upon conviction before the District Court of Maryland
or in the Circuit Court for Kent County by a fine not exceeding one
thousand dollars ($1,000.00) or imprisonment for six (6) months in
the Kent County Detention Center, or both, in the discretion of the
court or trial magistrate. The party aggrieved shall have the right
to appeal as is now provided under the general laws of the state.
Where the act or omission is of a continuing nature and is persisted
in, a conviction for one offense shall not be a bar to a conviction
for a continuation of the offense subsequent to the first or any succeeding
conviction.
(2)
The Mayor and Council may provide that violations of any municipal
ordinance shall be a municipal infraction unless that violation is
declared to be a felony or misdemeanor by the laws of the state or
other ordinance. For purposes of this section a municipal infraction
is a civil offense. A fine not to exceed five hundred dollars ($500.00)
may be imposed for each conviction of a municipal infraction. The
fine is payable by the offender to the Town within twenty (20) calendar
days of receipt of a citation. Repeat offenders may be assessed a
fine not to exceed one thousand dollars ($1,000.00) for each repeat
offense, and each day a violation continues shall constitute a separate
offense. Any person receiving a citation for an infraction may elect
to stand trial for the offense by notifying the Town in writing of
this intention at least five days prior to the date set for payment
of the fine. Failure to pay the fine or to give notice of intent to
stand trial may result in an additional fine or adjudication by the
court. Adjudication of a municipal infraction is not a criminal conviction
for any purpose, nor does it impose any of the civil disabilities
ordinarily imposed by a criminal conviction.
(a)
All ordinances, resolutions, rules, and regulations in effect in
the Town at the time this Charter becomes effective which are not
in conflict with the provisions of this Charter shall remain in effect
until changed or repealed according to the provisions of this Charter.
(b)
All ordinances, resolutions, rules, and regulations in effect in
the Town at the time this Charter becomes effective which are in conflict
with the provisions of this Charter be and the same hereby are repealed
to the extent of such conflict.
If any section or part of section of this Charter shall be held
invalid by a court of competent jurisdiction, such holding shall not
affect the remainder of this Charter nor the context in which such
section or part of section so held invalid shall appear, except to
the extent that an entire section or part of section may be inseparably
connected in meaning and effect with the section or part of section
to which such holding shall directly apply.
Wherever in this subtitle the word "Town" shall appear, it shall
be taken and construed to mean also the word "city."
