CHARTER OF THE Town of New Windsor CARROLL COUNTY, MARYLAND As found in the Public Local Laws of Carroll County 1976 Edition, 1979 Supplement, as amended (Reprinted November 2008)
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Charter of the Town of New Windsor 105 - iii CONTENTS General Corporate Powers Section 11 1. Incorporated; general powers. 11 2. Boundaries and annexations. Corporate Limits The Council 11 3. Number; selection; term. 11 4. Qualifications. 11 5. Salary. 11 6. Meetings. 11 7. Judge of election and qualification of members. 11 8. President. 11 9. Quorum. 11 10. Procedure. 11 11. Vacancies. 11 12. Ordinances. 11 13. Vetoes. 11 14. Referenda. 11 15. File of ordinances. 11 16. Selection; term. 11 17. Qualifications. 11 18. Salary. 11 19. Powers and duties. 11 20. Listed. 11 21. Exercise of powers. 11 22. Enforcement. 11 23. Voters. The Mayor General Powers Registration, Nominations, and Elections
105 - iv Municipal Charters of Maryland 11 24. Supervisors of Elections. 11 25. Same; removal. 11 26. Same; duties. 11 27. Notice. 11 28. Registration. 11 29. Appeals. 11 30. Nominations. 11 31. Primaries. 11 32. Election of Mayor and Council. 11 33. Conduct of elections. 11 34. Special elections. 11 35. Vote count. 11 36. Preservation of ballots. 11 37. Vacancies. 11 38. Women. 11 39. Regulation and control. 11 40. Penalties. 11 41. Clerk treasurer. 11 42. Same; powers and duties. 11 43. Same; bond. 11 44. Fiscal year. 11 45. Budget. 11 46. Same; adoption. 11 47. Appropriations. 11 48. Transfer of funds. 11 49. Over expenditures. 11 50. Appropriations lapse. 11 51. Checks. 11 52. Property taxable. 11 53. Budget authorizes levy. 11 54. Notice of tax levy. 11 55. Taxes overdue. 11 56. Tax sales. 11 57. Fees. 11 58. Audits. 11 59. Tax anticipation borrowing. 11 60. Borrowing power; public works. 11 61. Payment of indebtedness. 11 62. Previous bond issues. 11 63. Purchases and contracts. Finance
Charter of the Town of New Windsor 105 - v 11 64. Clerk to Council. 11 65. Attorney. 11 66. Authority to employ. 11 67. Merit system. 11 68. Classified and unclassified service. 11 69. Prohibitions. 11 70. Retirement system. 11 71. Compensation of employees. 11 72. Employee benefit programs. 11 73. Definitions. 11 74. Control. 11 75. Powers. 11 76. Sidewalks. 11 77. Powers. 11 78. Structures in public ways. 11 79. Obstructions. 11 80. Entering county public ways. 11 81. Connections. 11 82. Same; charge. 11 83. Improper uses of system. 11 84. Private system. 11 85. Extensions beyond boundary. 11 86. Right of entry. 11 87. Pollution of water supply. 11 88. Contracts for service. 11 89. Charges. 11 90. Exceptions. 11 91. Powers. 11 92. Procedure. 11 93. Acquisition; possession; disposal. 11 94. Condemnation. Personnel Public Ways and Sidewalks Water and Sewers Special Assessments Town Property
105 - vi Municipal Charters of Maryland 11 95. Buildings. 11 96. Protection. 11 97. Oath of office. 11 98. Surety bonds. 11 99. Prior rights and obligations. 11 100. Misdemeanors. 11 101. Effect on existing ordinances. 11 102. Separability. 11 103. Definitions. General Provisions
105-1 Section 11 1. Incorporated; general powers. NEW WINDSOR General Corporate Powers The inhabitants of the Town of New Windsor within the corporate limits legally established from time to time are hereby constituted and/or continued a body corporate by the name of The Town of New Windsor 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. (1965 Code, sec. 313. Res. 1, Dec. 13, 1960, sec. 3; Res., Oct. 1, 1974, sec. 313.) (See note (8)) Corporate Limits Section 11 2. Boundaries and annexations. (See Note (8)) (a) Filing. The courses and distances showing the exact corporate limits of the town shall be filed at all times with the Clerk of the Circuit Court of Carroll County, the Commissioner of the Land Office, (See note (1)) the Director of the Department of Legislative Reference [Services] and the office of the Mayor or of the Town Clerk. All the officials named in this section are hereby directed to file or record all such descriptions of corporate boundaries so filed with them, each in a suitable book or place, properly indexed and reasonably available for public inspection during normal business hours. (b) Description. The corporate limits of the Town of New Windsor are as follows: Beginning at a concrete monument now to be planted at the northeast corner of the said corporate limits and on a line between the land of Paul E. Buckey and the Relief Center and running thence with this line, extending the same, (1) S. 66 1/2 W., 133.9 rods to a concrete monument to be planted on the west edge of Water Street, extended and passing the middle of the Uniontown Road at the end of 87.1 rods thereon; thence (2) S. 49 W., 33.9 rods to a concrete monument to be planted on the west edge of the Western Maryland Railroad right of way; thence (3) S. 23 E., 74.5 rods to a concrete monument to be planted and passing the middle of the old Liberty Road at the end of 50.7 rods; thence (4) S. 66 7/8 E., 44.2 rods to a concrete monument to be planted on the north side of a private road; thence diagonally crossing the said road, (5) N. 56 7/8 E., 27.0 rods to a concrete monument to be planted on the northeast side of the Western Maryland Railroad right of way and passing the middle of the Frederick Road at the end of 20.0 rods; thence along the northern line of the Philip B. Snader land so as to exclude the same, (6) N. 52 5/8 E., 109.0 feet to a wild cherry tree; thence (7) N. 59 1/2 E., 14.6 rods to a concrete monument to be planted; thence (8) N. 31 1/2 W., 81.8 rods to the beginning. Provided, however, that for all sanitary and police regulations, the authority and control of said municipal corporation shall extend for one quarter of a mile in every direction beyond the aforesaid limits. (c) Same; annexation of 1968. And all that tract of land annexed to the Town of New Windsor by the Resolution of Annexation dated November 4, 1968, described as follows:
105-2 Municipal Charters of Maryland Beginning at the point where the southern marginal line of Springdale Road (formerly Smelser Road) intersects the existing eastern corporate boundary of the Town of New Windsor, running thence (1) northeasterly with the said southern marginal line of Springdale Road to the Rowe Road; thence (2) easterly with the southern marginal line of the Rowe Road to the end of the first or N 9 E 72 3/4 perch line of the land conveyed by Adam Englar to J. Frank Getty by deed dated April 6, 1878, recorded among the land records of Carroll County in Liber No. FTS 49, Folio 386 (presently part of the Weller Brothers, Inc. farm); thence reversely with said line (3) S 9 W 72 3/4 perches to the end of the eighth or N 9 E 2 perch line of the 10 acre, 2 rods and 6 square perches tract of land conveyed by Uriah Englar to Isaac S. Brilhart by deed dated September 5, 1874 and recorded among said land records, Liber FTS 44, Folio 205 (presently part of the Weller Brothers, Inc., farm); thence, reversely with the eighth and seventh lines of said 10 acre, 2 rods and 6 square perches tract (4) S 9 W 2 perches (5) S 38 W 8 perches to the end of the sixth line of N 38 E 61 1/2 perch line of the 33 acre 5 square perch tract of land conveyed by said Uriah Englar to Isaac S. Brilhart by deed dated September 5, 1874 and recorded among said land records, Liber FTS 44, Folio 205 (presently part of the Weller Brothers, Inc., farm); thence reversely with said line (6) S 38 W 61 1/2 perches to the end of the eleventh line or N 39 E 7 perch line of the land conveyed by George P. B. Englar and wife unto Edward E. Lescalleet and wife, dated April 6, 1921 and recorded among the said land records in Liber EOC 138, Folio 268 (formerly the George Englar Farm and presently the Philip B. Snader Farm); thence, with the twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, and eighteenth lines of said deed (7) N 36 W 44 8/10 perches, (8) N 51 1/2 W 15 1/2 perches, (9) N 47 W 20 perches, (10) S 78 W 8 84/100 perches, (11) S 55 3/4 W 8 24/100 perches, (12) S 40 E 1 32/100 perches, and (13) S 48 W to the intersection of the southeastern corner of the existing boundary of the corporate limits of the Town of New Windsor with said eighteenth or S 48 W 20 57/100 perch line as designated by concrete post formerly set with marking N.W., thence (14) northerly with the existing eastern boundary of said town to the place of beginning. (d) Same; annexation of 1978. Beginning for the same at concrete monument now set on the Southwest right of way line of the Western Maryland Railroad, 66.00 feet wide, at the corner formed by the intersection of said Southwest right of way line with the 13 th or North 47 3/8 East 42 foot line of land which by deed dated August 30, 1977 and recorded among the Land Records of Carroll County in Liber C.C.C. 677 folio 131, was conveyed by June L. Keck, et al, to Marc L. Apter and Helene Duane Apter, his wife, said place of beginning being also situate on the West boundary line of the Town of New Windsor, thence leaving said place of beginning and said Southwest right of way line of the Western Maryland Railroad and running with and binding reversely on part of said 13 th line and running also with and binding on the West boundary line of the Town of New Windsor, as now surveyed and referring all courses of this description to the true meridian established by solar observation, 1) South 31 20 30 West 40.50 feet to an iron pipe, thence running with and binding on the outline of the land described in said deed and still running with and binding on the Western boundary lines of the Town of New Windsor, the two following courses and distances, viz; 2) South 30 09 04 East 142.03 feet to a stone, and thence 3) South 15 12 41 East 351.30 feet to an iron pipe in the bed of Old New Windsor Road, thence leaving the West boundary lines of said Town of New Windsor and running with and binding in the bed of said road and running also with and binding on the outline of said land 4) South 17 09 57 West 296.53 feet to a stone, thence leaving said Old New
Charter of the Town of New Windsor 105-3 Windsor Road and running with and binding on the outline of the land described in said deed the 13 following courses and distances, viz; 5) South 80 50 52 West 152.00 feet to an iron pipe, thence 6) South 06 21 44 West 251.00 feet to an iron pipe, thence 7) South 79 36 03 West 269.00 feet to a stone, thence 8) South 14 39 17 West 165.62 feet to an iron pipe, thence 9) North 78 58 02 West 594.00 feet to an iron pipe, thence 10) South 13 44 23 West 385.00 feet to an iron pipe, thence 11) South 76 25 28 East 28.24 feet to an iron pipe, thence 12) South 13 34 32 West 250.00 feet to a railroad spike in or near the centerline of Hawk s Hill Road, thence running with and binding in the bed of said road 13) North 76 25 28 West 33.44 feet to a railroad spike, thence still running with and binding in the bed or said road 14) North 65 11 11 West 392.95 feet to a railroad spike, thence leaving said Hawk s Hill Road and running 15) North 11 24 46 East 700.00 feet to an iron pipe, thence 16) North 78 21 08 West 470.09 feet to a concrete monument and thence 17) North 11 58 47 East 2209.59 feet to a concrete monument and to the Southwest right of way line of the Western Maryland Railroad, thence running with and binding on the Southwest right of way line of said Western Maryland Railroad the three following courses and distances, viz; 18) South 59 58 30 East 141.96 feet to an iron pipe, thence 19) by a line curving to the right in a Southeasterly direction with the radius of 1393.45 feet for the distance of 416.28 feet, the arc of which is subtended by a chord bearing South 51 25 00 East 414.74 feet to a concrete monument, and thence 20) South 42 51 30 East 1382.62 feet to the place of beginning containing 77.8857 acres of land, more or less. (e) Same; annexation of 1982. Beginning for the same at a point on the existing Corporate Limits of the Town of New Windsor, said point being on and distant North 34 58 27 East 466.34 feet from the beginning of the North 35 53 40 East 560.00 foot line of a tract of land conveyed unto Joel C. Kaufman and Rosemary N. Kaufman, his wife, by deed dated January 30, 1978 and recorded among the Land Records for Carroll County in Liber C.C.C. 694 folio 52, running thence with the existing Corporate Limits and on said line with all bearings referred to the Maryland State Grid Meridian North 34 58 [ ] 27 East 109.19 feet to the end of said line and to a point on the southern most right of way line of Maryland Route 31 as shown on State Roads Commission Right of Way Plat No. 29214; thence leaving said existing Corporate Limits and with said Southernmost Right of way line as shown on the following Plats No. 29213, No. 29214, and No. 29331, South 53 41[ ] 40 East 38.77 feet to a point being distant South 07 53 14 East 177.00 feet from base line of right of way station 337+54 as shown on said Plat No. 29214; thence North 35 08 10 East 20.52 feet to a point; thence North 76 56 59 East 166.68 feet to a point; thence with a line curving to the left having a radius of 50.00 feet for an arc length of 72.19 feet to a point, said curved line having a chord of North 35 13 30 East 64.38 feet, thence North 82 06 46 East 80.00 feet to a point, thence North 86 34 39 East 50.99 feet to a point, thence North 82 06 46 East 650.00 feet to a point, thence South 86 34 35 East 50.99 feet to a point, thence North 87 49 25 East 201.00 feet to a point; said point being distant South 07 53 14 East 140.00 feet, from centerline station 325+00 as shown on S.R.C. Plat No. 29213, thence North 67 10 53 East 155.24 feet to a point, said point also being at the end of the North 67 01 14 East 60.72 foot line as shown, on a plat of Tibbetts Industrial Park, Tract C, and recorded among the land records for Carroll County in Platbook 12 page 28, thence with said plat and continuing with said Right of Way North 82 06 46 East 700.00 feet to a point, thence North 70 48 12 East 50.99 feet to a point, thence North 82 06 46 East 102.38 feet to a point at right angles and 90.00 feet from centerline station 314+97.62, thence with a line curving to the left with a radius of 4673.66 feet for an arc length of 1199.77
105-4 Municipal Charters of Maryland feet, said curved line having a chord of North 74 45 31 East 1196.48 feet, said point being at right angles and 90.00 feet from centerline station 303+20.95, thence North 67 24 16 East 35.95 feet to a point, thence North 57 27 55 East 3.55 feet to a point at the beginning of the South 34 47 12 East 784.70 feet line of a tract of land conveyed unto the County Commissioners of Carroll County be [by] deed dated June 10, 1977 and recorded among the Land Records for Carroll County in Liber C.C.C. 681 folio 13, thence leaving said Maryland Route 31 Right of Way line and with said County Commissioners line South 34 37 58 East 783.75 feet to a point in the centerline of Western Maryland Railroad, (66 R/W) thence with the centerline of said Railroad South 64 48 04 West 101.04 feet to a point, thence South 63 17 33 West 200.61 feet to a point, thence South 61 09 50 West 222.86 feet to a point, thence South 58 51 24 West 187.56 feet to a point in the centerline of Western Maryland Railroad and at the end of the south 33 59 48 East 330.00 foot line of a parcel of land conveyed unto John M. Winter, Jr., and Mary Josephine Winter, his wife, by deed dated June 19, 1972 and recorded among the aforesaid Land Records in Liber C.C.C. 514 folio 187, thence leaving the centerline of said Railroad reversely with the outline of said Winters property North 33 48 09 West 330.00 feet to a point, thence North 69 39 33 West 185.67 feet to a point on the Eastern Right of Way line of a 70.00 foot proposed street known as Tibbetts Lane, thence with the Eastern side of said proposed street, and with a line curving to the right with a radius of 673.27 feet for an arc length of 64.51 feet to a point, said curved line having a chord of South 12 50 09 West 64.48 feet, thence South 15 35 05 West 100.00 feet to a point, thence with a line curving to the left having a radius of 533.60 feet for an arc length of 229.88 feet to a point, said curved line having a chord of South 03 14 35 West 228.10 feet, thence South 09 05 55 East 100.00 feet to a point, thence with a line curving to the right having a radius of 594.08 feet for an arc length of 106.53 feet to a point in the centerline of Western Maryland Railroad, said curved line having a chord of South 03 52 21 East 106.39 feet, thence leaving the outline of said Winter lands and with the centerline of the Western Maryland Railroad South 56 08 58 West 703.26 feet; thence leaving said Railroad and with the outline of Tract C as shown on the aforesaid Tibbetts Industrial Park Plat North 83 02 08 West 484.17 feet to a stone found; thence North 30 16 35 West 941.68 feet to a point; thence North 03 53 40 East 201.53 feet to a point, thence leaving said Tibbett s Park outline and through the lands of Jerry Eugene Lease, et al, as recorded among the aforesaid Land Records in Liber L.W.S. 770 folio 602, South 80 25 22 West 1432.00 feet to the place of beginning. Containing 53.278 acres of land more or less. (1965 Code, sec. 314. Res. 1, Dec. 13, 1960, sec. 4; Res., Nov. 4, 1968; Res., Oct. 1, 1974, sec. 314.) (f) Same; annexation of 1985. All that lot or parcel of land situate on the north side of Rowe Road, 11th Election District, Carroll County, State of Maryland, known as Lot No. 3, Plat A, Garland Acres, recorded among the Land Records of Carroll County in Plat Book No. 10, Folio 16, and according to a survey description prepared by George R. Pickavance, Registered Land Surveyor No. 10664, is described as follows: BEGINNING for the same at a point on the Northside of Rowe Road at a distance of 30 feet measured at right angle from the centerline of said Rowe Road, said beginning point also being at the division line between Lots No. 2 and No. 3 as laid out and shown on Plat A of Garland Acres recorded among the Land Records of Carroll County in Plat Book 10, Plat 16; thence leaving the place of beginning and running across the said Rowe Road,
Charter of the Town of New Windsor 105-5 1. South 23 degrees 35 minutes 45 seconds East, 37.00 feet to the South side of the paved surface of Rowe Road and to intersect the existing corporate limits of The Town of New Windsor; thence running along said South side of the paved surface of Rowe Road and running and binding on the existing corporate limits of The Town of New Windsor, 2. North 66 degrees 24 minutes 15 seconds West, 125.00 feet; thence running across the said Rowe Road, 3. North 23 degrees 35 minutes 45 seconds East, 37.00 feet to a point on the North side of said Rowe Road at the division line between Lots No. 3 and 4 on said Plat A of Garland Acres ; thence leaving said Rowe Road and running and binding on said division line between Lots No. 3 and 4, 4. North 23 degrees 35 minutes 45 seconds East, 200.00 feet; thence running and binding on the northernmost boundary line of Lot No. 3, 5. South 66 degrees 24 minutes 14 seconds East, 125.00 feet; thence running and binding on the aforesaid division line between Lots Nos. 2 and 3, 6. South 23 degrees 35 minutes 45 seconds West, 200.00 feet to the place of beginning. Containing 0.680 acres more or less. BEING, in part, all of Lot No. 3 as laid out and shown on Plat A of Garland Acres recorded among the Land Records of Carroll County in Plat Book 10, Plat 16, and, in part, part of the road bed of Rowe Road; and BEING all and the same land described in a deed unto David E. Krall and Teresa Myers Krall dated October 13, 1978, and recorded among the Land Records of Carroll County, in Liber C.C.C. No. 721, Folio 580 &c., and also being the same land described in a deed dated May 3, 1979, and recorded among the Land Records of Carroll County, in Liber No. L.W.S. 743, Folio 440 &c., in which the said David E. Krall conveyed unto Teresa Myers Krall all of his right, title, interest and estate in and to the above described property, the said Teresa Myers Krall having remarried and being now known as Teresa Myers McCoy. (Res. No. 1 85, 11 18 85.) Section 11 3. Number; selection; term. The Council All legislative powers of the Town shall be vested in a Council consisting of five Councilmen who shall be elected as hereinafter provided with elections scheduled so that approximately one half of the Council is elected every two years and who shall hold office for a term of four years or until the succeeding Council takes office, except that three of the
105-6 Municipal Charters of Maryland Councilmen elected in 1977 will serve for terms of two years. (1965 Code, sec. 315; Res. 1, Dec. 13, 1960, sec. 5; Char. Res. 1977 1, 3 23 77.) Section 11 4. Qualifications. Councilmen shall have resided in the town for at least one year immediately preceding their election and shall be qualified voters of the town. (1965 Code, sec. 316; Res. 1, Dec. 13, 1960, sec. 6.) Section 11 5. 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 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. (1965 Code, sec. 317; Res. 1, Dec. 13, 1960, sec. 7.) Section 11 6. Meetings. The newly elected council shall meet at 8:00 p.m. on the second Monday 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, and the rules of the council shall provide that residents of the town shall have a reasonable opportunity to be heard at any meeting in regard to any municipal question. (1965 Code, sec. 318; Res. 1, Dec. 13, 1960, sec. 8.) Section 11 7. Judge of election and qualification of members. The council shall be the judge of the election and qualification of its members. (1965 Code, sec. 319; Res. 1, Dec. 13, 1960, sec. 9.) Section 11 8. President. 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. (1965 Code, sec. 320; Res. 1, Dec. 13, 1960, sec. 10.)
Charter of the Town of New Windsor 105-7 Section 11 9. 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. (1965 Code, sec. 321; Res. 1, Dec. 13, 1960, sec. 11.) Section 11 10. Procedure. 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 on any question, resolution, or ordinance, or at any other time if required by any one member. The journal shall be open to public inspection. (1965 Code, sec. 322; Res. 1, Dec. 13, 1960, sec. 12.) Section 11 11. Vacancies. Vacancies in the council shall be filled as provided in Section 11 37 of this charter. (1965 Code, sec. 323; Res. 1, Dec. 13, 1960, sec. 13.) Section 11 12. Ordinances. No ordinance shall be passed at the meeting at which it is introduced. At any regular or special meeting of the council held not less than six nor more than sixty 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 four members of the council. Every ordinance, unless it be passed as an emergency ordinance, shall become effective at the expiration of twenty 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 complete and exact copies of the ordinance shall be posted in both the Town Office and the Post Office in New Windsor, Maryland, not less than sixty (60) days after its enactment. 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 over his veto by the council. (1965 Code, sec. 324; Res. 1, Dec. 13, 1960, sec. 14; Char. Res. 1978 1, 5 24 78.) Section 11 13. Vetoes. 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. If the mayor disapproves any ordinance, he shall not sign it. The mayor shall return all ordinances to the clerk treasurer within six 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 favorable vote of four fifths of the whole council
105-8 Municipal Charters of Maryland within thirty five calendar days from the time of the return of the ordinance. If the mayor fails to return any ordinance within six 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. (1965 Code, sec. 325; Res. 1, Dec. 13, 1960, sec. 15.) Section 11 14. Referenda. If, before the expiration of twenty 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 per centum (20%) of the qualified voters of the town and requesting that the ordinance, or any part thereof, be submitted to a vote of the qualified voters of the town 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 town at the next regular town 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 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 days following receipt of the petition, then the operation of the ordinance, or the part thereof requested for 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 Section 11 61, 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 11 91 and 11 92. 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. (1965 Code, sec. 326; Res. 1, Dec. 13, 1960, sec. 16.) Section 11 15. File of ordinances. Ordinances shall be permanently filed by the clerk treasurer and shall be kept available for public inspection. (1965 Code, sec. 327; Res. 1, Dec. 13, 1960, sec. 17.) Section 11 16. Selection; term. The Mayor The mayor shall be elected as hereinafter provided and shall hold office for a term of four years or until his successor is elected and qualified. The newly elected mayor shall take office on the second Monday following his election. The mayor holding office on December 13, 1960, shall continue to hold office for the term for which he was elected and until his successor takes office under the provisions of this charter. The first election for mayor under this Charter shall be
Charter of the Town of New Windsor 105-9 held the first Monday of June, 1962. The mayor so elected under the provisions of this Charter shall hold office until the second Monday following the election of his successor on the second Tuesday in May, 1965. Thereafter, the mayor shall be elected in accordance with this Charter for a term of four years. (1965 Code, sec. 328; Res. 1, Dec. 13, 1960, sec. 18.) Section 11 17. Qualifications. The mayor must have resided in the town for at least one year immediately preceding his election and must be a qualified voter of the town. (1965 Code, sec. 329; Res. 1, Dec. 13, 1960, sec. 19.) Section 11 18. 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. (1965 Code, sec. 330; Res. 1, Dec. 13, 1960, sec. 20.) Section 11 19. Powers and duties. (a) Executive. The mayor shall see that the ordinances of the town are faithfully executed and shall be the chief executive officer and the head of the administrative branch of the town government. (b) Appointments. The mayor, with the approval of the council, shall appoint the heads of all offices, departments, and agencies of the town government as established by this charter or by ordinance. All office, department, and agency heads shall serve at the pleasure of the mayor. All subordinate officers and employees of the offices, departments, and agencies of the town government shall be appointed and removed by the mayor, in accordance with rules and regulations in any merit system which may be adopted by the council. (c) Report. The mayor each year shall report to the council the condition of municipal affairs and make such recommendations as he deems proper for the public good and the welfare of the town. (d) Vetoes. The mayor shall have the power to veto ordinances passed by the council as provided in Section 11 13. (e) Finances. The mayor shall have complete supervision over the financial administration of the town government. He shall prepare or have prepared annually a budget and submit it to the council. He shall supervise the administration of the budget as adopted by the council. He shall supervise the disbursement of all monies and have control over all expenditures to assure that budget appropriations are not exceeded.
105-10 Municipal Charters of Maryland (f) Other. The mayor 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. (1965 Code, sec. 331; Res. 1, Dec. 13, 1960, sec. 21.) Section 11 20. Listed. General Powers (1) 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 town; for the protection and preservation of the town 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, safeety [safety], comfort, convenience, welfare, and happiness of the residents of the town and visitors thereto and sojourners therein. (2) 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: (3) Advertising. To provide for advertising for the purposes of the town, for printing and publishing statements as to the business of the town. (4) 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. (5) Amusements. To provide in the interest of the public welfare for licensing, regulating, or restraining theatrical or other public amusements. (6) Appropriations. To appropriate municipal monies for any purpose within the powers of the council. (7) Auctioneers. To regulate the sale of all kinds of property at auction within the town and to license auctioneers. (8) Band. To establish a municipal band, symphony orchestra or other musical organization, and to regulate by ordinance the conduct and policies thereof. (9) Billboards. To license, tax and regulate, restrain or prohibit the erection or maintenance of billboards within the city, the placing of signs, bills and posters of every kind and description on any building, fence, post, billboard, pole, or other place within the town. (10) Bridges. To erect and maintain bridges. (11) Buildings. To make reasonable regulations in regard to buildings and signs to be erected, constructed, or reconstructed in the town, and to grant building permits for the same; to
Charter of the Town of New Windsor 105-11 formulate a building code and a plumbing code and to appoint a building inspector and a plumbing inspector, and to require reasonable charges for permits and inspections; to authorize and require the inspection of all buildings and structures and to authorize the condemnation thereof in whole or in part when dangerous or insecure, and to require that such buildings and structures be made safe or be taken down. (12) Cemeteries. To regulate or prohibit the interment of bodies within the municipality and to regulate cemeteries. (13) Codification. To provide for the codification of all ordinances which have been or may hereafter be passed. (14) 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 town. (15) 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. (16) Curfew. To prohibit the youth of the town from being in the streets, lanes, alleys, or public places at unreasonable hours of the night. (17) 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. (18) Departments. To create, change, and abolish offices, departments, or agencies, other than the offices, departments, and agencies established by this charter; 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. (19) Disorderly houses. To suppress bawdy houses, disorderly houses and houses of ill fame. (20) Dogs. To regulate the keeping of dogs in the town and to provide, wherever the county does not license or tax dogs, for the licensing and taxing of the same; to provide for the disposition of homeless dogs and dogs on which no license fee or taxes are paid. (21) Elevators. To require the inspection and licensing of elevators and to prohibit their use when unsafe or dangerous or without a license.
105-12 Municipal Charters of Maryland (22) Explosives. To regulate or prevent the storage of gunpowder, oil, or any other explosive or combustible matter; to regulate or prevent the use of firearms, fireworks, bonfires, explosives, or any other similar things which may endanger persons or property. (23) Filth. To compel the occupant of any premises, building or outhouse situated in the town, 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. (24) Finances. To levy, assess, and collect ad valorem property taxes; to expend municipal funds for any public purpose; to have general management and control of the finances of the town. (25) 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 town; 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 town 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 town. (26) Food. To inspect and to require the condemnation of, if unwholesome, and to regulate the sale of, any food products. (27) 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 town, 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 years. (28) Gambling. To restrain and prohibit gambling. (29) Garbage. To prevent the deposit of any unwholesome substance either on private or public property, and to compel its removal to designated points; to require slops, garbage, ashes and other waste or other unwholesome materials to be removed to designated points, or to require the occupants of the premises to place them conveniently for removal. (30) Grants in aid. To accept gifts and grants of Federal 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. (31) Hawkers. To license, tax, regulate, suppress and prohibit hawkers and itinerant dealers, peddlers, pawnbrokers and all other persons selling any articles on the streets of the town, and to revoke such licenses for cause.
Charter of the Town of New Windsor 105-13 (32) Health. To protect and preserve the health of the town 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 town; to establish quarantine regulations, and to authorize the removal and confinement of persons having contagious or infectious diseases; to prevent and remove all nuisances; to inspect, regulate, and abate any buildings, structures, or places which cause or may cause unsanitary conditions or conditions detrimental to health; provided, that nothing herein shall be construed to affect in any manner any of the powers and duties of the State Board of Health, the County Board of Health, or any public general or local law relating to the subject of health. (33) House numbers. To regulate the numbering of houses and lots and to compel owners to renumber the same or in default thereof to authorize and require the same to be done by the town at the owner s expense, such expense to constitute a lien upon the property collectible as tax monies. (34) Jail. To establish and regulate a station house or lock up for temporary confinement of violators of the laws and ordinances of the town or to use the County jail for such purpose. (35) 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 town 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; to establish and collect fees and charges for all licenses and permits issued under the authority of this charter. (36) Liens. To provide that any valid charges, taxes or assessments made against any real property within the town shall be liens upon such property, to be collected as municipal taxes are collected. (37) Lights. To provide for the lighting of the town. (38) Livestock. To regulate and prohibit the running at large of cattle, horses, swine, fowl, sheep, goats, dogs or other animals; to authorize the impounding, keeping, sale and redemption of such animals when found in violation of the ordinance in such cases provided. (39) Markets. To obtain by lease or rent, own, construct, purchase, operate, and maintain public markets within the town. (40) Minor privileges. To regulate or prevent the use of public ways, sidewalks, and public places for signs, awnings, posts, steps, railings, entrances, racks, posting [of] handbills and advertisements, and display of goods, wares, and merchandise. (41) Noise. To regulate or prohibit unreasonable ringing of bells, crying of goods or sounding of whistles and horns.
105-14 Municipal Charters of Maryland (42) Nuisances. To prevent or abate by appropriate ordinance all nuisances in the town 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; to regulate, to prohibit, to control the location of, or to require the removal from the town 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 town may regulate, prohibit, control the location of, or require the removal from the town of such things as stockyards, slaughterhouses, cattle or hog pens, tanneries, and renderies. This listing is by way of enumeration, not limitation. (43) 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 town. (44) 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. (45) Parking meters. To install parking meters on the streets and public places of the town 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. (See note (2)) (46) Parks and recreation. To establish and maintain public parks, gardens, playgrounds, and other recreational facilities and programs to promote the health, welfare, and enjoyment of the inhabitants of the town. (47) Police force. To establish, operate, and maintain a police force. All town policemen shall, within the municipality, have the powers and authority of constables (See note (3)) in this State. (48) Police powers. To prohibit, suppress, and punish within the town 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; all disorder, disturbances, annoyances, disorderly conduct, obscenity, public profanity, and drunkenness. (49) 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 town and its inhabitants; and to convey any real or leasehold property when no longer needed for the public use, after having given at least twenty days public notice of the proposed conveyance; to control, protect and maintain public buildings, grounds and property of the town. (50) Quarantine. To establish quarantine regulations in the interests of the public health.
Charter of the Town of New Windsor 105-15 (51) 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. (52) 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; to prescribe hours for cleaning sidewalks. (53) 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 town. (54) Taxicabs. To license, tax and regulate public hackmen, taxicab men, draymen, drivers, cabmen, porters and expressmen, and all other persons pursuing like occupations. (55) Vehicles. To regulate and license wagons and other vehicles not subject to the licensing powers of the State of Maryland. (56) Voting machines. To purchase, lease, borrow, install, and maintain voting machines for use in town elections. (57) Zoning. To exercise the powers as to planning and zoning, conferred upon municipal corporations generally in Article 66B of the Annotated Code of Maryland, subject, however, to the limitations and provisions of said article. (58) Saving clause. The enumeration of powers in this section is not to be construed as limiting the powers of the town to the several subjects mentioned. (1965 Code, sec. 332; Res. 1, Dec. 13, 1960, sec. 22.) Section 11 21. Exercise of powers. For the purpose of carrying out the powers granted in this subtitle or elsewhere in this charter, the council may pass all necessary ordinances. All the powers of the town shall be exercised in the manner prescribed by this charter, or, if the manner be not prescribed, then in such manner as may be prescribed by ordinance. (1965 Code, sec. 333; Res. 1, Dec. 13, 1960, sec. 23.) Section 11 22. Enforcement. To ensure the observance of the ordinances of the town, the council shall have the power to provide that violation thereof shall be a misdemeanor and shall have the power to affix thereto penalties of a fine not exceeding one hundred dollars ($100.00) or imprisonment for not exceeding thirty days, or both such fine and imprisonment. Any person subject to any fine, forfeiture, or penalty by virtue of any ordinance passed under the authority of this charter shall have the right of appeal within ten days to the Circuit Court of the county in which the fine, forfeiture, or penalty was imposed. The council may provide that, where the violation is of a
105-16 Municipal Charters of Maryland continuing nature and is persisted in, a conviction for one violation shall not be a bar to a conviction for a continuation of the offense subsequent to the first or any succeeding conviction. (1965 Code, sec. 334; Res. 1, Dec. 13, 1960, sec. 24.) Section 11 23. Voters. Registration, Nominations, and Elections Every person who (1) is a citizen of the United States, (2) is at least twenty one years of age, (See note (4)) (3) has resided in the State of Maryland for at least one year next preceding any town election, (4) has resided within the corporate limits of the town for six months next preceding any town election, and (5) is registered in accordance with the provisions of this charter, shall be a qualified voter of the town. Every qualified voter of the town shall be entitled to vote at any or all town elections. (1965 Code, sec. 335; Res. 1, Dec. 13, 1960, sec. 25.) Section 11 24. Supervisors of Elections. There shall be a Board of Supervisors of Elections, consisting of three members who shall be appointed by the mayor with the approval of the council on or before the first Monday in March in every second odd numbered year. The terms of members of the Board of Supervisors of Elections shall begin on the first Monday in March in the year in which they are appointed and shall run for four years. Members of the Board of Supervisors of Elections shall be qualified voters of the town and shall not hold or be candidates for any elective office during their term of office. The board shall appoint one of its members as Chairman. Vacancies on the board shall be filled by the mayor with the approval of the council for the remainder of the unexpired term. The compensation of the members of the board shall be determined by the council. (1965 Code, sec. 336; Res. 1, Dec. 13, 1960, sec. 26.) Section 11 25. Same; removal. 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 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 days after receiving the written copy of the charges against him. (1965 Code, sec. 337; Res. 1, Dec. 13, 1960, sec. 27.) Section 11 26. Same; duties. The Board of Supervisors of Elections shall be in charge of the registration of voters, nominations, and all town elections. The board may appoint election clerks or other employees to assist it in any of its duties. (1965 Code, sec. 338; Res. 1, Dec. 13, 1960, sec. 28.)