[HISTORY: Adopted by the Mayor and Council of the Town of
Smithsburg as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-3-2004 as §§ 1-201 to 1-204 and 1-207 to 1-209
of the 2004 Code]
The ordinances embraced in the following chapters and sections
shall constitute and be designated as the "Code of the Town of Smithsburg,
Maryland," and may be so cited. The Code may also be cited as "Smithsburg
Town Code" or the "Code."
A.
CHARTER or TOWN CHARTER
CODE or TOWN CODE
COUNCIL
COUNTY
KEEPER and PROPRIETOR
LEGISLATIVE BODY
MAYOR
MONTH
OATH
OWNER
PERSON
PERSONAL PROPERTY
POLICE OFFICER
PRECEDING and FOLLOWING
PROPERTY
PUBLIC WORKS DIRECTOR
REAL PROPERTY
SIDEWALK
SIGNATURE or SUBSCRIPTION
STATE or THIS STATE
STREET
TENANT or OCCUPANT
THE TOWN, THIS TOWN or THE TOWN OF SMITHSBURG
TOWN CLERK-TREASURER
TOWN MANAGER
TRAILER
WRITING and WRITTEN
YEAR
As
used in this Code, the following terms shall have the meanings indicated:
The Charter of the Town of Smithsburg, Maryland.
The Code of the Town of Smithsburg, Maryland.[1]
[Amended 3-4-2014]
The Council of the Town of Smithsburg.
Washington County, Maryland.
Includes persons, firms, associations, corporations, clubs
and copartnerships, whether acting by themselves or a servant, agent
or employee.
The Mayor and Council of Smithsburg, Maryland.
The Mayor of the Town of Smithsburg, Maryland.
A calendar month.[2]
Includes an affirmation or declaration in all cases in which,
by law, an affirmation may be substituted for an oath, and in such
cases the words "swear" and "sworn" shall be equivalent to the words
"affirm" and "affirmed."
As applied to any property, includes any part owner, joint
owner, tenant in common, joint tenant or tenant by the entirety of
the whole or a part of such property.
Includes a corporation, firm, partnership, association, organization
and any other group acting as a unit, as well as an individual.
Includes every species of property except real property,
as herein defined.
Includes but is not limited to any bailiff or special bailiff
of this Town and any member of the Town Police Department having authority
to make arrests.
Next before and next after, respectively.
Includes real and personal property.
The Town's Public Works Director.
Includes lands, tenements and hereditaments.
That portion of a street between the curbline, or the lateral
lines of a roadway where there is no curb, and the adjacent property
line, intended for the use of pedestrians.
Includes a mark when the person cannot write, his name being
written near it and witnessed by a person who writes his own name
as witness.
The State of Maryland.
Includes any public way, road, highway, street, avenue, boulevard,
parkway, alley, lane, viaduct, bridge and the approaches thereto within
the Town and shall mean the entire width thereof between abutting
property lines. It shall also be construed to include a sidewalk or
footpath, unless the contrary is expressed or unless such construction
would be inconsistent with the manifest intent of the legislative
body.
As applied to a building or land, includes any person who
occupies the whole or a part of such building or land, whether alone
or with others.
[Amended 3-4-2014]
The Town's Clerk-Treasurer as used in the Town Charter.
The Town's Clerk-Treasurer, unless otherwise specifically
designated by ordinance.
A vehicle that:
Includes printing and any other mode of representing words,
letters and figures.
A calendar year, except where a fiscal year is specifically
referred to or implied, as in fiscal matters.
B.
In
the construction of this Code and of all ordinances, the following
rules shall be observed, unless such construction would be inconsistent
with the manifest intent of the Mayor and Council:
(1)
All words and phrases shall be construed and understood according
to the common and approved usage of the language, but technical words
and phrases and such others as may have acquired a peculiar and appropriate
meaning in the law shall be construed and understood according to
such peculiar and appropriate meaning.
(2)
The singular always includes the plural, and vice versa, except where
such construction would be unreasonable.
(3)
Computation of time. The time within which an act is to be done shall
be computed by excluding the first and including the last day, and
if the last day is Sunday or a legal holiday, it shall be excluded.
(4)
Gender. Words importing the masculine gender shall include the feminine
and neuter, and vice versa.
(5)
Joint authority. All words giving a joint authority to three or more
persons or officers shall be construed as giving such authority to
a majority of such persons or officers.
(6)
May. The word "may" is permissive.
(7)
Number. Words used in the singular include the plural, and the plural
includes the singular number.
(8)
Official time standard. Whenever certain hours are named in this
Code, they shall mean standard time or daylight saving time, whichever
may be in current use in the Town.
(9)
Or; and. The word "or" may be read "and" and the word "and" may be
read "or" where the sense requires it.
(10)
Shall. The word "shall" is mandatory.
(11)
Time. Words used in the past or present tense include the future
as well as the past and present.
The catchlines of the several sections of this Code are intended
as mere catchwords to indicate the contents of the sections and shall
not be deemed or taken to be titles of such sections, nor as any part
of such sections, nor, unless expressly so provided, shall they be
deemed when any of such sections, including the catchlines, are amended
or reenacted.
A.
The
repeal of an ordinance shall not revive any ordinances in force before
or at the time the ordinance repealed took effect.
B.
The
repeal of an ordinance shall not affect any punishment or penalty
incurred before the repeal took effect nor any suit, prosecution or
proceeding pending at the time of the repeal for an offense committed
under the ordinance repealed.
A.
The
Seal heretofore provided and used for the corporate purposes of the
Mayor and Council of Smithsburg, the face of which contains the words
"Corporation of Smithsburg, Md." and in the center of which is the
word "Seal" thereon, shall be and it is hereby established and declared
to have been and now to be the official and corporate Seal of the
Mayor and Council of Smithsburg.
B.
The
Town Clerk-Treasurer shall be the keeper of the Seal of the corporation
of Smithsburg and shall affix or make an impression thereof on all
ordinances and papers requiring the corporation Seal.
A.
Unless
otherwise provided herein, any person found guilty of violating any
provision of this Code, which violation is a misdemeanor as defined
herein, shall be subject to a fine not to exceed $1,000 or imprisonment
not to exceed six months, or both such fine and imprisonment. Each
day such violation continues shall constitute a separate offense.
B.
Any
person found guilty of violating a provision of this Code, which violation
is an infraction as declared herein, shall be guilty of a municipal
infraction and subject to a fine not to exceed $1,000. The fine shall
be paid by the offender to the Town of Smithsburg within 20 calendar
days of receipt of a citation. Repeat offenders may be assessed a
fine not to exceed $1,000 for each repeat offense. Each day a violation
continues shall, unless otherwise provided, constitute a separate
or repeat offense.
[Amended 3-5-2013]
C.
Misdemeanors
and infractions; procedures.
(1)
Misdemeanor. A "misdemeanor" is:
(a)
A criminal offense, not amounting to a felony, arising from a violation
of a law of the state, which violation is defined as a misdemeanor;
or
(b)
Unless otherwise specified, a violation of any section of the Code
of the Town of Smithsburg. All violations of this Code shall be treated
as misdemeanors unless specifically declared to be infractions.
(2)
Infraction. "Infraction" shall mean a municipal infraction as defined
by state law and is any violation of this Code, which violation has
been specifically declared to be an infraction. For purposes of this
Code, an infraction is a civil offense.
[Amended 3-5-2013]
(3)
Issuance of citation. Those enforcement officials authorized by the
Mayor and Council to enforce this Code may deliver a citation to any
person alleged to be committing an infraction. A copy of the citation
shall be retained by the Town and shall contain, at a minimum, the
following information:
(a)
The enforcing official's certification attesting to the truth of
the matter set forth in the citation or that the citation is based
on an affidavit.
[Amended 3-4-2014]
(b)
The name and address of the person charged.
(c)
The nature of the infraction.
(d)
The location and time that the infraction occurred.
(e)
The amount of the infraction fine assessed.
(f)
The manner, location and time in which the fine may be paid to the
Town.
(g)
The person's right to elect to stand trial for the infraction.
(h)
The effect of failing to pay the assessed fine or to demand a trial
within the prescribed time.
(4)
Payment of fine. The fine for an infraction shall be as specified
in the Code section violated. The fine is payable by the recipient
of the citation to the Town of Smithsburg within 20 calendar days
of receipt of the citation.
(5)
No formal hearing by Town. The Town shall not conduct any formal
hearing for those persons in receipt of a citation of infraction.
Any offender so cited may pay the fine as indicated in the citation
or elect to stand trial for the offense. This provision shall not
prevent an offender from requesting, either personally or through
an attorney, additional information concerning the infraction.
(6)
Election to stand trial. A person receiving the citation for an infraction
may elect to stand trial for the offense by notifying the Town, in
writing, of his intention of standing trial. The notice shall be given
at least five days prior to the date of payment as set forth in the
citation.
(7)
Failure to pay fine. If a person receiving a citation for any infraction
fails to pay the fine for the infraction by the date of payment set
forth on the citation and fails to file a notice of his intention
to stand trial for the offense, the person is liable for the assessed
fine. The Town may double the fine to an amount not to exceed $1,000
and request adjudication of the case through the District Court, including
the filing of a demand for judgment on affidavit. If the person receiving
a citation for an infraction shall be found by the District Court
to have committed an infraction, the person shall be required to pay
the fine determined by the District Court, not to exceed $1,000. The
person shall also be liable for the costs of the proceeding in the
District Court, and the Court may permit the Town to abate any such
condition at the person's expense.
[Amended 3-5-2013]
A.
Whenever
the appropriate official or representative of the Town determines
that there has been a violation of this Code or has grounds to believe
that a violation has occurred, the method for notice prescribed in
this section may be used as an alternative method of notice in the
place and stead of any other method of notice otherwise set forth
in this Code or in laws of the Town which are not included in this
Code.
B.
Such
notice may be given to the owner or the person or persons responsible
therefor in the manner prescribed in this section. Notices for condemnation
procedures may also comply with this section. No additional notice
of violation is required before instituting appropriate proceeding
to restrain, correct or abate such violation, where the same violation
occurs again within 90 days of the date of the initial violation for
which a notice has already been sent. The appropriate official or
representative of the Town will establish by written order specific
times for compliance with violations and/or classes of violations.
C.
Form
of notice. Such notice prescribed in this section shall:
(1)
Be in writing;
(2)
Include a description of the real estate sufficient for identification,
assuming real estate is involved;
(3)
Include a statement of the violation or violations and why the notice
is being issued;
(4)
Include a correction order specifying the time to make the repairs
and improvements required to correct the violation or violations or
otherwise comply with the provisions of this Code;
(5)
Inform the property owner or person violating that a citation may
be issued for failure to comply; and
(6)
If applicable, inform the property owner or person violating that
costs of abatement may be assessed against the property and/or individuals
involved in or responsible for the violation.
D.
Method
of service.
(1)
Such notice shall be deemed to be properly served if a copy thereof
is:
(a)
Delivered
personally;
(b)
Sent
by certified or first-class mail addressed to the last known address
of the person violating;
(c)
If
real property is involved, sent by certified or first-class mail addressed
to the last known address of the person owning said real property
as indicated by the records of the State Department of Assessments
and Taxation; or
(d)
Delivered
by any other method of service reasonably calculated to give actual
notice.
[Amended 3-4-2014]
(2)
If the notice is returned showing that it was not delivered, a copy
thereof shall be posted in a conspicuous place in or about the structure
affected by such notice.
[Adopted 3-4-2014]
Pursuant to the authority contained in Section 31-20(b)(13) of the Town Charter, the ordinances of the Town of Smithsburg of a general and permanent nature, adopted by the Mayor and Council of the Town of Smithsburg, as revised, codified and consolidated into chapters and sections by General Code, LLC, and consisting of Chapters 1 through 405, together with an Appendix, are hereby approved, adopted, ordained and enacted as the “Code of the Town of Smithsburg,” 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.
The provisions of the Code, insofar as they are substantively
the same as those of the ordinances in force immediately prior to
the enactment of the Code by this ordinance, are intended as a continuation
of such ordinances and not as new enactments, and the effectiveness
of such provisions shall date from the date of adoption of the prior
ordinances.
A copy of the Code in loose-leaf form has been filed in the
office of the Town Clerk-Treasurer 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-Treasurer of the Town of Smithsburg by
impressing thereon the Seal of the Town, and such certified copy shall
remain on file in the office of the Clerk-Treasurer of the Town, to
be made available to persons desiring to examine the same during all
times while said 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 Town of Smithsburg” 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.
Pursuant to Section 31-12 of the Town Charter, this Adopting
Ordinance shall be published, by title or by a fair summary of the
contents thereof, at least once in a newspaper or newspapers of general
public circulation and in the Town's newsletter, if such newsletter
is regularly published at that time. Sufficient copies of the Code
shall be maintained in the office of the Clerk-Treasurer 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-Treasurer or someone authorized
and directed by the Clerk-Treasurer to keep up-to-date the certified
copy of the book containing the Code required to be filed in his or
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 may be purchased from the Clerk-Treasurer
upon the payment of a fee to be established by the Mayor and Council,
which 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 Town of Smithsburg to be misrepresented thereby. Any violation of this section shall be punishable as a misdemeanor, the penalty for which shall be as set forth in § 1-6A of this Code.
A.
Severability
of Code provisions. Each section of the Code and every part of each
section is an independent section or part of a section, and the holding
of any section or a part thereof or its application to any person
or circumstance 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.
B.
Severability
of ordinance provisions. Each section of this ordinance is an independent
section, and the holding of any section or part thereof or its application
to any person or circumstance 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.
Except as provided in § 1-19, Ordinances saved from repeal, below, all ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of Smithsburg which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
The adoption of this Code and the repeal of ordinances provided for in § 1-18 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 July 2, 2013.
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 provision 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.
Any 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 Town's
indebtedness.
H.
Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract, agreement or obligation.
I.
The levy
or imposition of taxes, assessments or charges or the approval of
the municipal budget.
J.
The dedication
of property or approval of preliminary or final subdivision plats.
K.
All currently
effective ordinances pertaining to the rate and manner of payment
of salaries and compensation of officers and employees.
L.
Any ordinance
adopting or amending the Zoning Map.
M.
Any ordinance
relating to or establishing a pension plan or pension fund for municipal
employees.
N.
Any ordinance
or portion of an ordinance establishing or amending a specific fee
amount for any license, permit or service obtained from the Town.
A.
In compiling
and preparing the ordinances for revision as part of the Code, certain
grammatical changes and other nonsubstantive minor changes were made
in one or more of said ordinances. In addition, chapter and section
number references to the ordinances may have been renumbered for consistency.
It is the intention of the Mayor and 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 changes, amendments or revisions as set forth in Schedule A, attached
hereto and made a part hereof, 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.)[1]
[1]
Editor’s Note: In accordance with § 1-20B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: “Amended (added, deleted) 3-4-2014.” Schedule A, which contains a complete description of all changes, is on file in the Village offices.
C.
Nomenclature.
References to the following are updated as indicated:
(1)
Throughout
the Code:
(a)
“Clerk”
and “Clerk or Treasurer” are changed to “Clerk-Treasurer.”
(b)
“Chairman”
is changed to “Chairperson.”
(c)
“Council
member” and “Councilman” are changed to “Councilperson.”
(d)
“Health
Department” is changed to “Health and Human Services Department.”
(e)
“Board
of Appeals” is changed to “Board of Zoning Appeals.”
Pursuant to § 4-109 of the Local Government Article of
the Annotated Code of Maryland, a copy of the Code of the Town of
Smithsburg containing the Charter shall be deposited with the Maryland
Department of Legislative Services.
All provisions of this ordinance and the Code shall be in full
force and effect on and after March 24, 2014.