§ C-23. Powers.

A.

The Mayor and Town Council shall have and are hereby granted authority to exercise all powers relating to municipal affairs and to pass ordinances and take such measures not contrary to the Constitution and laws of the State of Maryland as they may deem necessary for the good government and improvement of the town; for the protection and preservation of the town's property, rights, and privileges; for keeping town property in good condition; for the preservation of peace and good order, and the exercise of police powers; 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 and visitors in the town. The Mayor and Town Council shall have, in addition, the power to pass ordinances, not contrary to the laws and Constitution of the State, for the specific purposes which follow, but the enumeration of such specific purposes is not to be construed as limiting the powers of the town to the purpose mentioned.

(1)

To levy, assess and collect taxes and to borrow money on the credit of the town, and to levy and collect special assessments for benefits obtained, as hereinafter provided for by this Charter; 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 funds for any lawful purpose, agreeable to the conditions under which the gifts or grants were made.

(2)

To appropriate and expend funds for any purpose deemed to be public and to affect the safety, health and general welfare of the town and its occupants, provided that funds not appropriated shall not be expended, nor shall any funds appropriated be expended for any purpose other than that for which appropriated.

(3)

To provide a merit system for the appointment and compensation of town employees not elected or appointed as officers of the town, members of boards and commissions, election judges, or heads of offices and departments; to provide retirement or pension systems and group insurance plans for town officers and employees, or for inclusion of its officers and employees in any retirement or pension system operated by or in conjunction with the State, on such terms and conditions as State laws may prescribe; to provide financial and related protection and services for its officials, appointees and employees and their families and estates in circumstances where they are sued or threatened with suit as a result of public actions taken in their official capacity, unless deliberate wrong-doing is involved, and this will cover tort liabilities and other suits including protection against double jeopardy in the case of consecutive suits brought first against the public official, per se, and then against the official as a private person.

(4)

To make agreements with other municipalities, Prince George's County and other governmental authorities for the joint performance of or for cooperation in the performance of any governmental function.

(5)

To provide, for the purpose of proper protection of the health, good order and peace of the town, for the licensing, regulation or restraining of amusements and theatrical exhibitions, cabarets, dances and other gatherings for social or recreational purposes to which the general public is invited, admission is charged, or a hall is rented.

(6)

To make reasonable regulations in regard to buildings, fences and signs to be erected, constructed, or reconstructed in the town, and to grant building permits for them; to formulate a building code and to appoint a building inspector, and to require reasonable charges for permits and inspections; to authorize and require the inspections 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.

(7)

To license, regulate, restrain or prohibit the erection or maintenance of signs, billboards and posters of every kind and description on any building, tree, fence, post, billboard, pole, or other place within the town.

(8)

To regulate or prohibit the construction and maintenance of artificial ponds, pools and lakes on any property within the town.

(9)

To grant and regulate franchises for utilities, transportation, communication, and any other purposes which may be deemed advantageous and beneficial to the town, subject to such limitations as the state laws may provide.

(10)

To require persons about to undertake work which might harm or damage any person or property within the town, 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 such person or property.

(11)

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.

(12)

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.

(13)

To regulate the use of public ways, sidewalks and public places in such manner as to protect the health and safety of residents of and visitors to the town.

(14)

To prevent and remove nuisances and obstructions from the streets, sidewalks, lanes and alleys of the town and from properties adjoining same; and to regulate and provide means for the collection and removal of garbage, trash, rubbish and other refuse matter within the limits of the town, to compel the occupant or owner of any premises, building, or outbuilding situated in the town, if it has become filthy or unwholesome, to abate or cleanse the condition, and after reasonable notice to the owner or occupant to authorize such work to be done by the proper officers and to assess the expense thereof against the property, making it collectible by taxes or against the occupant or occupants.

(15)

To make, regulate and maintain public improvements, and to acquire property in or outside the corporate limits necessary for such improvements, including grading, paving, repairing, draining, laying out, extending, opening, closing, straightening or relocating any of the streets, sidewalks or alleys in the town or immediately adjacent thereto; the location, size and design of catch basins; the location, cross section and grade of storm drains, the materials of which they shall be constructed and the formula according to which the town may or may not participate in the cost of construction.

(16)

To erect and maintain bridges.

(17)

To regulate the use of sidewalks and all structures in, under, or above them; 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.

(18)

To regulate or prohibit the throwing or depositing of sweepings, dust, ashes, offal, garbage, paper, handbills, dirty liquids, or other waste, refuse, or unwholesome materials into any public way or on any public or private property in the town.

(19)

To preserve and protect the health of the town and its inhabitants; to prevent the introduction of contagious diseases into the town; 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.

(20)

To provide, maintain, and operate community and social services, public parks, gardens, playgrounds, municipal musical organizations, and other recreational facilities and programs to promote the health, welfare, recreation and enjoyment of the residents of the town.

(21)

To regulate or prohibit the keeping of dangerous animals or reptiles, or cattle, horses, swine, fowl, sheep or goats within the town, and to restrain dogs and other household pets from running at large on the streets, including their impoundment, keeping, sale and redemption of such animals when found in violation of the ordinance in such cases provided.

(22)

To regulate the speed, weight and operation of or prohibit the use of, motorcycles, motor bikes, motor scooters, buses, trucks, motor vehicles, locomotives and other motorized and operator propelled vehicles within the town limits.

(23)

To regulate or prohibit unreasonable noises which disturb the peace and quiet of any resident of the town.

(24)

To regulate or prohibit the parking or storing of vehicles, boats, trailers, materials and equipment on public property or in public places; to install parking meters on the streets and public places of the town and to lease, own, construct, operate, and maintain parking lots and other facilities for off-street parking.

(25)

To prohibit the youth of the town from being in the streets, lanes, alleys, or other public places at unreasonable hours of the night.

(26)

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; to issue regulations concerning fire hazards or any other similar things which may endanger persons or property; and to take other measures to control and prevent fires within the town.

(27)

To establish, operate and maintain a police force; to prohibit, suppress, and punish within the town all vice, gambling and games of chance, prostitution and solicitation therefor; vagrancy, disorder, disturbances, annoyances, disorderly conduct, obscenity, public profanity, and drunkenness. The town police officer or officers shall, within the corporate limits of the town have the same power, and proceed in the same manner when arrests are made, as members of the Prince George's Police are authorized in similar cases in which the State of Maryland is a party. It shall also be the duty of the town police to enforce all town ordinances and to preserve the peace and good order of Cheverly and the town police are hereby authorized to make the necessary arrests or to issue summonses in so doing.

(28)

To establish fines, penalties and punishments for the breach of town ordinances, not to exceed five hundred dollars ($500.00) fine and/or ninety (90) days in jail, or both, in addition to costs; and to recover said fines or penalty by an action in debt. Imprisonment for violation of an ordinance shall be in the town jail if one is provided, or in the county jail, and the Superintendent of the Prince George's County Police and/or the Director, Prince George's County Department of Corrections shall receive and confine any person so committed, and the Mayor and Town Council is authorized to pay the costs of such imprisonment.

(29)

To establish procedures for the enforcement of ordinances.

(A)

To ensure the observance of the ordinances of the town, the Mayor and Town Council has the power to provide that violation thereof shall be a misdemeanor, unless otherwise specified as an infraction, and has the power to affix thereto penalties of a fine not exceeding five hundred dollars ($500.00) or imprisonment for not exceeding ninety (90) days, or both such fine and imprisonment. Any person subject to any fine, forfeiture, or penalty has the right of appeal within ten (10) days to the circuit court of the county in which the fine, forfeiture, or penalty was imposed. The Mayor and Town Council may provide that, if the violation is of a 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.

(B)

(i)

The Mayor and Town Council may provide that violations of any municipal ordinance shall be a municipal infraction unless that violation is declared to be a felony or misdemeanor by the laws of the State or other ordinance. For purposes of this article a municipal infraction is a civil offense.

(ii)

A fine not to exceed four hundred dollars ($400.00) may be imposed for each conviction of a municipal infraction. The fine is payable by the offender to the municipality within twenty (20) calendar days of receipt of a citation. Repeat offenders may be assessed a fine not to exceed four hundred dollars ($400.00) for each repeat offense, and each day a violation continues shall constitute a separate offense.

(iii)

Any person receiving a citation for an infraction may elect to stand trial for the offense by notifying the town in writing of this intention at least five (5) days prior to the date set for payment of the fine. Failure to pay the fine or to give notice of intent to stand trial may result in an additional fine or adjudication by the Court.

(iv)

Adjudication of a municipal infraction is not a criminal conviction for any purpose, nor does it impose any of the civil disabilities ordinarily imposed by a criminal conviction.

B.

The roads, streets, avenues, boulevards, alleys or parks, which now are or shall hereafter be shown on any plat or addition to the platted part of said town, as public highways or parks, and accepted by the Mayor and Town Council as such, are hereby made and declared to be public streets, avenues, boulevards, alleys or parks of said town, and shall be, from time to time, improved and repaired as the public interest may require and the resources of the town justify.

(Amended by Ord. No. 8-76; Ord. No. 5-78; Res. No. 88-5, § 1)