[HISTORY: Adopted by the Mayor and Council
of the City of Taneytown as indicated in article histories. Amendments
noted where applicable.]
[1]
Editor's Note: This ordinance was adopted
to rectify procedural problems with Ord. No. 8-99.
The various chapters and sections of the 1980 Code of Ordinances of the City of Taneytown, and subsequent ordinances of the City of Taneytown of a general and permanent nature adopted by the Mayor and Council of the City of Taneytown, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 205, are hereby approved, adopted, ordained and enacted as the "Code of the City of Taneytown," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede
the 1980 Code of Ordinances of the City of Taneytown and 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.
All provisions of this ordinance and of the
Code shall be in full force and effect on or after the passage and
approval of this ordinance to the extent not otherwise provided herein.
A copy of the Code in loose-leaf or post binder
form has been filed in the office of the City Clerk 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 City Clerk of the City of Taneytown
by impressing thereon the Seal of the city, and such certified copy
shall remain on file in the office of the City Clerk of the city,
to be made available to persons desiring to examine the same during
all times while the 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 Mayor and Council to make them a part thereof, shall
be deemed to be incorporated into such Code so that reference to the
"Code of the City of Taneytown" 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
or post binder book containing said Code as amendments and supplements
thereto.
The Mayor and Council of the City of Taneytown,
pursuant to law, shall cause to be published, in the manner required,
a notice of the passage of this ordinance in a newspaper of general
circulation in the city. Sufficient copies of the Code shall be maintained
in the office of the City Clerk for inspection by the public at all
times during regular office hours. Publication of such notice, 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 City Clerk, or someone
authorized and directed by the City Clerk, to keep up-to-date the
certified copy of the book containing the Code required to be filed
in the City Clerk's 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 books, at which time such supplements shall be inserted
therein.
Copies of the Code book containing the Code
may be purchased from the City Clerk upon the payment of a fee to
be set by resolution of 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 City of Taneytown to be misrepresented
thereby. Any violation of this section shall be punishable as a misdemeanor,
the penalty for which shall be a fine not to exceed $1,000 or imprisonment
for a term not to exceed six months, or both such fine and imprisonment.
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 to be unconstitutional, void or ineffective
for any cause shall not be deemed to affect the validity or constitutionality
of any other section or part thereof.
Each section of this ordinance is an independent
section, and the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other section or part thereof.
All ordinances or parts of ordinances of a general
and permanent nature adopted and in force on the date of the adoption
of this ordinance and not contained in the Code are hereby repealed
as of the effective date of this adopting ordinance, except as hereinafter
provided.
The adoption of this Code and repeal of ordinances provided for in § 1-12 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 March 1, 1999.
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 provisions
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 city's indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or
transfer of property or any lawful contract or obligation.
I.
The levy or imposition of taxes, assessments or charges.
J.
All matters relative to zoning, including the dedication
of property or approval of preliminary or final subdivision plans
and plats and any other matter related to zoning. It is the legislative
intent of the Mayor and City Council of Taneytown, in adopting this
new ordinance, that any change or mistake required to be shown for
rezoning subsequent to the adoption of this ordinance shall not be
from the date of adoption of this ordinance, but changes in the character
of the neighborhood or a mistake in the existing zoning may be shown
and considered as evidence by the Mayor and City Council of Taneytown
from the date of the original adoption of the Zoning Ordinance on
June 12, 1972, or from the date of adoption of any future comprehensive
reasonable Zoning Map amendment.
K.
Ordinances establishing the amount and manner of payment
of salaries or compensation of officers and employees, establishing
workdays and working hours of certain employees and providing for
holidays and vacations for employees and keeping of employment records.
L.
Any legislation relating to or establishing a pension
plan or pension fund for municipal employees.
A.
In compiling and preparing the ordinances for adoption
and revision as part of the Code, certain grammatical changes and
other minor changes were made in one or more of said ordinances. 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 following changes, amendments or
revisions are made herewith, to become effective upon the effective
date of this ordinance as set forth in Schedule A attached hereto
and made a part hereof (chapter and section number references are
to the ordinances as they have been renumbered and appear in the Code).[1]
[1]
Editor's Note: Schedule A is on file at the
office of the City Clerk.
Pursuant to § 9A of Article 23A of
the Maryland Code, a copy of the Code of the City of Taneytown containing
the Charter shall be deposited with the Maryland Department of Legislative
Reference.
[Adopted 1-14-1980 by Ord. No. 5-79
as Title 1 of the 1980 Code]
[Amended 8-9-1999 by Ord. No. 8-99; 12-13-1999 by Ord. No. 9-99]
The ordinances embraced in this and the following
chapters and sections shall constitute and be designated the "Code
of the City of Taneytown, Maryland" and may be so cited. Such ordinances
may also be cited as the "Taneytown City Code."
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 Council.
A.
Charter. The words "Charter" or "City Charter" shall
mean the Charter of the City of Taneytown, Maryland.
B.
City. The words "the city" or "this city" shall mean
the City of Taneytown, Maryland.
C.
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.
D.
Council. The words "the Council" shall mean the Council
of the City of Taneytown, Maryland.
E.
County. The words "the county" or "this county" shall
mean Carroll County, Maryland.
[Amended 8-9-1999 by Ord. No. 8-99; 12-13-1999 by Ord. No. 9-99]
F.
Gender. Words importing the masculine gender shall
include the feminine and neuter.
G.
Joint authority. All words giving a joint authority
to three or more persons or officers shall be construed as giving
that authority to a majority of those persons or officers.
H.
Keeper and proprietor. The words "keeper" and "proprietor"
shall mean and include persons, firms, associations, corporations,
clubs and copartnerships, whether acting by themselves or a servant,
agent or employee.
I.
May. The word "may" is permissive.
J.
Mayor. The word "Mayor" shall mean the Mayor of the
City of Taneytown, Maryland.
K.
Month. The word "month" shall mean a calendar month.
L.
Number. Words used in the singular include the plural,
and the plural includes the singular number.
M.
Oath. The word "oath" shall be construed to include
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."
N.
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 city.
O.
Or; and. The word "or" may be read "and," and the
word "and" may be read "or," where the sense requires it.
P.
Owner. The word "owner," applied to any property,
shall include any part owner, joint owner, tenant in common, joint
tenant or tenant by the entirety of the whole or a part of that property.
Q.
Person. The word "person" shall include a corporation,
firm, partnership, association, organization and any group acting
as a unit, as well as an individual.
R.
Personal property includes every species of property
except real property, as herein defined.
S.
Preceding; following. The words "preceding" and "following"
shall mean next before and next after, respectively.
T.
Property. The word "property" shall include real and
personal property.
U.
Real property shall include lands, tenements and hereditaments.
V.
Shall. The word "shall" is mandatory.
W.
Sidewalk. The word "sidewalk" shall mean that area
or portion of a public way located between the street and curbline,
or the lateral lines of a roadway where there is no curb, and the
adjacent or proximate property line having frontage on such street
or public way, which area is intended for the use of pedestrians.
[Amended 7-12-2004 by Ord. No. 16-2004]
X.
State. The words "state" or "this state" shall mean
the State of Maryland.
Y.
Street. The word "street" shall mean and include any
public way, road, highway, street, avenue, boulevard, parkway, alley,
lane, viaduct, bridge and the approaches thereto within the City 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.
Z.
Tenant; occupant. The word "tenant" or "occupant,"
applied to a building or land, shall include any person who occupies
the whole or a part of such building or land, whether alone or with
others.
AA.
Time. Words used in the past or present tense include
the future as well as the past and present.
BB.
Year. The word "year," except where the fiscal year
is specifically referred to, shall mean a calendar year.
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 those sections
nor as any part of those sections, nor, unless expressly so provided,
shall they be so deemed when any of those sections, including the
catchlines, are amended or reenacted.[1]
[1]
Editor's Note: The following original sections,
which immediately followed this section, were deleted 8-9-1999 by
Ord. No. 8-99: Sec. 1-1-4, Effect of repeal of ordinances; Sec. 1-1-5,
Provisions deemed continuations of existing ordinances; and Sec. 1-1-6,
Severability of parts of code.
A.
All ordinances passed subsequent to this Code of Ordinances
which amend, repeal or in any way affect this Code of Ordinances may
be numbered in accordance with the numbering system of this Code and
printed for inclusion therein. When subsequent ordinances repeal any
chapter, section or subsection or any portion thereof, those repealed
portions may be excluded from this Code by omission from reprinted
pages.
B.
Amendments to any of the provisions of this Code shall
be made by amending those provisions by specific reference to the
section of this Code in substantially the following language: "Section
______ of the Code of Ordinances of the City of Taneytown, Maryland,
is hereby amended to read as follows: (Set out new provisions in full)."
C.
When the Council desires to enact an ordinance of
a general and permanent nature on a subject not heretofore existing
in the Code, which the Council desires to incorporate into the Code,
a section in substantially the following language shall be made a
part of the ordinance: "Section ______. It is the intention of the
Council and it is hereby ordained that the provisions of this ordinance
shall become and be made a part of the Code of Ordinances of the City
of Taneytown, Maryland, and the sections of this ordinance may be
renumbered to accomplish such intention."
D.
All sections, articles, chapters or provisions of
this Code desired to be repealed should be specifically repealed by
section or chapter number, as the case may be.
[Amended 8-9-1999 by Ord. No. 8-99; 12-13-1999 by Ord. No. 9-99]
[Amended 8-9-1999 by Ord. No. 8-99; 12-13-1999 by Ord. No. 9-99]
Whenever in this Code or in any ordinance or
resolution of the legislative body or in any rule, regulation or order
promulgated by any officer or agency of the City under authority duly
vested in the officer or agency any act is prohibited or is made or
declared to be unlawful or an offense or a misdemeanor, or whenever
in the Code, ordinance, resolution, rule, regulation or order the
doing of any act is required or the failure to do an act is declared
to be unlawful or an offense or a misdemeanor, where no specific penalty
is provided therefor, the violation of any such provision of this
Code or any ordinance, resolution, rule, regulation or order shall
be punished by a fine not exceeding $1,000 or by imprisonment for
not more than six months, or by both such fine and imprisonment in
the discretion of the court. Each day any violation of any provision
of this Code or of any such ordinance, resolution, rule, regulation
or order shall continue shall constitute a separate offense.[1]
[1]
Editor's Note: Original Sec. 1-1-9, General
penalty for municipal infractions, which immediately followed this
section and was added 2-13-1984 by Ord. No. 3-84, was repealed 4-10-1995
by Ord. No. 11-95.
[Amended 12-20-1988 by Ord. No. 18-88]
The ordinances, codes or other laws, rules and
regulations of Carroll County, Maryland, shall not apply within the
corporate limits of the City unless the same are expressly incorporated
into this Code by reference.
