CHARTER OF THE. City of Crisfield SOMERSET COUNTY, MARYLAND

Transcription

1 CHARTER OF THE City of Crisfield SOMERSET COUNTY, MARYLAND As found in a 1980 Edition by General Code Publishers Corporation, Supplemented to June 25, 1982 (Reprinted November 2014)

2 The Department of Legislative Services General Assembly of Maryland prepared this document. For further information concerning this document contact: Library and Information Services Office of Policy Analysis Department of Legislative Services 90 State Circle Annapolis, Maryland Baltimore Area: ( ) Washington Area: ( ) Other Areas: ( ) TTY: ( ) ( ) TTY users may also contact the Maryland Relay Service to contact the General Assembly E mail: libr@mlis.state.md.us Home Page: The Department of Legislative Services does not discriminate on the basis of age, ancestry, color, creed, marital status, national origin, race, religion, gender, gender identity, sexual orientation, or disability in the admission or access to its programs, services, or activities. The Department's Information Officer has been designated to coordinate compliance with the nondiscrimination requirements contained in Section of the Department of Justice Regulations. Requests for assistance should be directed to the Information Officer at the telephone numbers shown above.

3 Charter of the City of Crisfield 38 - iii CONTENTS Section C1 1. C1 2. General corporate powers. Corporate limits. ARTICLE I Corporate Powers and Limits ARTICLE II Council C2 1. C2 2. C2 3. C2 4. C2 5. C2 6. C2 7. C2 8. C2 9. C2 10. C2 11. C2 12. C2 13. C2 14. Membership; terms. Qualifications of Councilmen. Salary. Meetings. Judge of election and qualifications. Officers. Quorum. Rules and order of business; journal. Vacancies. Adoption and effective date of ordinances. Approval or veto of ordinances. Referendum. Filing of ordinances. Resolutions. ARTICLE III Mayor C3 1. C3 2. C3 3. C3 4. Election; term. Qualifications. Salary. Powers and duties. ARTICLE IV Powers; Enforcement C4 1. C4 2. C4 3. Powers. Exercise of powers. Enforcement.

4 38 - iv Municipal Charters of Maryland ARTICLE V Elections C5 1. C5 2. C5 3. C5 4. C5 5. C5 6. C5 7. C5 8. C5 9. C5 10. C5 11. C5 12. C5 13. C5 14. C5 15. Voters. Board of Supervisors of Elections. Removal of members. Duties of Board. Conduct of elections. Nomination. Filing fee. Conduct of elections generally. Election of Mayor and Council. Notice of elections. Challengers and Watchers. Vote Count. Vacancies. Recount. Violations and penalties. ARTICLE VI Finance C6 1. C6 2. C6 3. C6 4. C6 5. C6 6. C6 7. C6 8. C6 9. C6 10. C6 11. C6 12. C6 13. C6 14. C6 15. C6 16. C6 17. C6 18. C6 19. C6 20. C6 21. C6 22. Appointment, term and compensation of Clerk Treasurer. Powers and duties of Clerk Treasurer. Bond of Clerk Treasurer. Fiscal year. Submission of budget to Council; public inspection. Amendment and adoption of budget. Appropriations. Transfer of funds. Over expenditure. Lapse of appropriations at end of budget year. Issuance of checks. Taxable property. Determination of tax levy. Notice of tax levy. Due date for taxes; overdue taxes. Sale of tax delinquent property. Fees. Audits. Tax anticipation borrowing. Payment of indebtedness. Prior evidences of indebtedness. Purchasing; contracts.

5 Charter of the City of Crisfield 38 - v ARTICLE VII Personnel C7 1. C7 2. C7 3. C7 4. C7 5. C7 6. C7 7. C7 8. C7 9. Clerk to the Council. City Attorney. Authority to employ personnel. Merit system. Classified and unclassified service. Restrictions on officers and employees; violations and penalties. Retirement system. Compensation of officers and employees. Benefit programs. ARTICLE VIII Public Ways and Sidewalks C8 1. C8 2. C8 3. C8 4. Definition. Control of public ways. Powers with regard to public ways. Powers with regard to sidewalks. ARTICLE IX Water and Sewers C9 1. C9 2. C9 3. C9 4. C9 5. C9 6. C9 7. C9 8. C9 9. C9 10. C9 11. C9 12. C9 13. C9 14. Powers with regard to sewer and water systems. Placing of structures in public ways. Obstructions. Entrance on county public ways by city. Connections. Connection charges. Prevention of waste and improper usage. Private systems. (Repealed). Right of entry. Pollution of water supply. Contracts for services. Charges for services. Exceptions. ARTICLE X Special Assessments C10 1. C10 2. Power to levy special assessments. Procedure for determining special assessments.

6 38 - vi Municipal Charters of Maryland ARTICLE XI City Property C11 1. C11 2. C11 3. C11 4. Acquisition; possession; disposal. Condemnation. Buildings necessary for operation of city government. Protection of city property. ARTICLE XII General Provisions C12 1. C12 2. C12 3. C12 4. C12 5. C12 6. Oath of office. Bonds. Prior rights and obligations. Violations and penalties. Effect of Charter on existing ordinances. Severability. ARTICLE XIII Redevelopment and Urban Renewal Repealed. See Appendix I. APPENDIX I Urban Renewal Authority for Slum Clearance A A A A A A A A A A A A A Definitions. Powers. Establishment of Urban Renewal Agency. Initiation of Project. Preparation and Approval of Plan for Urban Renewal Project. Disposal of Property in Urban Renewal Area. Eminent Domain. Encouragement of Private Enterprise. General Obligation Bonds. Revenue Bonds. Separability. Short Title. Authority to Amend or Repeal.

7 38-1 Section C1 1. General corporate powers. CRISFIELD ARTICLE I Corporate Powers and Limits The inhabitants of the City formerly known as Mayor and Council of Crisfield within the corporate limits legally established therefor are hereby constituted and/or continued a body corporate by the name of the City of Crisfield, with all the privileges of a body corporate, by that name to sue and be sued, to plead and be impleaded in any court of law or equity, to have and use a common seal and to have perpetual succession, unless the Charter and the corporate existence are legally abrogated. Section C1 2. Corporate limits. The courses and distances showing the exact corporate limits of the city shall be filed at all times with the Clerk of the Circuit Court in the county in which the city is located, the Commissioner of the Land Office and the Director of the Department of Legislative Reference [Services]. In addition, a copy of the courses and distances describing the corporate boundaries shall be on file in the office of the Mayor or of the City Clerk. Section C2 1. Membership; terms. ARTICLE II Council All legislative powers of the City shall be vested in the City Council consisting of five (5) persons who shall hold office for terms of four (4) years, or the balance of any term, which shall expire on the next regular meeting of Council following the election of their successors and when their successors have qualified by being sworn. Three (3) shall be elected simultaneous with the election of the Mayor and two (2) shall be elected biennially thereafter. (Res. No. 205, ; Res. No. 299, ; Res. No. 380, ) Section C2 2. Qualifications of Councilmen. Councilmen shall have resided in the city for at least two (2) years immediately preceding their election and must be qualified voters of the city. (Amended by Res. No. 145.) Section C2 3. Salary. Each Councilman shall receive an annual salary, which shall be equal for all Councilmen and shall be as specified from time to time by an ordinance passed by the Council in the regular course of its business; provided, however, that the salary specified at the time any Council takes office shall not be changed during the period for which that Council was elected. The ordinance

8 38-2 Municipal Charters of Maryland making any change in the salary paid to the several Councilmen, either by way of increase or decrease, shall be finally ordained prior to the municipal election for the members of the next succeeding Council and shall take effect only as to the members of the next succeeding Council. Section C2 4. Meetings. The newly elected Council shall meet at 6:00 p.m. on the next regular meeting of Council following its election for the purpose of organization, after which the Council shall meet regularly at such times as may be prescribed by its rules, but not less frequently than once each month. Special meetings shall be called by the Clerk Treasurer upon the request of the Mayor or a majority of the members of the Council. All meetings of the Council shall be open to the public, except as authorized by Subtitle V, Article 10 of the State Government Article [Title 3 of the General Provisions Article] of the Annotated Code of Maryland, known as the Open Meetings Law, and the rules of the Council shall provide that residents of the city shall have a reasonable opportunity to be heard at any open meeting in regard to any municipal question. (Res. No. 335, ; Res. No. 381, ) Section C2 5. Judge of election and qualifications. The Council shall be the judge of the election and qualifications of its members. Section C2 6. Officers. The Mayor shall serve as President of the Council. The Mayor may take part in all discussions, but he shall have no vote. The Council shall elect a Vice President of the Council from among its members, who shall act as President of the Council in the absence of the President of the Council. Section C2 7. Quorum. A majority of the members of the Council shall constitute a quorum for the transaction of business, but no ordinance shall be approved nor any other action taken without the favorable votes of a majority of the whole number of members elected to the Council. Section C2 8. Rules and order of business; journal. The Council shall determine its own rules and order of business. It shall keep a journal of its proceedings and enter therein the yeas and nays upon final action of any question, resolution or ordinance or at any time if required by any one member. The journal shall be open to public inspection. Section C2 9. Vacancies. Vacancies in the Council shall be filled as provided in C5 14 of this Charter.

9 Charter of the City of Crisfield 38-3 Section C2 10. Adoption and effective date of ordinances. No ordinance shall be passed at the meeting at which it is introduced. Any regular or special meeting of the Council held not less than six (6) days nor more than sixty (60) days after the meeting at which an ordinance was introduced, it shall be passed or passed as amended or rejected or its consideration deferred to some specified future date. In cases of emergency, the above requirement may be suspended by the affirmative votes of two (2) members of the Council. Every ordinance, unless it is passed as an emergency ordinance, shall become effective at the expiration of twenty (20) calendar days following approval by the Mayor or passage by the Council over his veto. A fair summary of each ordinance shall be published at least twice in a newspaper or newspapers having general circulation in the municipality, and a statement inviting interested persons to view the complete text of the ordinance at city hall during regular business hours shall be appended to that published summary. An emergency ordinance shall become effective on the date specified in the ordinance, but no ordinance shall become effective until approved by the Mayor or passed by the Council over his veto. (Amended by Res. No. 287.) Section C2 11. Approval or veto of ordinances. All ordinances passed by the Council shall be promptly delivered by the Clerk Treasurer to the Mayor for his approval or disapproval. If the Mayor approves any ordinance, he shall sign it. The Mayor shall return all ordinances to the Clerk Treasurer within six (6) days after delivery to him, including the days of delivery and return and excluding Sunday, with his approval or disapproval. Any ordinance approved by the Mayor shall be law. Any ordinance disapproved by the Mayor shall be returned with a message stating the reasons for his disapproval. Any disapproved ordinance shall not become a law unless subsequently passed by a unanimous vote of the Council within thirty five (35) calendar days from the time of the return of the ordinance. If the Mayor fails to return any ordinance within six (6) days of its delivery as aforesaid, it shall be deemed to be approved by the Mayor and shall become law in the same manner as an ordinance signed by him. Section C2 12. Referendum. It [If], before the expiration of twenty (20) calendar days following approval of any ordinance by the Mayor or passage of any ordinance over the Mayor s veto, a petition is filed with the Clerk Treasurer containing the signatures of not less than twenty percent (20%) of the qualified voters of the city and requesting that the ordinance or any part thereof be submitted to a vote of the qualified voters of the city for their approval or disapproval, the Council shall have the ordinance or the part thereof requested for referendum submitted to a vote of the qualified voters of the city at the next regular city election or, in the Council s discretion, at a special election occurring before the next regular election. No ordinance or the part thereof requested for referendum shall become effective following the receipt of such petition until and unless approved at the election by a majority of the qualified voters voting on the question. An emergency ordinance or the part thereof requested for referendum shall continue in effect for sixty (60) days following receipt of such petition. If the question of approval or disapproval of any emergency ordinance or any part thereof has not been submitted to the qualified voters within sixty (60) days following receipt of the petition, then the operation of the ordinance or the part thereof requested for

10 38-4 Municipal Charters of Maryland referendum shall be suspended until approved by a majority of the qualified voters voting on the question at any election. Any ordinance or part thereof disapproved by the voters shall stand repealed. The provisions of this section shall not apply to any ordinance or part thereof passed under the authority of Sections C6 6, C6 13 and C6 20 levying property taxes for the payment of indebtedness, but the provisions of this section shall apply to any ordinance or any part thereof levying special assessment charges under the provisions of Sections C10 1 and C10 2. The provisions of this section shall be self executing, but the Council may adopt ordinances in furtherance of these provisions and not in conflict with them. Section C2 13. Filing of ordinances. Ordinances shall be permanently filed by the Clerk Treasurer and shall be kept available for public inspection. Section C2 14. Resolutions. All resolutions shall be passed by a majority of affirmative votes of the Council members present and voting by roll call vote. All resolutions shall be attested by the City Clerk. (Res. No. 399, ) Section C3 1. Election; term. ARTICLE III Mayor The Mayor shall be elected for a term of four (4) years or until a successor is elected and has qualified. The newly elected Mayor shall take office on the second Monday following the election. (Res. No. 204, ) Section C3 2. Qualifications. The Mayor must have resided in the city for at least two (2) years immediately preceding his election and must be a qualified voter of the city. (Amended by Res. No. 146.) Section C3 3. Salary. The Mayor shall receive an annual salary as set from time to time by an ordinance passed by the Council in the regular course of business; provided, however, that no change shall be made in the salary for any Mayor during the term for which he was elected. The ordinance making any change in the salary paid to the Mayor, either by way of increase or decrease, shall be finally ordained prior to the municipal election to elect the next succeeding Mayor and shall take effect only as to the next succeeding Mayor.

11 Charter of the City of Crisfield 38-5 Section C3 4. Powers and duties. A. The Mayor with the approval of the Council shall appoint all boards and commissions and a City Manager. The Vice President of the Council shall be Deputy Mayor. The City Manager shall recommend appointments for the heads of all offices, departments and agencies of the City government as established by this Charter or by ordinance, which appointments shall then be made by the Mayor with the approval of the Council. The City Manager shall also perform normal and routine, day to day responsibilities. All department heads shall serve at the pleasure of the Mayor and Council with the exception of the Chief of Police, as set forth in C3 4H. All subordinate officers and employees of the offices, department and agencies of the City government shall be appointed and removed by the Mayor and City Manager, in accordance with the rules and regulations in any merit system which may be adopted by the Council. B. The Mayor and City Manager shall see that the ordinances of the city are faithfully executed and shall be respectively the chief and deputy executive officers and the City Manager shall be the head of the administrative branch of the city government. C. The City Manager shall report to the Council each year on the condition of municipal affairs and make such recommendations as he deems proper for the public good and the welfare of the city. D. The Mayor shall have the power to veto ordinances passed by the Council as provided in C2 11. E. The Mayor shall annually prepare or have prepared a budget and submit it to the Council. The City Manager shall supervise the administration of the budget as adopted by the Council and shall supervise the disbursement of all moneys and have control over all expenditures to assure that budget appropriations are not exceeded. F. The Mayor and City Manager shall have such other powers and perform such other duties as may be prescribed by this Charter or as may be required of him by the Council not inconsistent with this Charter. G. The term of office of the City Manager shall coincide with the term of the Clerk Treasurer. Upon recommendation by the Mayor after fourteen days prior notice to the City Manager stating the cause for the recommendation, the City Council may by majority action, remove the City Manager. The Council may also initiate action for removal with a majority decision at two successive regular meetings, and override a mayoral veto with a unanimous decision. Such action shall be taken in public session after the City Manager has been given the opportunity to respond orally or in writing. The Mayor may suspend the City Manager with pay after giving the notice until the Council acts upon the recommendation. H. Upon the initial appointment of the Chief of Police, in the manner set forth in C3 4A., the Chief of Police shall serve a probationary term of two (2) years, during which the Chief of Police shall serve at the pleasure of the Mayor and Council. Upon the conclusion of the two (2) year probationary term, the Mayor with the approval of the council shall determine, within

12 38-6 Municipal Charters of Maryland their discretion, in a hearing open to the public, not less than fifteen (15) days following the conclusion of the probationary term cited herein, whether the probationary term shall be deemed completed or instead extended. If extended, the Chief of Police s probationary term shall be similarly reviewed and acted upon at a public hearing held within fifteen (15) days following the conclusion of the extended probationary term. If the Mayor with the approval of council retains the Chief of Police following the completion of the two (2) year probationary term, or any probation term authorized thereafter, the Chief of Police shall be terminated pursuant to only a showing of cause. Cause is defined to mean incompetence, neglect of duty, malfeasance, misfeasance, insubordination, and material violation of the City s drug and/or alcohol use policies, as established from time to time. If the Mayor decides that the Chief of Police should be terminated for cause, then the Mayor shall serve a written notice upon the Chief of Police specifying the grounds for termination. The Chief of Police shall have the opportunity to be heard in his own defense at a hearing before the Mayor and Council. The hearing shall not be open to the public and shall be held not less than five days, nor more than ten days, after the Police Chief is given notice of his termination. The hearing shall be conducted in accordance with such rules and procedures as may be proposed by the Mayor and adopted by the Council, from time to time. After the conclusion of the hearing, the Mayor and Council may privately deliberate before rendering a decision; provided, however, that a written decision must be rendered within five days from the conclusion of the hearing. In order to uphold the termination of the Chief of Police, the vote of the Mayor and at least three votes of Council must be in favor of termination. (Amended by Res. No. 189; by Res. No. 289; by Res. No. 402.) Section C4 1. Powers. ARTICLE IV Powers; Enforcement 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 and for printing and publishing statements as to the business of the city.

13 Charter of the City of Crisfield 38-7 (2) Aisles. 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. (3) Amusements. To provide, in the interest of the public welfare, for licensing, regulating or restraining theatrical or other public amusements. (4) Appropriations. To appropriate municipal moneys for any purpose within the powers of the Council. (5) Auctioneers. To regulate the sale of all kinds of property at auction within the city and to license auctioneers. (6) Band. To establish a municipal band, symphony orchestra or other musical organization and to regulate by ordinance the conduct and policies thereof. (7) 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. (8) Bridges. To erect and maintain bridges. (9) 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 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; and 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. (10) Cemeteries. To regulate or prohibit the interment of bodies within the municipality and to regulate cemeteries. (11) Codification. To provide for the codification of all ordinances which have been or may hereafter be passed. (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 of the city at unreasonable hours of the night.

14 38-8 Municipal Charters of Maryland (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) Disorderly houses. To suppress bawdy houses, disorderly houses and houses of ill fame. (18) 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 same and to provide for the disposition of homeless dogs and dogs on which no license fee or taxes are paid. (19) Elevators. To require the inspection and licensing of elevators and to prohibit their use when unsafe or dangerous or without a license. (20) Explosives. To regulate or prevent the storage of gunpowder, oil 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. (21) 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. (22) 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. (23) 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 the 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. (24) Food. To inspect and to require the condemnation of, if unwholesome, and to regulate the sale of any food products.

15 Charter of the City of Crisfield 38-9 (25) Franchises. To grant and regulate franchises to water 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 Article 23 of the Annotated Code of Maryland. No franchise shall be granted for a longer period than fifty (50) years. (26) Gambling. To restrain and prohibit gambling. (27) 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. (28) Grants in aid. To accept gifts and grants of federal or of state funds from the federal or state governments or any agency thereof and to expend the same for any lawful public purpose, agreeably to the conditions under which the gifts or grants were made. (29) 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. (30) 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 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. (31) 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. (32) 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. (33) Licenses. Subject to any restrictions imposed by the public general laws of the state, to license and regulate all persons beginning or conducting 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.

16 38-10 Municipal Charters of Maryland (34) 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. (35) Lights. To provide for the lighting of the city. (36) 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. (37) Markets. To obtain by lease or rent, own, construct, purchase, operate and maintain public markets within the city. (38) 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. (39) Noise. To regulate or prohibit unreasonable ringing of bells, crying of goods or sounding of whistles and horns. (40) 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 be 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 and renderies. This listing is by way of enumeration not limitation. (41) 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. (42) 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. (43) Parking meters. To install parking meters on the streets and public places of the city in such places as they shall by ordinance determine and by ordinance to prescribe rates and provisions for the use thereof, except that the installation of parking meters on any street or road maintained by the State Roads Commission of Maryland must first be approved by the Commission.

17 Charter of the City of Crisfield (44) Parks and recreation. To establish and maintain public parks, gardens, playgrounds and other recreation facilities and programs to promote the health, welfare and enjoyment of the inhabitants of the city. (45) Police force. To establish, operate and maintain a police force. All city policemen shall, within the municipality, have the powers and authority of constables in this State. (46) Police powers. To prohibit, suppress and punish, within the city, all vice, gambling and games of chance; prostitution and solicitation therefor and the keeping of bawdy houses and houses of ill fame; all tramps and vagrants; and all disorder, disturbances, annoyances, disorderly conduct, obscenity, public profanity and drunkenness. (47) Property. To acquire, by conveyance, purchase or gift, real 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 property when no longer needed for the public use after having given at least twenty (20) days public notice of the proposed conveyance; and to control, protect and maintain public buildings, grounds and property of the city. health. (48) Quarantine. To establish quarantine regulations in the interest of the public (49) 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. (50) 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. (51) 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. (52) Taxicabs. To license, tax and regulate public hackmen, taxicabmen, draymen, drivers, cabmen, porters and expressmen and all other persons pursuing like occupations. (53) Vehicles. To regulate and license wagons and other vehicles not subject to the licensing powers of the State of Maryland. (54) Voting machines. To purchase, lease, borrow, install and maintain voting machines for use in city elections. (55) Zoning. To exercise the powers as to planning and zoning conferred upon municipal corporations generally in Article 66B [the Land Use Article] of the Annotated Code of Maryland, subject, however, to the limitations and provisions of said Article.

18 38-12 Municipal Charters of Maryland 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. Section C4 2. Exercise of powers. 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. Section C4 3. Enforcement. (See note (1)) To ensure the observance of the ordinances of the city, the Council shall have the power to provide that violation thereof shall be a municipal infraction governed by the provisions of Chapter 10 of the City Code and 3(b) of Article 23A of the Annotated Code of Maryland. The Council may provide that where the violation is of a continuing nature and is persisted in a conviction for one (1) violation shall not be a bar to a conviction for a continuation of the offense subsequent to the first or any succeeding conviction. (Amended by Res. No. 283.) Section C5 1. Voters. ARTICLE V Elections Every person who is a citizen of the United States; is at least eighteen (18) years of age; and is registered in accordance with Section 42 6 of the City Code, shall be a duly qualified voter of the City. Every duly qualified voter of the City shall be entitled to vote at any or all City elections. (Amended by Res. No. 149; by Res. No. 238; by Res. No. 245; by Res. No. 400.) Section C5 2. Board of Supervisors of Elections. The Mayor with the advice and consent of the Council shall appoint at least three (3) resident and qualified voters of the City to serve as a Board of Supervisors of Elections. The Board shall appoint one of its members as Chairman. The term of the members shall be four (4) years staggered. Any vacancy during the unexpired term of a member shall be filled by the Mayor with the advice and consent of the Council for the remainder of the term. All members shall serve until their successors are appointed and qualified. No member of the Board shall hold or be candidates for any elective office during their term of office. The compensation of the City Board shall be determined by the Council. (Amended by Res. No. 400.) Section C5 3. Removal of Members. Any member of the Board of Supervisors of Elections may be removed for good cause by the Council. Before removal, the member of the Board of Supervisors of Elections to be removed

19 Charter of the City of Crisfield shall be given a written copy of the charges against him and shall have a public hearing on them before the Council if he so requests within ten (10) days after receiving the written copy of the charges against him. Good cause as used herein shall mean any cause that could result in the removal of the Mayor or a Councilmember from office. (Amended by Res. No. 400.) Section C5 4. Duties of Board. The duties of the Board of Supervisors of Elections shall be set forth in Chapter 42 of the City Code, as the same shall be amended from time to time. (Amended by Res. No. 400.) Section C5 5. Conduct of elections. The Council shall have the power by ordinance to conduct elections and to govern all aspects thereof, which provisions shall be set forth in Chapter 42 of the City Code, as the same shall be amended from time to time. (Amended by Res. No. 400.) Section C5 6. Nomination. No person shall be a candidate for any public office in the government of the City unless he or she shall file a certificate of nomination with the City Clerk on or before 5:00 p.m. on the first Monday in April next preceding the election. The certificate of nomination shall contain the person s name, address, the name of the office the person is seeking, a statement that the person is qualified to be a candidate for that office and the signature of the person. No person shall file a nomination to more than one (1) elective City office or hold more than one (1) elective City office at one time. (Amended by Res. No. 160; by Res. No. 400; by Res. No. 415.) Section C5 7. Filing fee. Every candidate for the office of Mayor, at the time of filing his or her certificate of nomination, as set forth above, shall pay to the City Clerk the sum of fifteen dollars ($15). Every candidate for Councilmember, at the time of filing his or her certificate of nomination, as set forth above, shall pay to the City Clerk the sum of ten dollars ($10). (Amended by Res. No. 400.) Section C5 8. Conduct of elections generally. It shall be the duty of the Board of Supervisors of Elections, or its authorized designee to provide for each special and general election a suitable place or places for voting. The ballots and/or voting machines shall show the name of each candidate nominated for elective office in accordance with the provisions of this Charter, arranged in alphabetical order by office with no party designation of any kind. The Board shall keep the polls open from 7:00 a.m. to 7:00 p.m. on election days, or for longer if the Council requires it. (Amended by Res. No. 400.)

20 38-14 Municipal Charters of Maryland Section C5 9. Election of Mayor and Council. On the third Wednesday in June in every other even numbered year, the qualified voters of the City shall elect one person as Mayor and three persons as Councilmembers to serve for terms of four years. On the third Wednesday in June in every other even number year in which the qualified voters are not voting to elect one person as Mayor and three persons as Councilmembers, the qualified voters of the City shall elect two persons as Councilmembers. (Amended by Res. No. 400.) Section C5 10. Notice of elections. The City Clerk shall, by publication in one (1) or more newspapers published in the City of Crisfield at least ten (10) days prior to holding any general or special election, give notice thereof, stating the object of said election and the time and place and hours of the same. (Amended by Res. No. 400.) Section C5 11. Challengers and Watchers. Challengers and watchers representing any candidate in any primary or City election shall be allowed to be present at any voting precinct during the voting and counting of the ballots as provided by law with respect to general elections. (Amended by Res. No. 400.) Section C5 12. Vote Count. Within forty eight hours after the closing of the polls, the Board of Supervisors of Elections shall determine the vote cast for each candidate and shall certify the results of the election to the Clerk Treasurer of Crisfield, who shall record the results in the minutes of the Council. The candidate for Mayor who received the highest number of votes shall be declared Mayor. The candidates for Councilmember with the highest number of votes shall be declared elected as Councilmember to the number of offices being filled. All ballots and other records used in any town elections shall be preserved for at least six months from the date of the election. (Amended by Res. No. 382; by Res. No. 400.) Section C5 13. Vacancies. In case of a vacancy for any reason in the Council, the Council, within four (4) weeks of the occurrence of the vacancy, shall elect some qualified person to fill such vacancy for the unexpired term. In case of a vacancy for any reason in the office of Mayor, the Council, within four (4) weeks of the occurrence of the vacancy, shall elect some qualified person to serve as Acting Mayor for the unexpired term. Any vacancies in either the Council or the office of Mayor shall be filled by a majority vote of all the members of the Council. In case the Mayor or any Councilman shall fail to qualify within five (5) days of notification of election, a vacancy shall exist to be filled as provided in this section. The Council shall immediately certify any vote so taken to the City Clerk. The City Clerk shall record the vote and shall forthwith notify the person

21 Charter of the City of Crisfield so elected, who shall, within five (5) days of notice, qualify in the manner as regularly elected City officials. (Amended by Res. No. 400.) Section C5 14. Recount. In a general or special election, a recount may be requested in accordance with the State Election Article. A recount in such an election shall be conducted in the manner provided in the State Election Article. (Amended by Res. No. 400.) Section C5 15. Violations and penalties. Any person who fails to perform any duty required of him or her under the provisions of this Article or Chapter 42 of the Code, in any manner, willfully or corruptly violates any of the provisions of this Article or Chapter 42 of the Code, or does anything that will or will tend to affect fraudulently any registration, nomination, or City election shall be referred to the County s State s Attorney s Office for prosecution. Any person who is convicted shall cease to hold office or employment with the City. (Amended by Res. No. 400.) ARTICLE VI Finance Section C6 1. Appointment, term and compensation of Clerk Treasurer. (See note (1)) There shall be a Clerk Treasurer appointed by the Mayor with the approval of the Council for a term of four (4) years or until his successor is appointed and qualified. Compensation shall be determined by the Council. The Clerk Treasurer shall be the chief financial officer of the city. The financial powers of the city, except as otherwise provided by this Charter, shall be exercised by the Clerk Treasurer under the direct supervision of the Mayor and City Manager. (Amended by Res. No. 190.) Section C6 2. Powers and duties of Clerk Treasurer. Under the supervision of the Mayor, the Clerk Treasurer shall have the authority and shall be required to: A. Prepare, at the request of the Mayor, an annual budget to be submitted by the Mayor to the Council. B. Supervise and be responsible for the disbursement of all moneys and have control over all expenditures to assure that budget appropriations are not exceeded. C. Maintain a general accounting system for the city in such form as the Council may require, not contrary to state law.

22 38-16 Municipal Charters of Maryland D. Submit, at the end of each fiscal year and at such other times as the Council may require, a complete financial report to the Council through the Mayor. E. Ascertain that all taxable property within the city is assessed for taxation. F. Collect all taxes, special assessments, license fees, liens and all other revenues, including utility revenues, of the city and all other revenues for whose collection the city is responsible and receive any funds receivable by the city. G. Have custody of all public moneys belonging to or under the control of the city, except as to funds in the control of any set of trustees, and have custody of all bonds and notes of the city. H. Do such other things in relation to the fiscal or financial affairs of the city as the Mayor or the Council may require or as may be required elsewhere in this Charter. Section C6 3. Bond of Clerk Treasurer. The Clerk Treasurer shall provide a bond with such corporate surety and in such amount as the Council by ordinance may require. Section C6 4. Fiscal year. The city shall operate on an annual budget. The fiscal year of the city shall begin on the first day of July and shall end on the 30th day of June in each year. Such fiscal year shall constitute the tax year, the budget year and the accounting year. (Amended by Res. No. 147.) Section C6 5. Submission of budget to Council; public inspection. The Mayor, on such date as the Council by ordinance shall determine, but at least twenty (20) days before the beginning of any fiscal year, shall submit a budget to the Council. The budget shall provide a complete financial plan for the budget year and shall contain estimates of anticipated revenues and proposed expenditures for the coming year. The total of the anticipated revenues shall equal or exceed the total of the proposed expenditures. The budget shall be a public record in the office of the Clerk Treasurer and open to public inspection by anyone during normal business hours. Section C6 6. Amendment and adoption of budget. The Council may insert new items or may increase or decrease the items of the budget. Where the Council shall increase the total proposed expenditures, it shall also increase the total anticipated revenues in an amount at least equal to such total proposed expenditures. The budget shall be prepared and adopted in the form of an ordinance. A favorable vote of at least a majority of the total elected membership of the Council shall be necessary for adoption.

23 Charter of the City of Crisfield Section C6 7. Appropriations. No public money shall be expended without having been appropriated by the Council. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes named therein. Section C6 8. Transfer of funds. Any transfer of funds between major appropriations for different purposes by the Mayor must be approved by the Council before becoming effective. Section C6 9. Over expenditure. No officer or employee shall, during any budget year, expend or contract to expend any money or incur any liability or enter into any contract which, by its terms, involves the expenditure of money for any purpose in excess of the amounts appropriated for or transferred to that general classification of expenditure pursuant to this Charter. Any contract, verbal or written, made in violation of this Charter shall be null and void. Nothing in this section contained, however, shall prevent the making of contracts or the spending of money for capital improvements to be financed, in whole or in part, by the issuance of bonds, nor the making of contracts of lease for services for a period exceeding the budget year in which such contract is made when such contract is permitted by law. Section C6 10. Lapse of appropriations at end of budget year. All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered. Section C6 11. Issuance of checks. All checks issued in payment of salaries or other municipal obligations shall be issued by the Clerk Treasurer and shall be countersigned by the Mayor. Section C6 12. Taxable property. 1. All real property and all tangible personal property within the corporate limits of the city or personal property which may have a situs there by reason of the residence of the owner therein shall be subject to taxation for municipal purposes, and the assessment used shall be the same as that for state and county taxes. No authority is given by this section to impose taxes on any property which is exempt from taxation by any Act of the General Assembly. 2. The property tax levied upon any real property in the City of Crisfield that is owned by and used as the principal residence of an individual who is at least seventy (70) years old shall, upon application of that individual, be reduced by One Hundred Dollars ($100.00) per tax year, subject to such regulations and procedures for the application and uniform processing of requests,