A.
General powers. The Council shall have the power to pass all such
ordinances not contrary to the Constitution and laws of the State
of Maryland or this Charter as it may deem necessary for the good
government of the city; for the protection and preservation of the
city's property, rights and privileges; for the preservation
of peace and good order; for securing persons and property from violence,
danger or destruction; and for the protection and promotion of the
health, safety, comfort, convenience, welfare and happiness of the
residents of the city and visitors thereto and sojourners therein.
B.
Specific powers. The Council shall have, in addition, the power to
pass ordinances not contrary to the laws and Constitution of this
state for the following specific purposes:
(1)
Advertising. To provide for advertising for the purposes of the city,
for printing and publishing statements as to the business of the city.
(2)
Amusements. To provide, in the interest of the public welfare, for
licensing, regulating or restraining theatrical or other public amusements.
(3)
Appropriations. To appropriate municipal moneys for any purpose within
the powers of the Council.
(4)
Band. To establish a municipal band, symphony orchestra or other
musical organization and to regulate by ordinance the conduct and
policies thereof.
(5)
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.
(6)
Bridges. To erect and maintain bridges.
(7)
Buildings. To make reasonable regulations in regard to buildings
and signs to be erected, constructed or reconstructed in the city
and to grant building permits for the same; to formulate a Building
Code and a Plumbing Code and to appoint a Building Inspector and a
Plumbing Inspector and to require reasonable charges for permits and
inspections; to authorize and require the inspection of all buildings
and structures and to authorize the condemnation thereof, in whole
or in part, when dangerous or insecure and to require that such buildings
and structures be made safe or be taken down; and to regulate and
prevent the obstruction of aisles in public halls, churches and places
of amusement and to regulate the construction and operation of the
doors and means of egress therefrom.
(8)
Cemeteries. To regulate or prohibit the interment of bodies within
the municipality and to regulate cemeteries.
(9)
Codification. To provide for the codification of all ordinances which
have been or may hereafter be passed.
(10)
Commercial management authority. In accordance with the provisions
of this subsection, to establish a commercial district management
authority for any commercial district within its geographical limits.
As to each authority it establishes, the Council shall:
(11)
Commercial redevelopment. To make use of federal or state financial
assistance for commercial or industrial redevelopment projects and
for the purpose of making grants and loans or guaranteeing loans to
private entities, provided that the authority granted by this subsection
may be used only for commercial or industrial redevelopment projects
and may not be used for residential or housing projects.
(12)
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.
(13)
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.
(14)
Curfew. To prohibit the youth of the city from being in the
streets, lanes, alleys or public places at unreasonable hours.
(15)
Dangerous conditions. To compel persons about to undertake dangerous
improvements to execute bonds with sufficient sureties conditioned
that the owner or contractor will pay all damages resulting from such
work which may be sustained by any persons or property.
(16)
Departments. 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.
(17)
Discharge of appointees. To remove or temporarily suspend from
office any person who has been appointed to any municipal office and
who, after due notice and hearing, is adjudged to have been guilty
of inefficiency, malfeasance, misfeasance, nonfeasance, misconduct
in office or insubordination and to fill the vacancy caused by such
removal or suspension.
(18)
Disorderly houses. To suppress bawdy houses, disorderly houses
and houses of ill fame.
(19)
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.
(20)
Elevators. To require the inspection and licensing of elevators
and to prohibit their use when unsafe or dangerous or without a license.
(21)
Explosives. To regulate or prevent the storage of gunpowder,
petroleum products 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.
(22)
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.
(23)
Finances. 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.
(24)
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; to install and maintain fire plugs
where and as necessary and to regulate their use; and to take all
other measures necessary to control and prevent fires in the city.
(25)
Food. To inspect and to require the condemnation, if unwholesome,
of, and to regulate the sale of, any food products.
(26)
Franchises.
(a)
To grant and regulate franchises to water companies, sewer companies,
electric light companies, gas companies, telegraph and telephone companies,
transit companies, taxicab companies and any others which may be deemed
advantageous and beneficial to the city, subject, however, to the
limitations and provisions of the laws of the State of Maryland.
(b)
To grant franchises as provided under existing public general
or public local laws, to grant one or more exclusive or nonexclusive
franchises for a community antenna system or other cable television
system that utilizes any public right-of-way, highway, street, road,
lane, alley or bridge, to impose franchise fees and to establish rates,
rules and regulations for franchises granted under this subsection.
(27)
Funds. To expend municipal funds for any purpose deemed to be
public and to affect the safety, health and general welfare of the
city and its occupants, provided that funds not appropriated at the
time of the annual levy shall not be expended, nor shall any funds
appropriated be expended for any purpose other than that for which
appropriated, except by a two-thirds vote of all members elected to
said Council.
(28)
Gambling. To restrain and prohibit gambling.
(29)
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 points
or to require the occupants of the premises to place them conveniently
for removal.
(30)
Grants in aid. To accept gifts and grants of federal, state
or county funds from the federal, state or county government or any
agency thereof and to expend the same for any lawful public purpose
agreeable to the conditions under which the gifts or grants were made.
(31)
Hawkers. To license, tax, regulate, suppress and prohibit hawkers
and itinerant dealers, peddlers, pawnbrokers and all other persons
selling any articles on the streets of the city and to revoke such
licenses for cause.
(32)
Health. To protect and preserve the health of the city and its
inhabitants; to appoint a Public Health Officer and to define and
regulate his or her powers and duties; to prevent the introduction
of contagious diseases into the city; to establish quarantine regulations
and to authorize the removal and confinement of persons having contagious
or infectious diseases; to prevent and remove all nuisances; and to
inspect, regulate and abate any buildings, structures or places which
cause or may cause unsanitary conditions or conditions detrimental
to health, provided that nothing herein shall be construed to affect
in any manner any of the powers and duties of the State Board of Health,
the County Board of Health or any public general or local law relating
to the subject of health.
(33)
House numbers. To regulate the numbering of houses and lots
and to compel owners to renumber the same or, in default thereof,
to authorize and require the same to be done by the city at the owner's
expense, such expense to constitute a lien upon the property collectible
as tax moneys.
(34)
Infrastructure inspections. To authorize and require the inspection
of gas pipes, water pipes, plumbing apparatus, electric lines and
wires and drainage and sewage systems on private property and to compel
repairs thereon.
(35)
Jail. To establish and regulate a station house or lockup for
temporary confinement of violators of the laws and ordinances of the
city or to use the county jail for such purpose.
(36)
Licenses. Subject to any restriction imposed by the public general
laws of the state, to license and regulate all persons beginning or
conducting a 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.
(37)
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.
(38)
Lights. To provide for the lighting of the city.
(39)
Livestock. 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.
(40)
Markets. To obtain by lease or rent, own, construct, purchase,
operate and maintain public markets within the city.
(41)
Minor privileges. 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.
(42)
Noise. To regulate or prohibit unreasonable ringing of bells,
crying of goods or sounding of whistles and horns, sirens or electronic
devices.
(43)
Nuisances. To prevent or abate by appropriate ordinance all
nuisances in the city which are so defined at common law, by this
Charter or by the laws of the State of Maryland, whether the same
are herein specifically named or not, and to regulate, to prohibit,
to control the location of or to require the removal from the city
of all trading in, handling of or manufacture of any commodity which
is or may become offensive, obnoxious or injurious to the public comfort
or health. In this connection the city may regulate, prohibit, control
the location of or require the removal from the city of such things
as stockyards, slaughterhouses, cattle or hog pens, tanneries, renderies,
livestock and poultry. This listing is by way of enumeration, not
limitation.
(44)
Obstructions. To remove all nuisances and obstructions from
the streets, lanes and alleys and from any lots adjoining thereto
or any other places within the limits of the city.
(45)
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.
(46)
Parking meters. To install parking meters on the streets and
public places of the city in such places as it shall be determined
and to prescribe rates and provisions for the use thereof.
(47)
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.
(48)
Police force. To establish, operate and maintain a police force.
All city police officers shall, within the municipality and beyond
the corporate boundaries, have the powers and authority to keep and
enforce the laws of the State of Maryland and of the City of Taneytown.
(49)
Police powers.
(a)
To enforce all ordinances and laws of the city and state equally
within the limits of the city and beyond to a distance set by Council
and not to exceed the authority limits as granted by the state in
Article 27, § 602B, of the Annotated Code of Maryland or
for so much of this distance as does not conflict with the powers
of another municipal corporation.
(b)
Mutual aid agreements.
[1]
Authority to send police and equipment beyond territorial limits.
By action as in the regular routine for legislative enactments, the
Council may determine the circumstances under which the police officers
and other officers, agents and employees of the city, together with
all necessary equipment, may lawfully go or be sent beyond the territorial
limits of the county or municipal corporation, as the case may be,
to any point within or without the State of Maryland.
[2]
Actions deemed to be for public and governmental purpose; immunity
of city from liability. In such event the acts performed for this
purpose by the police officers or other officers, agents or employees
and the expenditures made for these purposes by the city shall be
deemed conclusively to be for a public and governmental purpose, and
all of the immunities from liability enjoyed by the city when acting
through its police officers or other officers, agents or employees
for a public or governmental purpose within its territorial limits
shall be enjoyed by it to the same extent when the city is so acting,
under Article 27, § 602B, of the Annotated Code of Maryland
or under other lawful authority, beyond its territorial limits.
[3]
Immunity of police from liability; application of employee benefits.
The police officers and other officers, agents and employees of the
city, when acting under this subsection or under other lawful authority
beyond the territorial limits of the city within the state shall have
all the immunity from liability described under § 5-328
of the Courts Article of the Annotated Code of Maryland and exemptions
from laws, ordinances and regulations and have all of the pension,
relief, disability, workers' compensation and other benefits
enjoyed by them while performing their respective duties within the
territorial limits of the city.
[4]
Authority to enter into reciprocal agreements; required provisions. The Council may enter into reciprocal agreements for such periods as it deems advisable with any county, municipal corporation or the Maryland-National Capital Park and Planning Commission, in or outside the state, including the District of Columbia, in order to establish and carry into effect a plan to provide mutual aid through the furnishing of its police and other employees and agents, together with all necessary equipment, in the event of an emergency as provided in Subsection B(49)(b)[1] of this section. The Council may not enter into an agreement unless the agreement provides that each of the parties to the agreement shall waive any and all claims against all the other parties thereto which may arise out of their activities outside their respective jurisdictions under such agreement and indemnify and save harmless the other parties to such agreement from all claims by third parties for property damage or personal injury which may arise out of the activities of the other parties to such agreement, outside their respective jurisdictions under such agreement.
[5]
Liability insurance. The Council may procure or extend the necessary
public liability insurance to cover claims arising out of mutual aid
agreements executed with another county or municipal corporation outside
the state.
[6]
Authority of out-of-state police to enforce state laws. The
police officers and other officers, agents and employees coming into
this state pursuant to a reciprocal agreement as provided for elsewhere
in this subsection are authorized to enforce the laws of the State
of Maryland to the same extent as if they were duly authorized law
enforcement officers of any county or municipality in the State of
Maryland.
(50)
Procurement. To provide for the purchase of materials, supplies
and equipment through the Purchasing Bureau of the State Department
of General Services whenever desirable.
(51)
Property. To acquire, by conveyance, purchase or gift, real,
personal 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 or personal property when no longer
needed for the public use, after having given at least 20 days'
public notice of the proposed conveyance; and to control, protect
and maintain public buildings, grounds and property of the city.
(52)
Regulations. To adopt by ordinance and enforce within the corporate
limits police, health, sanitary, fire, building, plumbing, traffic,
speed, parking and other similar regulations not in conflict with
the laws of the State of Maryland or with this Charter.
(53)
Rewards. To offer and pay rewards for information relating to
criminal activity committed within the city.
(54)
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.
(55)
Surety bond. To provide surety bond with such corporate surety
in an amount as determined by the Council for any elected or appointed
official or employee of the city.
(56)
Sweepings. 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.
(57)
Taxicabs. To license, tax and regulate public hackmen, taxicab
men, draymen, drivers, cabmen, porters and expressmen and all other
persons pursuing like occupations.
(58)
Tree trimming. To regulate and control the planting, trimming,
destroying or removal of trees, bushes or their broken or fallen parts
in or upon or from any public way of said city or within its corporate
limits, without the necessity of any other authority or permission
than is hereby given.
(59)
Urban renewal authority. In addition to the authority provided elsewhere in this section, and provided that the municipal corporation has urban renewal authority granted under Article III, Section 61 of the Maryland Constitution:
(a)
Subject to the provisions of Article 23A, § 2, Subsection
(37)(iv), of the Annotated Code of Maryland, to acquire, within the
boundary lines of the municipal corporation, land and property of
every kind, 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
(b)
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.
(60)
Vehicles. To regulate and license wagons and other vehicles
not subject to the licensing powers of the State of Maryland.
(61)
Voting machines. To purchase, lease, borrow, install and maintain
voting machines for use in city elections.
(62)
Zoning. To exercise the powers as to planning and zoning conferred
upon municipal corporations generally in Article 66B of the Annotated
Code of Maryland, subject, however, to the limitations and provisions
of said article.
C.
Saving clause. The enumeration of powers in this section is not to
be construed as limiting the powers of the city to the several subjects
mentioned.
For the purpose of carrying out the powers granted in this article
or elsewhere in this Charter, the Council may pass all necessary ordinances.
All the powers of the city shall be exercised in the manner prescribed
by this Charter or, if the manner is not prescribed, then in such
manner as may be prescribed by ordinance.
A.
The Council shall have the power to provide that any violation of
the Code of the City of Taneytown shall be a misdemeanor. Unless otherwise
specified as an infraction, all such violations shall be a misdemeanor
and, unless otherwise set forth in the Code, shall have as a penalty
for each such violation a fine not exceeding $1,000 or imprisonment
not to exceed six months, or both such fine and imprisonment.
B.
The Council may provide that violation 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 article, a municipal infraction is a civil offense.
(1)
A fine not to exceed $1,000 may be imposed for each conviction of
a municipal infraction. The fine is payable by the offender to the
city within 20 days of receipt of a citation. Each day a violation
continues shall constitute a separate offense.
(2)
Any person receiving a citation for an infraction may elect to stand
trial for the offense by notifying the city, 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.
(3)
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.
