[Approved 1-16-1980, effective 1-16-1980]
[HISTORY: Adopted by the Mayor and Council of the Town of
Forest Heights. Amendments noted where applicable.]
The following underlined words and phrases when used in this
Code shall have the meanings respectively ascribed to them in this
section:
Any member of the Town Council of the Town of Forest Heights
and synonymous with Councilman.
Any employee of the Town whose work involves public safety,
public health, health care, human services, and similar employees
whose services are substantially dedicated to mitigating or responding
to a declared public health or other emergency as well as any other
employee required to enter the Town Hall building or other exposed
public spaces during a declared public health emergency or is tasked
to conduct business on behalf of the Town in a manner that increases
contact and exposure with the public during a declared public health
emergency, shall be considered essential employees.
[Added 5-20-2020 by Em. Ord. No. 01-20]
Any employee of the Town who customarily works 40 or more
hours per week.
The Mayor of the Town of Forest Heights.
The Mayor and Council for the Town of Forest Heights.
[Amended 12-20-2000, effective 1-19-2001; 3-7-2011 by Ord. No. 02-11; 8-1-2011 by Em. Ord. No. 13-11; 2-5-2015 by Ord. No. 01-15; 2-6-2017 by Ord. No.
01-17; 9-7-2021 by Ord. No. 03-21]
The Mayor shall receive a salary of $12,000 per year, payable
monthly or unless otherwise prescribed by resolution of the Mayor
and Town Council. Each Council person shall receive a salary of $6,000
per year, payable monthly or unless otherwise prescribed by resolution
of the Mayor and Town Council.
The Town Council is authorized and empowered to provide the
employees of the Town with benefits, including, but not limited to,
death benefits, surgical, hospitalization and other sick benefits,
under group insurance plans or otherwise.
[Amended 5-21-1980, effective 7-1-1980; 7-18-2012 by Em. Ord. No. 11-12; 11-20-2013 by Em. Ord.
No. 05-13; 3-16-2016 by
Em. Ord. No. 02-16]
A.
Appointments
and promotions. The appointment and promotion of all employees of
the Town who are employed to work full-time shall require the affirmative
vote of a majority of the Town Council, excluding any vacancies.
B.
Merit
protections. Subject to any applicable or superseding provisions of
Section 33-93 (Code of Conduct) of the Town Charter and except as
otherwise stated in this section, no full-time employee of the Town,
who has been employed 12 months or longer, shall be reduced in pay
(i.e., a demotion), suspended or permanently separated except for
cause as stated in writing, and with the affirmative vote of a majority
of the Town Council following a hearing.
C.
Hearings. Prior to any decision of the Town Council to reduce in pay or permanently separate a full-time employee, the employee shall be afforded a preliminary hearing followed by an evidentiary hearing. Said evidentiary hearing shall occur at least 14 days after the preliminary hearing. An employee may be represented only by qualified legal counsel or pro se (i.e., by self) at the evidentiary hearing, but may not be represented by a layperson at either hearing. An employee or his or her legal counsel may present evidence and cross-examine witnesses. Unless other law states otherwise, an employee shall have no right to legal counsel at a preliminary hearing. Notwithstanding anything in this Section to the contrary, the Council may immediately suspend with or without pay a full-time employee pursuant to Subsection B pending a subsequent evidentiary hearing.
D.
Suspensions.
The Mayor without the prior consent or approval of Council shall be
authorized to suspend i) with pay any full-time employee for a period
of up to 10 regular workdays, or ii) any full-time employee without
pay for a period of up to two consecutive regular workdays or two
separate workdays within any single pay period for cause stated in
writing and presented to the employee. Any suspension imposed by the
Mayor under this section shall be approved, ratified, extended, reversed,
modified or canceled by the Council after a hearing. The Council further
reserves the right, subsequent to an evidentiary hearing, to impose
a reduction in pay for a full-time employee equivalent to or exceeding
the amount paid or previously paid to said employee during any suspension
period with pay previously imposed by the Mayor.
E.
Exceptions.
Except for the Chief of Police, this section does not apply to sworn
law enforcement personnel and hourly (FLSA non-exempt) employees of
the Department of Public Works. Law enforcement officers of the Town
shall have their employment rights primarily governed by the provisions
of the "Law Enforcement Officers' Bill of Rights" (Public Safety Article,
§ 3-101 et seq. of the Annotated Code of Maryland). All
employees shall be further governed by the employee handbook and any
other ordinances, rules, regulations, or policies governing Town personnel.
F.
Grandfather
clause. Any full-time hourly (non-exempt) employee of the Department
of Public Works separated but hired before March 16, 2016, shall be
entitled to a post-termination hearing before the Council, provided
that the employee requests such a hearing in writing within three
days of the employee's termination date. Any termination by the Mayor
appealed under this subsection shall be approved, ratified, extended,
reversed, modified or canceled by the Council, and the Council may
restore any lost compensation resulting from the Mayor's disciplinary
action.
[Amended 5-16-2012 by Ord. No. 05-12, effective 6-15-2012]
A.
The Town
Council may, from time to time, by resolution issue such rules and
regulations governing: 1) the use of Town property by officers, employees,
and volunteers and 2) the compensation, discipline, performance, safety,
separation and all other matters pertaining to the employment, supervision
or management of the Town’s officers, employees, and volunteers,
as it deems appropriate.
B.
The Town
Administrator, with the approval of the Mayor, may, from time to time,
by order or directive, promulgate rules, regulations, or policies
governing employee compensation (except salaries, wages, pensions
and other monetary compensation), discipline, performance, safety,
separation, leave, and all other matters pertaining to the employment,
supervision or management of the Town’s employees and volunteers
that are not in conflict with or contrary to the established and approved
Charter provisions, ordinances, resolutions or administrative directives
of the Council, provided that the Town Administrator and the Mayor
shall not without Council approval alter the quantity or amount of
employee compensation, leave or other benefits but may otherwise place
reasonable restrictions and conditions on the use thereof or implementation
of said leave or other employee benefits. The Town Administrator,
with the approval of the Mayor, shall further have the delegated authority
to establish any rule, regulation or policy that reasonably interprets,
implements, expounds upon or otherwise establishes policy in areas
where the Council has heretofore not yet acted.
C.
The Town
Administrator shall have the duty to give reasonable notice to the
employees of any promulgated rule, regulation, order or directive
permitted under this section. Reasonable notice may include but is
not limited to posting any proposed rule, regulation, order or directive
on a designated bulletin board or other conspicuous place in the municipal
building for no less than five work days prior to its effective date.
The Town Clerk shall ensure that the proposed or newly effective rule,
regulation, order or directive is provided to the Council for its
consideration to rescind, modify, ratify, approve or otherwise let
stand should the Council elect to take or not take further action
on said rule, regulation, order or directive.
D.
Any proposed
rule, regulation or policy to be established by the Town Administrator,
with the approval of the Mayor, under this section shall be reviewed
by the Town Attorney for legal sufficiency and shall bear the signature
of said Attorney prior to its implementation.
[Amended 11-17-2021 by Ord. No. 05-21]
Town holidays shall conform to Federal holidays as set forth
in 5 U.S. Code, § 6103, (Monday Holiday Law).
[Amended 5-21-1980, effective 7-1-1980; 5-16-2012 by Ord. No. 05-12, effective 6-15-2012]
All full-time employees, after completing six months of consecutive satisfactory employment, shall be entitled to earned annual or vacation leave. After one month of satisfactory employment, full-time employees shall be entitled to sick leave. The earning rate and accumulation quotas for annual and sick pay shall be established by administrative directive of the Mayor and Town Council. Unless otherwise promulgated by the Town Administrator, with the approval of the Mayor, pursuant to Section 2.5, the Council shall promulgate the appropriate regulations and directives implementing this ordinance.
[Adopted 8-4-2014 by Ord. No. 10-14]
A.
Whenever
riot, unlawful assembly, insurrection, other disturbance, the imminent
threat thereof, or any fire, flood, storm, earthquake or other natural
catastrophe or disaster occurs in the Town and results in or threatens
to result in the death or injury of persons or the destruction of
property or the disruption of local government to such extent as to
require, in the judgment of the Mayor, extraordinary measures to prevent
the death or injury of persons and to protect the public peace, safety
and welfare, and alleviate damage, loss, hardship or suffering, the
Mayor shall forthwith proclaim the existence of a municipal emergency.
B.
Such
civil emergency shall cease to exist upon the issuance of an executive
order by the Mayor or by a resolution passed by a vote of not less
than 2/3 of all the members present and voting of the Town Council
terminating the same. Such proclamation shall be issued by the Mayor
or by a resolution passed by a vote of not less than 2/3 of all the
members of the Town Council present and voting when such extraordinary
measures are no longer required for the protection of the public peace,
safety and welfare. Before a civil emergency is declared terminated,
either by proclamation by the Mayor or by a resolution as stated herein,
the Mayor or Council will consult with the Town's Police Chief to
determine if there are any fiscal, public safety response or disaster
recovery imperatives that require the continuation of emergency measures.
C.
Any
such executive order of a civil emergency by the Mayor shall, within
48 hours of issuance of the proclamation or as soon as practical,
at the earliest practicable time be filed with the Town Clerk for
presentation to the Town Council for ratification and confirmation,
modification, or rejection. The Council may, by resolution, modify
or reject the proclamation, and if rejected, it shall be void. If
the Council modifies or rejects the proclamation, said modification
or rejection shall be prospective only, and shall not affect any actions
taken prior to the modification or rejection of the proclamation.
The Council shall endeavor to act on any proclamation of civil emergency
within 48 hours of its being presented to the Council by the Mayor.
Except with the consent of the governing body of the political subdivision,
a local state of emergency may not continue or be renewed for longer
than 30 days pursuant to State law.
A.
Upon
the executive order of a civil municipal emergency by the Mayor, and
during the existence of such civil emergency, the Mayor may, in a
form that meets the requirements of this section, make and proclaim
any or all of the following orders:
(1)
An order imposing a general curfew applicable to the Town as a whole,
or to such geographical area or areas of the Town and during such
hours as he deems necessary, which effective hours and affected area
or areas may be modified from time to time;
(2)
An order requiring any or all business establishments to close and
remain closed until further order;
(3)
An order requiring the closure of any or all bars, taverns, liquor
stores, and other business establishments where alcoholic beverages
are sold or otherwise dispensed, provided that with respect to those
business establishments which are not primarily devoted to the sale
of alcoholic beverages and in which such alcoholic beverages may be
removed or made secure from possible seizure by the public, the portions
thereof utilized for the sale of items other than alcoholic beverages
may, in the discretion of the Mayor, be allowed to remain open;
(4)
An order requiring the discontinuance of the sale, distribution or
giving away of alcoholic beverages in any or all parts of the Town;
(5)
An order requiring the discontinuance of the sale, distribution or
giving away of firearms and/or ammunition for firearms in any or all
parts of the Town;
(6)
An order requiring the discontinuance of the sale, distribution or
giving away of gasoline or other liquid flammable or combustible products
in any container other than a gasoline tank properly affixed to a
motor vehicle;
(7)
An order requiring the closure of any or all business establishments
where firearms and/or ammunition for firearms are sold or otherwise
dispensed, provided that with respect to those business establishments
which are not primarily devoted to the sale of firearms and/or ammunition
and in which such firearms and/or ammunition may be removed or made
secure from possible seizure by the public, the portions thereof utilized
for the sale of items other than firearms and ammunition may, in the
discretion of the Mayor, be allowed to remain open;
(8)
An order closing to the public any or all public places, including
streets, alleys, sidewalks, public ways, schools, parks, shorelines,
amusement areas, and public buildings;
(9)
An order prohibiting the carrying or possession of a firearm or any
instrument which is capable of producing bodily harm and which is
carried or possessed with intent to use the same to cause such harm,
provided that any such order shall not apply to peace officers or
military personnel engaged in the performance of their official duties;
(10)
An order requesting federal and/or State assistance in combating
such civil emergency;
(11)
An order establishing economic controls in aid of and supplementary
to and consistent with State and federal orders relating to price
stabilization or controls including: the convening and establishing
of ration boards; auditing retail and wholesale ration accounts; monitoring
price control operations and reporting violations to appropriate authorities;
assisting in providing essential supplies to disaster victims; advising
appropriate authorities concerning rationing, price control, wage
and rent controls and allocation of food and other essential commodities;
(12)
An order directing the use of all public and private health, medical,
and convalescent facilities and equipment to provide emergency health
and medical care for injured persons;
(13)
An order authorizing, in cooperation with utility management and
appropriate State and federal agencies, the shutting off, restoration,
and operation of utility services in accordance with priorities established
for combating such civil emergency;
(14)
An order providing for the evacuation and reception of the population
of the Town or any part thereof;
[Amended 5-20-2020 by Em. Ord. No. 01-20]
(15)
An order to set evacuation routes and the modes of transportation
to be used during an emergency and to direct the control of ingress
to and egress from an emergency area, the movement of individuals
in the area, and the occupancy of premises in the area;
[Added 5-20-2020 by Em. Ord. No. 01-20[1]]
(16)
An order to authorize the use of (vacant and unoccupied) private
property, in which event the owner of the property shall be compensated
for its use and for any damage to the property;
[Added 5-20-2020 by Em. Ord. No. 01-20]
(17)
An order to provide for temporary housing for Town residents;
[Added 5-20-2020 by Em. Ord. No. 01-20]
(18)
An order to authorize the clearance and removal of debris and wreckage;
[Added 5-20-2020 by Em. Ord. No. 01-20]
(19)
An order to control traffic and suspend or alter parking regulations
within the Town;
[Added 5-20-2020 by Em. Ord. No. 01-20]
(20)
An order, if medically necessary and reasonable, to appoint a Public
Health Officer, and to define and regulate his or her powers and duties,
and 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;
[Added 5-20-2020 by Em. Ord. No. 01-20]
(21)
An order, if medically necessary and reasonable to treat, prevent,
oil reduce the spread of the disease or outbreak believed to have
been caused by the exposure to a deadly agent, the Mayor may designate
a health official to:
[Added 5-20-2020 by Em. Ord. No. 01-20]
(I)
Require
individuals to submit to medical examination or testing;
(II)
Require individuals to submit to vaccination or medical treatment
unless the vaccination or treatment likely will cause serious harm
to the individual;
(III)
Establish places of treatment, isolation, and quarantine; or
(IV)
Require individuals to go to and remain in places of isolation or
quarantine until the designated official determines that the individuals
no longer pose a substantial risk of transmitting the disease or condition
to the public.
(22)
An order to derogate, change, suspend or modify express ordinance
provisions, resolutions or regulations of the Town, including but
not limited to ordinances, resolutions and regulations established
for supervising, conducting, keeping the polls open, canvassing or
postponing a municipal election or to prescribe the method or means
of conducting a municipal election;
[Added 5-20-2020 by Em. Ord. No. 01-20]
(23)
Provided that an emergency order of the Governor authorizes the Mayor
to do so, an order abrogating, suspending or modifying, any relevant
and existing statute, regulation, or other time or act of an event
described within any State or local statute, ordinance, rule or regulation
that the Town adopts or administers to allow for extensions of legal
or procedural deadlines, permits, licenses, registrations, or other
permissions, deadlines or mandated filings to extend or avoid lapsing
of same for a period of time extending for up to 30 days after the
emergency;
[Added 5-20-2020 by Em. Ord. No. 01-20]
(24)
An order modifying employee salaries and designating certain essential
employees for a given emergency, including allowing for both retroactive
and prospective adjustments to employee compensation, provided that
a State or local emergency has been declared and in effect during
any modification period, and further for the hiring of any additional
employees as deemed necessary for the purpose of meeting the emergency;
and
[Added 5-20-2020 by Em. Ord. No. 01-20]
(25)
Such other orders as are imminently necessary for the protection
of life and property.
B.
Provided,
however, that any such order(s) shall, within 48 hours of issuance
of the order or as soon as practical at the earliest practicable time,
be filed with the Clerk to the Town Council and presented to the Town
Council for ratification and confirmation, modification or rejection,
and if rejected, shall be void. The Council shall consider the statements
set forth in this section and may, by resolution, modify or reject
the order. If the Council modifies or rejects the order, said modification
or rejection shall be prospective only, and shall not affect any actions
taken prior to the modification or rejection of the order. The Council
shall endeavor to act on any order within 48 hours of its being presented
to the Council by the Mayor.
An order issued pursuant to Section 2.8 of this Code shall contain the following:
A.
A statement of the facts upon which the order is based; and
B.
A statement that the Mayor believes it is in the best interest of
public safety, rescue and recovery efforts and the protection of property
that the exercise of certain rights be temporarily limited; and
C.
A statement that the conditions of the order are designed to provide
the least necessary restriction on those rights.
In addition to and/or in connection with the exercise of the
powers specified in this Part II of Article 2, the Mayor shall in
carrying out the provisions thereof:
A.
Utilize to the maximum extent practicable the services, equipment,
supplies and facilities of existing departments, offices, and agencies
of the Town, State, counties and other municipal corporations organized
under the laws of the State consistent with any applicable intergovernmental
agreements (i.e., memoranda of understanding); and
B.
In the event of a disaster and upon the proclamation by the Governor
of the existence of such disaster, command the service and equipment
of as many citizens as the Mayor considers necessary in the light
of the disaster proclaimed, provided that citizens so commandeered
shall be entitled during the period of such service to all privileges,
benefits and immunities as are provided by this Article and federal
and State civil defense regulations for registered civil defense or
emergency services workers.
C.
Except for regular and reserve police officers appointed pursuant
to Article 23 of this Ordinance Code, the Mayor may at any time appoint
or authorize the appointment of volunteer citizens to augment the
personnel of any Town activity in time of an emergency. Such volunteer
citizens shall be enrolled as emergency management volunteers in cooperation
with the heads of the Town departments affected, and shall be subject
to any rules and regulations set forth by the Mayor. Except for Town
officials having subscribed to the oath pursuant to Section 33-84
of the Town Charter, each person serving as a member of the Emergency
Operations Committee or similar advisory council, or as an employee
or volunteer in any capacity in the Town's emergency management or
similar organization shall, prior to assuming his duties, take an
oath which shall be substantially as follows:
|
I, __________ do solemnly swear (or affirm) that I will support
and defend the Constitution of the United States and the Constitution
of this State against all enemies, foreign or domestic; that I will
bear true faith and allegiance to the same; that I take this obligation
freely, without any mental reservation or purpose of evasion; and
that I will well and faithfully discharge the duties upon which I
am about to enter, and I do further swear (or affirm) that I do not
advocate the overthrow of the government of the United States or of
this State by force or violence; and that during such time as I am
a member of the Town of Forest Heights' emergency management organization
I will not advocate nor become a member or an affiliate of any organization,
group or combination of persons or of any political party that advocates
the overthrow of the government of the United States or of this State
by force or violence.
|
D.
Emergency management volunteers assigned to duty during a period
of natural disaster or civil emergency in the Town shall be eligible
for the benefits of the State Workmen's Compensation Law at a rate
of compensation commensurate with that of persons performing similar
work under conditions of regular employment.
Plans and programs for executing emergency powers including
a disaster readiness and response plan or emergency management/continuity
of operations plan shall be prepared and kept current under the direction
of the Mayor who shall submit such plans and programs and proposed
amendments thereto to the Town Council for review and approval by
resolution. Upon such approval the Mayor shall be authorized to exercise
in accordance with such plans and programs the powers provided therein.
There shall be an Emergency Operations Committee or similar
advisory council consisting of such number of members as shall be
appointed by the Mayor and chaired by the Town's Director of Emergency
Operations, if so appointed, or the Public Safety Advisory Council/Council
liaison to the Police Department, if so appointed, or the Chief of
Police, in case an elected official is not so appointed or named to
chair said Committee. Members of the Committee shall serve without
compensation, but may be reimbursed for reasonable and necessary expenses
incurred in the performance of their duties. The Committee shall meet
at least annually at the places and times as shall be prescribed by
the Mayor, and shall:
A.
Advise the Mayor on all matters pertaining to disaster readiness
and response capabilities within the Town;
B.
Periodically review and make recommendations for the revision and/or
maintenance of up-to-date disaster response plans for the Town including:
(1)
Preparations for and the carrying out of executive emergency powers;
(2)
The delegation and sub-delegation of administrative authority by
the Mayor;
(3)
The performance or coordination of emergency functions, including
firefighting, police, medical and health, welfare, rescue, engineering,
transportation, communications and warning services, evacuation of
persons from stricken areas, facility protection, restoration of utility
services, and other functions relating to civilian protection together
with all activities necessary or incidental to the preparation for
and carrying out of such functions; and
(4)
Requirements for department and municipal operations, including management
succession, procedures for providing twenty-four-hour capability,
mobilization procedures, special disaster response procedures, plans
for records protection, personnel procedures, finance plans, and training
procedures for disaster response.
C.
Provide cooperation and coordination with the disaster response plans
of other local organizations and agencies;
D.
Prepare and recommend to the Mayor plans for mutual aid operations
with the State, District of Columbia and the agencies or political
subdivisions thereof; and
E.
Recommend expenditures for disaster preparations and training.
Upon the executive order of a municipal emergency by the Mayor, and during the existence thereof, emergency purchases of supplies, materials and equipment are authorized to be made in accordance with Emergency Ordinance No. 02-14 as codified in Section 20.4 of this Ordinance Code and the following procedure:
A.
A log of all purchases made during any emergency shall be maintained
by each department, the Town Administrator and by the Town Treasurer.
B.
The heads of departments and the Mayor shall account for all costs
incurred in making such purchases.
C.
Upon termination of the emergency, the Treasurer shall report all
emergency purchases issued to the respective departments and offices,
and shall verify and authenticate such orders, and submit a summary
thereof to the Mayor and Council for review.
A.
Authority of Mayor; review and action by Town Council.
(1)
Notwithstanding the emergency procurement provisions found in Section 20.4 of this Code, upon the proclamation by the Mayor of a civil emergency resulting from a disaster caused by enemy attack, sabotage, or other hostile action, or by fire, flood, storm, earthquake, or other natural cause, and during the existence of such civil emergency, the Mayor shall have the power by order to enter into contracts and incur obligations necessary to combat such disaster, protect the health and safety of persons and property, and provide emergency assistance to the victims of such disaster. Such powers shall be exercised in the light of the exigencies of the situation without regard to time-consuming procedures and formalities prescribed by ordinance (excepting mandatory constitutional requirements), including, but not limited to, budget law limitations and requirements of competitive bidding and publication of notices pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditures of public funds, provided that the Mayor shall, wherever practicable, advise and consult with the Town Council with respect to disaster response activities, and any such order shall at the earliest practicable time be presented to the Town Council for review and appropriate legislation including:
(I)
Findings by resolution with respect to actions taken;
(II)
Authorization of payment for services, supplies, equipment loans
and commandeered property used during disaster response activities;
(III)
Approval of gifts, grants or loans accepted by the Mayor during
the emergency;
(IV)
Levy of taxes to meet costs of disaster response and recovery
operations;
(2)
And upon such review the Town Council may ratify and confirm, modify,
or reject any such order, and if rejected any such order shall be
void.
B.
The Treasurer shall be authorized to draw and to pay the necessary
warrants for expenditures made pursuant to order and authorized by
the Town Council.
C.
Nothing in this Article shall be interpreted to prevent or limit the Mayor from invoking or utilizing any emergency purchasing provisions found in Section 20.4 of this Code in circumstances where no executive order or resolution of a civil municipal emergency pursuant to Section 2.8 of this Ordinance Code has been issued by the Mayor or Council.
The Mayor shall cause any proclamation or order issued pursuant
to the authority of this Article to be delivered to the Governor of
the State and, to the extent practicable, to all news media within
or near the Town, and shall utilize as many other available such means,
including but not limited to, posting on public facilities, signs
and public address systems, as may be practical to use and as shall
be necessary in his judgment, in order to give the widest dissemination
of such proclamations and orders to the public.
A person or business entity's responsible party or executive is guilty of failure to obey the Mayor's emergency order when he or she knowingly violates any order issued under authority of Section 2.8 of this Article. It is unlawful for anyone to fail or refuse to obey an order proclaimed by the Mayor pursuant to the provisions of this Article. Anyone convicted of a violation of this section shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 or by imprisonment for not more than 180 days, or both such fine and imprisonment. Pursuant to Section 14-114 of the Public Safety Article of the Annotated Code of Maryland, a person who willfully violates an order, rule, or regulation issued under the authority of the Governor pursuant to the Maryland Emergency Management Agency Act or this section is guilty of a misdemeanor and, on conviction, is subject to imprisonment not exceeding one year or a fine not exceeding $5,000, or both.
