TOWN
ORDINANCES

Preface
Town Charter

ADMINISTRATIVE

1. General
Provisions

4. Administration
12. Ethics,
Code of

25. Planning
Commission

30. Recreation
Commission

34. Salaries/
Compensation


GENERAL


45. Alcoholic
Beverages

50. Bicycles
54. Brush/Grass
/Weeds

57. Building
Construction

61. Critical Areas
64. Curfew
68. Dogs/
Other Animals

73. Energy
Conservation

78. Fire Prevention
81. Floodplain
Management

85. Garbage/
Trash Removal

88.Grading
/Sediment Control

93. Historic Area
Zoning

96. Hours
for Activities

108. Littering
110. Loitering
117. Noise
123. Parades
127. Peace/
Good Order

130. Peddling/
Soliciting

135. Property
Maintenance

140. Skateboards
/etc

142. Stormwater Managemnt
145. Streets and
Sidewalks

148. Subdivision
of Land

153. Trailers/
Trailer Courts

156. Trees
159. Vehicles,
Abandoned

160. Vehicles/
Traffic

164. Water/
Sewers

170. Zoning

Government

Town Council
Calendar
Minutes
Services
Ordinances
Commissions
Home

 

CHARTER

[HISTORY: Adopted by the Mayor and Council of the Town of Chestertown 9-22-1980. Amendments noted where applicable.]

ARTICLE I

Incorporation; Corporate Limits

~ C1-1. Incorporation; corporate powers.

The inhabitants of the Town of Chestertown, in Kent County, State of Maryland, within the corporate limits legally established from time to time are hereby constituted a body corporate by the name of the "Town of Chestertown," 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 and to have and use a common seal and to have perpetual succession, unless the Charter and the corporate existence are legally abrogated.

~ C1-2. Boundaries designated.

A. Corporate limits designated. The corporate limits of Chestertown shall be as follows: beginning for the same at a point in the center of the bridge where the public road from Chestertown to Tolchester crosses Radcliffe Creek, said beginning point being the same as described in Section 47, titled "Boundaries," as set down in the Code of Public Laws of Kent County, 1959 Edition; thence, leaving said beginning point so fixed and binding on the first line of the aforementioned Section 47, titled "Boundaries," north 81 49 FT 18 IN east 3,663.12 feet to a stone marking the northerly corner of the leasehold lands of Washington College and the end of the second line (south 73 13 FT west 43.60 feet) as described in a 1955 resolution to enlarge the corporate boundaries of Chestertown; thence, leaving said northerly corner of the leasehold lands of Washington College and binding on the first and second corporate boundaries as described in the Municipal Corporation Charter, adopted February 1, 1965, the following two (2) courses and distances: north 64 56 FT 21 IN east 43.60 feet to the easterly side of Maryland Route 213 and north 25 12 FT 32 IN west 623.20 feet to the southerly side or Morgnec State Road (now known as "Maryland Route 291"), as called for in the aforementioned Municipal Corporation Charter, adopted February 1, 1965; thence, leaving said point and the southerly side of Morgnec State Road (Maryland Route 291) and binding on the easternmost side of the aforementioned Maryland Route 213, north 25 12 FT 32 IN west 1,475.75 feet to a point on the southerly side of Scheeler Road; thence, leaving said point and said Maryland Route 213 and binding on the southerly side of the aforementioned Scheeler Road, the following courses and distances: north 45 07 FT 40 IN east 212.89 feet to a point of curve; thence with the arc of a curve to the right having a chord of north 48 18 FT 40 IN east 194.14 feet to a point; thence north 51 29 FT 40 IN east 129.87 feet to a point; thence north 52 14 FT 40 IN east 189.47 feet to a point; thence north 52 08 FT 40 IN east 332.69 feet to a point in the westernmost side of Center Road; thence, leaving said point and binding on the end of Center Road, north 52 52 FT 43 IN east 51.10 feet to a concrete monument found; thence, still continuing with the southerly side of Scheeler Road, north 52 08 FT 40 IN east 1,139.56 feet to a concrete monument found in the westernmost outline of the lands of William J. Bringman; thence, leaving said monument and binding on the aforesaid westernmost outline of the lands of William J. Bringman, south 25 17 FT 50 IN east 1,960.71 feet to a point on the southerly side of Morgnec State Road (Maryland Route 291); thence, leaving said point and binding on the aforesaid southerly side of Morgnec State Road (Maryland Route 291), north 63 13 FT 20 IN east 480.81 feet to a point; thence, leaving said point and said road and binding on the corporate lines as described in the aforementioned Municipal Corporation Charter, adopted February 1, 1965, and described as by and with the Byron Lot, Schauber and Phillips lands and the Chestertown Brick Company lands, south 26 52 FT 40 IN east 213.90 feet to a concrete monument, south 27 20 FT 40 IN east 823.10 feet to a concrete monument and south 28 32 FT 40 IN east 944.40 feet to a concrete monument on the northernmost outline of the lands of Loux Brothers Enterprises (see E.H.P. 56/60); thence, leaving said monument and binding on the division line between the lands of the Chestertown Brick Company, Inc., (see E.H.P. 13/391 and E.H.P. 13/381) and the aforementioned Loux Brothers Enterprises lands, the following three (3) courses and distances: north 62 49 FT 07 IN east 559.50 feet to a concrete monument found, south 26 48 FT 55 IN east 556.45 feet to a concrete monument found and south 63 33 FT 55 IN east 1,759.20 feet to the mean high-water line of the Chester River, passing in transit a concrete monument found 1,000.00 feet from the beginning thereof; thence, leaving said point and binding by and with the mean high-water line of the aforesaid Chester River in a southwesterly direction to the end of the third line as described in Section 47, titled "Boundaries," in the Code of Public Laws of Kent County; thence, by and with the fourth line of said Section 47 along the line between the Peerless Fertilizer Company and the Atlantic Refining Company to the center line of the road leading from Chestertown to Pomona; thence, by and with the fifth line of the often-mentioned Section 47, titled "Boundaries," in a straight line to intersect the division line between the lands of Gillespie & Son, Inc., (see E.H.P. 33/262) and the lands of Kent Research & Manufacturing, Inc.; thence, leaving said point of intersection and binding on the outline of the lands of the aforementioned Kent Research & Manufacturing, Inc., five (5) courses and distances to another division line between Gillespie & Son, Inc., (see E.H.P. 30/837) and the lands of Kent Research & Manufacturing, Inc.; thence leaving said point and binding on the aforesaid division line to intersect the aforementioned fifth line of Section 47, titled "Boundaries"; thence leaving said point of intersection and binding on the aforesaid fifth line to the place of beginning. Editor's Note: The bearings included in this subsection are based upon a true meridian as established from United States Coast and Geodetic Monument "College," which azimuth has been established for all town control monuments.

B. Extensions. [Added 3-1-1982]

(1) Annexation No. 1. The boundaries of the Town of Chestertown are hereby extended to include that area contiguous and adjoining the existing corporate area, specifically described as follows:

(a) Beginning for the same at a point in the center of the bridge where the public road from Chestertown to Tolchester crosses Radcliffe Creek, said beginning point being the same as described in Section 47, titled "Boundaries," as set down in the Code of Public Laws of Kent County, 1959 Edition;

(b) Thence, leaving said beginning point so fixed and binding on the center line of the aforementioned highway, which is now designated as Maryland Route 20, to a point in the easterly right-of-way line of the railroad spur of the Penn Central Railroad;

(c) Thence, leaving said point and binding on the easterly right-of-way line of the aforesaid Penn Central Railroad, to a point where the intersection of the division line between the lands formerly of P.M. Brooks and Baltimore Business Forms, Inc., intersect the aforementioned easternmost right-of-way line of the Penn Central Railroad;

(d) Thence, leaving said point and binding on the westerly outline of the lands of the aforementioned Baltimore Business Forms, Inc., the following courses and distances: north 55 04 FT 39 IN west 362.82 feet to a point, north 62 40 FT 29 IN west 58.90 feet to a concrete monument, north 26 19 FT 41 IN east 69.64 feet to a concrete monument, north 51 49 FT 09 IN west 405.06 feet to a point, south 26 44 FT 31 IN west 81.00 feet to a point, north 63 15 FT 29 IN west 111.84 feet to a concrete monument, north 21 12 FT 31 IN east 122.70 feet to a point, north 15 16 FT 11 IN east 378.55 feet to a point, north 66 43 FT 39 IN west 61.60 feet to a point, south 70 02 FT 21 IN west 178.50 feet to a point, north 16 48 FT 39 IN west 103.22 feet to a concrete monument, north 70 05 FT 21 IN east 142.48 feet to a point and north 81 37 FT 01 IN east 144.26 feet to a concrete monument;

(e) Thence, leaving said monument and binding on the easternmost outline of Washington Park, the following courses and distances: north 80 14 FT 11 IN east 68.90 feet to a point, north 55 33 FT 11 IN east 60.00 feet to a point, north 59 02 FT 11 IN east 143.19 feet to a point, north 33 57 FT 11 IN east 20.23 feet to a point and north 50 07 FT 11 IN east 83.78 feet to a point;

(f) Thence, leaving said point and binding across the lands of the aforementioned Baltimore Business Forms, Inc., north 60 18 FT 30 IN east 1,673.66 feet to a point at the northwesternmost corner of the lands of Delmarva Power;

(g) Thence, leaving said point and binding on the northernmost outline of the lands of the aforementioned Delmarva Power, north 86 21 FT 31 IN east 335.00 feet to a point in the westernmost right-of-way line of Maryland Route 291;

(h) Thence, leaving said point and binding on the aforesaid railroad, south 22 43 FT 29 IN east 1,553.92 feet to a point at the intersection of the aforesaid railroad with the southernmost right-of-way line of Maryland Route 291;

(i) Thence, leaving said point of intersection and binding on the aforesaid Maryland Route 291, north 55 24 FT 05 IN east 153.80 feet to a point;

(j) Thence, leaving said point and said Maryland Route 291 and binding on the outline of lands of Washington College, the following four (4) courses and distances: south 34 35 FT 55 IN east 419.74 feet to a point, south 49 21 FT 09 IN east 122.70 feet to a point, north 59 41 FT 30 IN east 578.25 feet to a point and south 35 29 FT 24 IN east 51.61 feet to a point;

(k) Thence, leaving said point and binding on the outline of the lands of Harry Ross and the Peoples Bank of Kent County, Maryland, the following three (3) courses and distances: north 25 12 FT 32 IN east 368.80 feet to a point, south 64 47 FT 28 IN west 40.00 feet to a point and north 25 12 FT 32 IN west 215.45 feet to a point in the aforementioned southernmost right-of-way line of Maryland Route 291;

(l) Thence, leaving said point and binding on the aforesaid Maryland Route 291, the following courses and distances: north 68 50 FT 11 IN east 13.26 feet to a point, north 55 10 FT 38 IN east 98.54 feet to a point, north 66 45 FT 56 IN east 147.38 feet to a point and south 73 35 FT 21 IN east 110.19 feet to a point in the westernmost right-of-way line of Maryland Route 213;

(m) Thence, leaving said point and binding on the aforesaid Maryland Route 213, south 25 07 FT 31 IN east 125.00 feet to a point;

(n) Thence, leaving said point and crossing the aforementioned Maryland Route 213, north 64 52 FT 30 IN east 70.98 feet to a point in the original easterly line of the Chestertown-to-Kennedyville state road (Maryland Route 213) 40 feet wide as recorded in the 1955 Resolution;

(o) Thence, leaving said point and binding on the aforesaid easterly line of Maryland Route 213, south 25 12 FT 32 IN east 854.55 feet to a point at the end of the first or south 16 47 FT 00 IN east 623.60 feet to a line of a 1955 resolution to enlarge the corporate boundaries of Chestertown.

(2) Annexation No. 2. [Added 5-9-1988 by Res. No. 1-1988].

(a) Beginning for the same, at a point in the center of the bridge where the public road from Chestertown to Tolchester crosses Radcliffe Creek, said beginning point being the same as described in Section 47, titled "Boundaries," as set down in the Code of Public Laws of Kent County 1959 Edition;

(b) Thence, leaving said beginning point so fixed and running to the northernmost right-of-way line of Maryland Route 20, south 82 12 FT 54 IN west 437.69 feet to a point;

(c) Thence, continuing along the northernmost right-of-way line of Maryland Route 20, south 65 02 FT 22 IN west 1373.03 feet to a point at the intersection of the division line between the lands now or formerly of Jane B. Sprinkle, and the lands now or formerly of Phillip M. Brooks, Jr.;

(d) Thence, leaving Maryland Route 20 and binding partly on the aforesaid division line, north 02 33 FT 21 IN west 1704.94 feet to a point along the southernmost outline of the lands now or formerly of Frank Hogans;

(e) Thence, binding on the southernmost outline of the Hogans lands, south 84 23 FT 41 IN west 435.18 feet to a point along the southernmost outline of the lands of the County Commissioners of Kent County;

(f) Thence, with the southernmost and westernmost outline of the aforesaid County Commissioners lands, the 3 following courses and distances: south 84 23 FT 30 IN west 459.00 feet to a point, thence north 04 06 FT 48 IN west 651.92 feet to a point, and thence north 02 24 FT 02 IN west 158.56 feet to a point;

(g) Thence, binding on the northernmost outline of the aforesaid Commissioners' lands, and crossing Maryland Route No. 514, north 83 28 FT 52 IN east 735.54 feet to a point on the easternmost right-of-way line of the aforesaid Maryland Route No. 514;

(h) Thence, binding on the easternmost right-of-way line of Maryland Route 514, the 6 following courses and distances: north 29 59 FT 59 IN west 2128.87 feet to a point of curvature, thence with the arc of a curve to the left, 592.91 feet to a point of tangency, said curve being a radius of 2889.79 feet and scribed by a chord of north 35 52 FT 38 IN west 591.89 feet; thence north 41 45 FT 20 IN west 135.70 feet to a point of curvature, thence with the arc of a curve to the right 1041.67 feet to a point of tangency, said curve having a radius of 1884.86 feet and scribed by a chord of north 26 07 FT 48 IN west 1015.34 feet; thence north 10 30 FT 12 IN west 147.63 feet, and thence north 37 36 FT 59 IN east 59.26 feet to a point along the southernmost side of Cromwell Clark Road;

(i) Thence, leaving Maryland Route No. 514 and binding on the southernmost side of Cromwell Clark Road and the northernmost outline of the lands of Alfred E. Hickman, north 88 44 FT 20 IN east 565.39 feet to a point on the northernmost boundary of the lands now or formerly of the Coventry Farm;

(j) Thence, continuing along the southernmost side of Cromwell Clark Road and the northernmost outline of the aforesaid lands of Coventry Farm, the 3 following courses and distances: north 77 23 FT 01 IN east 1935.64 feet to a point, thence north 80 13 FT 51 IN east 1122.00 feet to a point, and thence north 76 43 FT 51 IN east 511.42 feet to a point along the westernmost right-of-way line of the lands of the Maryland Department of Transportation;

(k) Thence, binding on the aforesaid right-of-way line, south 17 14 FT 29 IN east 92.09 feet to the lands now or formerly of Millard F. Reed, Jr.;

(l) Thence, leaving the Maryland Department of Transportation lands and binding on the westernmost outline of the aforesaid Reed lands, south 02 56 FT 11 IN west 1848.94 feet to a point;

(m) Thence, binding on a portion of the southernmost outline of the Reed lands and the southernmost outline of the lands of Edwin C. Fry, the 2 following courses and distances: south 60 16 FT 29 IN east 270.50 feet to a point, and thence south 78 58 FT 49 IN east 548.02 feet to a point along the westernmost right-of-way line of the aforementioned lands of the Maryland Department of Transportation;

(n) Thence, running across the aforesaid lands, south 79 19 FT 25 IN east 79.21 feet to a point at the northwesternmost corner of a subdivision known as "Foxley Manor";

(o) Thence, leaving the lands of the Maryland Department of Transportation and binding on the northernmost outline of Foxley Manor and crossing U. S. Route 213, south 78 58 FT 12 IN east 1413. 92 feet to a point along the easternmost right-of-way line of the aforesaid U. S. Route 213;

(p) Thence, binding on the easternmost right-of-way line of U. S. Route 213, the 2 following courses and distances: with the arc of a curve to the right having a radius length of 924.93 feet and scribed by a chord of north 13 36 FT 34 IN east 310.54 feet, and thence north 23 17 FT 27 IN east 692.21 feet to a point at the intersection of the division line of the lands now or formerly of Ina Rae Levey;

(q) Thence, leaving U. S. Route 213 and binding on the aforesaid division line south 66 48 FT 38 IN east 803.67 feet to a point on the easternmost right-of-way line of Center Road;

(r) Thence, binding on the easternmost right-of-way line of Center Road, the 2 following courses and distances: south 01 20 FT 03 IN west 669.96 feet to a point, and thence south 25 26 FT 20 IN east 193.82 feet to a point located along the southernmost outline of the lands now or formerly of George F. Scheeler;

(s) Thence, leaving Center Road and binding on the aforesaid outline, north 63 23 FT 55 IN east 990.69 feet to a point along the westernmost outline of the lands of the Department of Health and Mental Hygiene;

(t) Thence, binding on the perimeter outline of the aforesaid lands, the 4 following courses and distances: north 27 26 FT 29 IN west 840.00 feet to a point, thence north 63 23 FT 55 IN east 1040.00 feet to a point, thence south 27 26 FT 29 IN east 840.00 feet to a point, and thence south 63 23 FT 55 IN west 917.01 feet to a point located at the northwesternmost corner of the lands now or formerly of William J. Bringman;

(u) Thence, binding on the westernmost outline of the aforesaid Bringman lands, south 25 17 FT 50 IN east 106.54 feet to a point located at the southeasternmost corner of Scheeler Road, said point further being located at the end of the 11- or north-52-08 FT-40 IN-east-1139.56-foot line as contained in the description of the Annexation to the Town of Chesterton in 1980.

(3) Annexation No. 3. [Added 9-22-1988 by Res. No. 2-1988]

(a) Beginning for the same at a point in the center of the road leading from Chestertown to Pomona where the fourth line intersects the fifth line in Section 47, titled "Boundaries," in the Code of Public Laws of Kent County;

(b) Thence leaving said beginning point so fixed and binding along said right-of-way line, south 31 31 FT 45 IN west 590.00 feet to a point of curvature.

(c) Thence binding along the arc of a curve to the left 422.06 feet to a point of tangency. Said curve having a radius of 4,430.38 feet and scribed by a chord of south 28 44 FT 00 IN west 421.90 feet.

(d) Thence south 26 04 FT 15 IN west 532.33 feet to a point along the mean high-water line of Radcliffe Creek.

(e) Thence leaving Maryland Route 289, and binding along the mean high-water line of Radcliffe Creek and proceeding in a northerly direction to a point at the southwesternmost corner of the lands of George G. Pennington (see EHP 80/13).

(f) Thence along the center line of Radcliffe Creek to the boundary of the lands of William L. Walbert and Greta Walbert (see EHP 185/150).

(g) Thence continuing along the center line of Radcliffe Creek to the boundary of the lands of Gillespie and Son, Inc. (see EHP 33/262)

(h) Thence continuing along the center line of Radcliffe Creek to close with the present corporate limits of the Town of Chestertown.

(4) Annexation No. 4. [Added 5-16-1994 by Res. No. 1-1994]

(a) Beginning for the same at a point at the intersection of the division line between the lands of Kent and Queen Annes Hospital Inc. (see E.H.P. 198/234) and lands of College Heights Development Company (see E.H.P. 158/344), with the southernmost right-of-way of Maryland Route 291.

(b) Thence; leaving Kent and Queen Annes Hospital lands and binding on the southernmost side of Route 291 the following 2 courses and distances: north 63 32 FT 20 IN east, a distance of 78.33 feet to a point; and north 68 10 FT 52 IN east, a distance of 88.77 feet to a point at the intersection of the division line between the lands of Delmarva Power & Light Company of Maryland (see E.H.P. 25/28 and 29/842) and the aforesaid College Heights Development Company lands.

(c) Thence; leaving Maryland Route 291 and binding on the division line between the aforesaid College Heights Development Company lands, other lands of College Heights Development Company (see W.H.G. 53/546) and lands of Delmarva Power & Light Company the following 3 courses and distances: south 26 52 FT 18 IN east, a distance of 235.44 feet to a concrete monument found; north 63 07 FT 42 IN east, a distance of 310.70 feet to a concrete monument found; and north 26 52 FT 18 IN west, a distance of 50.00 feet to a point at the intersection of the division line between the lands of Delmarva Power & Light Company, lands of Ollie H. Ervin etux. (see E.H.P. 9/743) and lands of College Heights Development Company.

(d) Thence; leaving the Delmarva Power & Light Company lands and binding on the division line between the Ervin lands and the College Heights Development Company lands north 63 04 FT 39 IN east, a distance of 150.61 feet to a concrete monument found at the intersection of the division line between the Ervin lands, lands of Chestertown Brick Company (see E.H.P. 13/391) and lands of College Heights Development Company.

(e) Thence; leaving the Ervin lands and binding on the division line between the lands of Chestertown Brick Company, College Heights Development Company, lands of Francis E. Schauber (see E.H.P. 69/660) and lands of P.U.M.H. of Maryland Inc. (see E.H.P. 284/84 & M.L.M. 14/526) south 26 54 FT 56 IN east, a distance of 1761.53 feet to a iron pipe found at the intersection of the division line between the lands of Chestertown Brick Company, other lands of P.U.M.H. of Maryland Inc. (see E.H.P. 273/435 & 291/484) and lands of P.U.M.H. of Maryland Inc.

(f) Thence; leaving the Brick Company lands and binding on the division line between the lands of P.U.M.H. of Maryland Inc. and other lands of P.U.M.H. of Maryland Inc. the following 2 courses and distances: south 62 49 FT 07 IN west, a distance of 594.40 feet to a point. Passing in transit a concrete monument found 35.01 feet from the end thereof; and north 28 34 FT 53 IN west, a distance of 350.10 feet to a iron rod found at the intersection of the division line between the lands of College Heights Development Company (see W.H.G. 53/546), lands of Francis E. Schauber (see E.H.P. 69/660). and lands of P.U.M.H. of Maryland (see E.H.P. 284/84 & M.L.M. 14/526).

(g) Thence; leaving P.U.M.H. of Maryland lands and binding on the division line between the College Heights Development Company lands and the Schauber lands north 28 34 FT 53 IN west, a distance of 594.30 feet to a point at the intersection of the division line between College Heights Development Company lands and lands of Schauber.

(h) Thence; leaving the Schauber lands and running through the College Heights Development Company lands north 27 21 FT 22 IN west, a distance of 819.73 feet to a concrete monument found at the intersection of the division line between the lands of the aforementioned Kent and Queen Annes Hospital Inc. lands, other lands of College Heights Development Company (see E.H.H.P. 158/344) and lands of College Heights Development Company.

(i) Thence; leaving College Heights Development Company lands and binding on the division line between Kent and Queen Annes Hospital Inc. lands and other lands of College Heights Development Company north 26 50 FT 49 IN west, a distance of 194.75 feet to the place of beginning. Containing in all 25.31 acres of land more or less, as surveyed by Michael A. Scott in March 1994, as shown on a plat attached hereto and intended to be recorded herewith.

(5) Annexation No. 5. [Added 5-16-1994 by Res. No. 2-1994]

(a) Beginning for the same at a point in the easternmost right-of-way line of Maryland Route 213 and at the end of the north-23-17 FT-27 IN-east-692.21-foot line contained in Annexation Resolution No. 1, for the Town of Chestertown, dated February 1994. Said beginning point further being at the intersection of the division line between the lands of Ida Rae Levy (see EHP 52/443) and the lands of Charles W. and Margaret L. Sommers (see EHP 271/447) with the aforementioned easternmost right-of-way line of Maryland Route 213;

(b) Thence, leaving said point of beginning so fixed and binding on the aforesaid Maryland Route 213, north 23 12 FT 16 IN east 621.16 feet to the point of intersection of the division line between the lands of Speakman Company (see EHP 73/739) and other lands of Charles W. and Margaret L. Sommers (see EHP 267/510) with the aforesaid Maryland Route 213;

(c) Thence, leaving said point so fixed and binding on the aforesaid division line, south 66 47 FT 44 IN east 400.00 feet to a point;

(d) Thence, leaving said point so fixed and binding on the division lines between the lands of Joan F. Baxter, Marlene E. Starkey, and Margaret G. Eshman (see Parcel No. 5 of MLM 36/466) and the herein described lands of Charles W. and Margaret L. Sommers, the following 3 courses and distances: (1) South 23 12 FT 16 IN west 374.29 feet to a point, (2) South 66 53 FT 48 IN east 48.00 feet to a point, and (3) South 23 12 FT 16 IN west 246.84 feet to a point;

(e) Thence, leaving said point so fixed and binding on the first mentioned division line between the lands of Ida Rae Levy and Charles W. and Margaret L. Sommers, north 66 48 FT 38 IN west 448.00 feet to the place of beginning. Containing in all 5.975 acres of land more or less as described by James M. Luff, registered land surveyor, in March of 1994 from various surveys by McCrone, Inc.

ARTICLE II

Mayor and Council

~ C2-1. Form of government.

The government of said town shall be vested in a Mayor and four (4) Council members. Each Council member shall be a resident of the ward which he represents.

~ C2-2. Qualifications.

A. Mayor. The Mayor of said town shall be a legal voter of said town at the time of election, not less than twenty-five (25) years of age, a citizen of the United States and shall have been a resident within the limits of said town for not less than two (2) years next previous to the date of the election. In case the Mayor should change the place of his residence from said town, he shall cease to be Mayor, and there shall exist a vacancy in said office, to be filled as hereinafter provided.

B. Council members. The Council members of said town shall be legal voters of said town at the time of their election, not less than twenty-one (21) years of age, citizens of the United States and shall have been residents within the limits of said town for not less than one (1) year next previous to the date of their election. Each of said Council members shall dwell, for not less than thirty (30) days prior to the date of his election, in the ward which he is elected to represent; and in case he moves during his term of office from the ward from which he is elected, his term shall at once terminate, and there shall exist a vacancy in the office of the Council member of such ward, to be filled as hereinafter provided.

~ C2-3. Powers and duties of Mayor.

A. The Mayor shall be the chief executive officer of the town and will be responsible for a sound fiscal policy. The Mayor shall be President of the Council, preside at its meetings and shall have the right to discuss and vote upon any question coming before the Council. He shall have no power to veto any measure, but every ordinance, measure or resolution passed by the Council must be signed by the Mayor and two (2) Council members or three (3) Council members, and be recorded in the minutes before the same shall become effective and enforceable.

B. He shall have power to call special meetings of the Council upon one (1) day FTs notice whenever, in his opinion, the public good may require it. In times of public danger, whenever it is impossible to convene the Council, he shall have the power to authorize the appointment of officers of the peace and safety for said town, who shall be charged with the duty of obtaining the peace and order thereof.

C. The Mayor, during the first quarter of each calendar year, shall report to the Council the condition of municipal affairs and make such recommendations as he deems proper for the public good and welfare of the town.

D. 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, not inconsistent with this Charter, by the Council.

~ C2-4. Acting Mayor.

In case the Mayor is unable to perform the duties of his office by reason of temporary or continued absence or sickness, the Council shall appoint, by ballot, by a majority vote of all members thereof, one (1) of their number to act in his stead, whose official designation shall be "Acting Mayor," and the Councilman so appointed shall be vested with all powers and shall perform all the duties of the Mayor during such absence or sickness and shall receive the salary of the Mayor during such vacancy, provided that if such disability continues for ten (10) days or longer, during such absence in excess of ten (10) days, the Mayor shall receive no salary and provided, further, that the Councilman receiving compensation as Acting Mayor shall not receive his salary as Councilman for the same time he receives compensation as Acting Mayor.

~ C2-5. Removal from office.

The Mayor and/or a Council member shall be removed from office upon the conviction of a felony or having been declared mentally incompetent by the Circuit Court or by extended absenteeism, defined as missing fifty percent (50%) of the meetings of the Mayor and Council within a six-month period. Removal from office by extended absenteeism shall be effected only after an advertised public hearing and shall require the affirmative vote of three (3) members of the Council. A vote of three (3) members of the Council is required to initiate the hearing for removal.

~ C2-6. Vacancies.

In the case of a vacancy on the Council for any reason, the Mayor and Council, within forty-five (45) days, shall elect from the same ward in which the vacancy occurred some qualified person to fill such vacancy for the unexpired term. In the case of a vacancy in the office of Mayor for any reason, the Council, within forty-five (45) days, shall elect some qualified person to fill the vacancy until the next regular town election. Any vacancies on the Council or in the office of Mayor shall be filled by the favorable votes of a majority of the remaining members of the Mayor and Council. The results of any such vote shall be recorded in the minutes of the Council. In the event that no one is appointed within the specified forty-five-day period, the Board of Election Supervisors for the town will arrange for a special election.

~ C2-7. Compensation.

A. Mayor. The Mayor shall be compensated at a rate 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 of 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.

B. Council members. Each Council member shall receive an annual salary, the amount of which shall be specified from time to time by an ordinance passed by the Council in the regular course of its business. The salary for each Council member shall be equal, except that the salary specified at the time any Council member takes office shall not be changed during the period for which the council member was elected.

~ C2-8. Powers and duties of Council.

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 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, safety, comfort, convenience, welfare and happiness of the residents of the town 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 town and for printing and publishing statements as to the business of the town.

(2) Aisles. To regulate and prevent the obstruction of aisles in public halls, churches and place 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 the licensing, regulating or restraining of theatrical or other public amusements.

(4) Appointments. To appoint such officers or commissions or committees as the Council deems necessary to effect the efficient and proper operation of the town. The Mayor and Council shall not make up more than fifty percent (50%) of the members of any commission or committee; with the exception of the Utilities Commission.

(5) Appropriations. To appropriate municipal moneys for any purpose within the powers of the Council.

(6) Auctioneers. To regulate the sale of all kinds of property at auction and to license auctioneers.

(7) Band. To establish a municipal band, symphony orchestra or some other musical organization and to regulate, by ordinance, the conduct and policies thereof.

(8) Billboards. To license, tax and regulate, restrain or prohibit the erection or maintenance of billboards within the town 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 town.

(9) Bridges. To erect and maintain bridges.

(10) 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 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.

(11) Cemeteries. To regulate or prohibit the interment of bodies within the municipality and to regulate cemeteries.

(12) Codification. To provide for the codification of all ordinances which have been or may hereafter be passed.

(13) 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.

(14) 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.

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

(16) 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 work which may be sustained by any persons or property.

(17) Disorderly houses. To suppress bawdy houses, disorderly houses or houses of ill fame.

(18) Dogs. To regulate the keeping of dogs in the town and to provide for the licensing and taxing of the same and to provide for the disposition of homeless dogs and dogs for 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 other 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 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.

(22) Finances. To levy, assess and collect municipal taxes; to expend municipal funds for any public purpose: and to have general management and control of the finances of the town.

(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 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 fireplugs where and as necessary and to regulate their use; and to take all other measures necessary to control and prevent fires in the town.

(24) Food. To inspect and to require the condemnation of, if unwholesome, and to regulate the sale of any food products.

(25) Franchises. To grant and regulate franchises to water companies, electric light companies, gas companies, telegraph and telephone companies, cable television 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 (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 town and to revoke such licenses for cause.

(30) 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; 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 town 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 the temporary confinement of violators of the laws and ordinances of the town 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 businesses 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; and to establish and collect fees and charges for all licenses and permits issued under the authority of this Charter.

(34) 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.

(35) Lights. To provide for the lights of the town.

(36) Livestock. To regulate and prohibit the running at large or keeping of cattle, horses, swine, fowl, sheep, goats, dogs, rabbits, reptiles or other animals and to authorize the impounding, keeping, sale and redemption of such animals when found in violation of the ordinances in such cases provided.

(37) Markets. To obtain by lease or rent, own, construct, purchase, operate and maintain public markets within the town.

(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 the display of goods, wares and merchandise.

(39) Noise. To regulate or prohibit the unreasonable ringing of bells, crying of goods or sounding or whistles and horns or any other noise deemed unreasonable.

(40) 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 are herein specifically named or not, and 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 rendering plants. 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 town.

(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 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 Highway Administration must first be approved by the Administration.

(44) 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.

(45) Police force. To establish, operate and maintain a police force. All town policemen shall have the powers and authority of deputy sheriffs in this state.

(46) Police powers. To prohibit, suppress and punish, within the town, all vice, gambling and games of chance, prostitution and solicitation 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 town and its inhabitants; to convey any real or leasehold property when no longer needed for public use and 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 town.

(48) Quarantine. To establish quarantine regulations in the interest of the public health.

(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 a premises to keep the sidewalks in front thereof free from snow or other obstructions; and to prescribe hours for the cleaning of 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 town.

(52) Taxicabs. To license, tax and regulate public hackmen, taxicabmen, draymen, drivers, cabmen, porters and expressmen and all 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 town elections.

(55) 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.

C. Saving clause. The enumeration of powers in Subsection B of this section is not to be construed as limiting the powers of the town to the several subjects mentioned.

~ C2-9. 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 town 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.

ARTICLE III

Town Personnel

~ C3-1. Employment of town personnel authorized.

The town will have the power to employ such officers and employees as it deems necessary to execute the powers and duties provided by this Charter or other state laws and to operate the town government. The town will provide, by ordinance, for appointments and promotions in employment on the basis of merit and fitness.

~ C3-2. Town Manager.

A. The Mayor, with the formal approval of the Council, shall appoint an officer of the town, who shall have the title of "Town Manager." The Town Manager shall be chosen on the basis of having executive and administrative qualifications suitable for the position.

B. The Town Manager shall be the chief financial officer of the town.

C. The Town Manager shall be responsible for the day-to-day operation of the town and the enforcement of ordinances under the direct supervision of the Mayor. He shall perform whatever other duties are specified by the Council.

D. The Council may remove one (1) or more departments from the powers and duties of the Town Manager and require the department head to report directly to the Mayor and Council. Such responsibility may be conferred upon the department head as determined by the Mayor and Council.

E. Town Council members shall deal with the administrative services solely through the Town Manager, and neither the Council nor any member thereof shall give orders to any subordinate employee, either publicly or privately.

F. The Town Manager may be removed by a majority vote of the Mayor and Council, but in no case is a vote on removal to be made unless fifteen (15) days' prior notice is given in writing to all members of the Council.

G. Should the office of Town Manager become vacant, the Mayor shall temporarily assume or delegate his powers and duties.

~ C3-3. Town Attorney.

The Mayor and Council may appoint a Town Attorney. The Town Attorney shall be a member of the bar of the Maryland Court of Appeals. The Town Attorney shall be the legal advisor of the town and shall perform such duties in this connection as may be required by the Council or the Mayor. His compensation shall be as determined by the Council. The town shall have the power to employ such legal consultants as it deems necessary from time to time.

ARTICLE IV

Administrative Procedures

~ C4-1. Oath of office.

A. Oath required. Before entering upon the duties of their offices, the Mayor, the Council members, the Town Manager, the members of the Board of Supervisors of Elections and all other persons elected or appointed to any office of profit or trust in the town government shall take and subscribe the following oath or affirmation: "I, ............................................, do swear or affirm, as the case may be, that I will support the Constitution of the United States and that I will be faithful and bear true allegiance to the State of Maryland and support the Constitution and laws thereof and that I will support and comply with the Charter, laws and ordinances of the Town of Chestertown and that I will, to the best of my skill and judgment, diligently and faithfully, without partiality or prejudice, execute the office of ....................................... according to the Constitution and the laws of this state."

B. Persons authorized to take and subscribe oaths.

(1) The Mayor shall take and subscribe this oath or affirmation before the Clerk of the Circuit Court for the county or before one (1) of the sworn deputies of the Clerk. All other persons taking and subscribing the oath shall do so before the Mayor.

(2) Council members elected hereunder shall, on the first meeting in January next ensuing after the date of their election, appear before the Mayor and make the appropriate oath as required by the Charter.

~ C4-2. Meetings.

Regular meetings of the Council shall be held on the first and third Monday of every month at such time as it may fix. If that Monday falls on a town holiday, the meeting will be held on the next calendar day. The Council may, by a majority vote, change or cancel a meeting by advertising this change in a paper of local circulation at least once and at least six (6) days prior to the new meeting date. However, in no case will the Council hold fewer than one (1) regular meeting a month. Additional special meetings of the Council may be called by the Mayor and two (2) members of the Council, or three (3) members of the Council, upon reasonable notice being given to each member of the Council. Notice of additional meetings will be published at least once where time permits or posted in a designated public place as soon as they are called. The Mayor and Council may, at its discretion, call for a closed meeting when the business to be conducted concerns matters considered appropriate for closing a meeting of a public body under Article 76A, the Public Information Act, of the Annotated Code of Maryland. The results of the discussion of a closed meeting, but not the discussion itself, shall be recorded and placed in the journal. The rules of the Council shall provide that residents of the town shall have a reasonable opportunity to be heard at any open meeting of the Council with regard to any municipal question.

~ C4-3. Quorum; voting procedures.

At all meetings of the Mayor and Council, the Mayor and two (2) Council members shall constitute a quorum; or in the absence of the Mayor, three (3) Council members present and voting shall constitute a quorum for the transaction of business; and three (3) affirmative votes shall be necessary for the passage of an ordinance, law, resolution or measure of any description at all times. Upon every vote, the yeas and nays shall be called and recorded.

~ C4-4. 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 other time if required by any one (1) member. The journal shall be open to public inspection.

~ C4-5. Adoption of 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 (6) 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 the case of an emergency, the above requirement may be suspended by the affirmative votes of four (4) 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. A brief but fair description for each ordinance shall be published at least twice in a newspaper or newspapers having general circulation in the municipality. An emergency ordinance shall become effective on the date specified in the ordinance.

~ C4-6. Referendum procedures.

If, before the expiration of the twenty (20) days following passage of any ordinance, a petition is filed with the Town Manager containing the signatures of not less than twenty percent (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 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 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 ~ C6-17 of this Charter, 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 Article IX of this Charter. 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.

~ C4-7. Filing of ordinances.

Ordinances shall be permanently filed by the Town Manager and shall be kept available for public inspection.

ARTICLE V

Registration, Nominations and Elections

~ C5-1. Voter qualifications.

Every person who, for at least thirty (30) days prior to the election in said town, is registered with the Kent County Board of Election Supervisors as a voter residing within the corporate limits of said town shall be a qualified voter of the town.

~ C5-2. Districting and apportionment.

It shall be the duty of the Mayor and Council, by ordinance, to divide the town into four (4) wards and apportion the Council in such a manner for election purposes so as to reflect population and voter equality.

~ C5-3. Board of Supervisors of Elections.

A. Membership and terms; qualifications; vacancies and compensation. There shall be a Board of Supervisors of Elections consisting of three (3) members, who shall be appointed by the Mayor with the approval of the Council on or before the first Monday in October in every second odd-numbered year. The terms of the members of the Board of Supervisors of Elections shall begin on the first Monday in October in the year in which they are appointed and shall run for four (4) 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 terms of office. The Mayor and Council shall appoint one (1) of the members of the Board 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 shall be determined by the Council.

B. Removal from office. 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 charge against him and shall have a public hearing on it before the Council if he so requests within ten (10) days after receiving the written copy of the charge against him.

C. Powers and duties. The Board of Supervisors of Elections shall be in charge of all town elections. The Board may appoint election clerks or other employees to assist it in any of its duties.

~ C5-4. Public notification of registration and election days required.

The Board of Supervisors of Elections shall give at least two (2) weeks' notice of every registration day and every election by an advertisement published in at least one (1) newspaper of general circulation in the town and by posting a notice thereof in some public place or places in the town.

~ C5-5. Appeals.

If any person shall feel aggrieved by any action of the Board of Supervisors of Elections, such as refusing to register or in striking off the name of any person or by any other action, such person may appeal to the Council. Any decision or action of the Council upon such appeals may be appealed to the Circuit Court for the county within thirty (30) days of the decision or action of the Council.

~ C5-6. Filing of certificate of candidacy; form and contents.

Any person desiring to have his name placed upon the official ballot at the time of an election for Mayor or Council member shall, at least thirty (30) days prior to the election, file with the Board of Supervisors of Elections a petition, setting forth his name, residence, age, the length of time he has lived in the town and the office which he seeks, and such petition shall be signed by at least twenty (20) qualified voters, and in the case of a candidate for Council member, the voters signing said petition shall reside within the limits of the ward for which he is a candidate. Editor's Note: Forms for the filing of the certificate of candidacy are on file in the office of the Town Manager.

~ C5-7. Election of Mayor and Council members.

A. Mayor. On the first Tuesday in November 2001 and on the first Tuesday in November every fourth year thereafter, the qualified voters of the town shall elect one (1) person as Mayor of said town, who shall have the necessary qualifications as hereinbefore provided. The Mayor so elected shall serve for a term of four (4) years or until his successor is elected and qualified.

B. Council members. On the first Tuesday in November 2001, the qualified voters of the town shall also elect two (2) persons to be members of the Council of said town, one (1) each from the First and Third Wards, who shall have the necessary qualifications as hereinbefore provided. The Councilmen so elected from the First and Third Wards shall serve for terms of four (4) years or until their successors are elected and qualified. The Councilmen from the Second and Fourth Wards shall complete their present terms of four (4) years or until their successors are elected and qualified. Thereafter, commencing with the first Tuesday in November 2003 and on the first Tuesday in November in every second year thereafter, the qualified voters of the town shall elect two (2) persons to be members of the Council of said town, who shall have the necessary qualifications as hereinbefore provided, and who shall serve for terms of four (4) years or until their successors are elected and qualified.

~ C5-8. Conduct of elections.

It shall be the duty of the Board of Supervisors of elections to provide for each special and general election a suitable place or places for voting and suitable ballot boxes and ballots and/or voting machines. 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, such names to be arranged in alphabetical order by the office, with no party designation of any kind. The Board of Supervisors of Elections shall keep the polls open from 7:00 a.m. to 8:00 p.m. on election days or for longer hours if the Council requires it.

~ C5-9. Absentee ballots.

The Mayor and Council shall make provision for an absentee ballot for those persons who are qualified to vote and may be unavoidably absent from Chestertown for any reason on election day or for those persons who are qualified to vote and whose physical disability will prevent them from being present at the polls on election day.

~ C5-10. Special elections.

All special town elections shall be conducted by the Board of Supervisors of Elections in the same manner and with the same personnel, as far as practicable, as regular town elections.

~ C5-11. Vote count; certification and recording;
determination of winners.

Within forty-eight (48) hours after the closing of the polls, the Board of Supervisors of Elections shall determine the vote cast for each candidate or question and shall certify the results of the election to the Town Manager, who shall record the results in the minutes of the Council. The candidate for Mayor with the highest number of votes in the general election shall be declared elected as Mayor. The candidates for Council member with the highest number of votes in each ward in the general election shall be declared elected as Council member to represent said ward in the Town Council.

~ C5-12. Preservation of ballots.

All ballots used in any town election shall be preserved for at least six (6) months from the date of the election.

~ C5-13. Regulation and control by Council.

The Council shall have the power to provide, by ordinance or emergency ordinance, in every respect not covered by the provisions of this Charter, for the conduct of registration, nomination and town elections and for the prevention of fraud in connection therewith and for a recount of ballots in case of doubt or fraud.

~ C5-14. Violations and penalties.

Any person who fails to perform any duty required of him under the provisions of this Article or any ordinances passed thereunder or who willfully or corruptly does anything which will or will tend to fraudulently affect any registration, nomination or town election shall be deemed guilty of a misdemeanor. Any officer or employee of the town government who is convicted of a misdemeanor under the provisions of this section shall immediately, upon conviction thereof, cease to hold such office of employment.

ARTICLE VI

Finance

~ C6-1. Fiscal year.

The town shall operate on an annual budget. The fiscal year of the town shall begin on the first day of July and shall end on the last day of June in each year. Such fiscal year shall constitute the tax year, the budget year and the accounting year.

~ C6-2. Budget.

A. Submission; contents. The Mayor, on such date as the Council may require but at least thirty-two (32) days before the beginning of any fiscal year, shall submit to the Council a budget. 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 budget may also provide a contingent fund not to exceed ten percent (10%) of the total amount of the budget. The total of the anticipated revenues shall equal or exceed the total of the proposed expenditures. The budget shall show in each category the amount budgeted for the current fiscal year and actual expenditures as of the end of the previous month, as well as proposed expenditures for the coming fiscal year. Along with the budget, the Mayor shall present a statement showing the town's total assets and liabilities. The budget shall be a public record in the office of the Mayor and Council and open to public inspection by anyone during normal business hours.

B. Adoption procedures. Before adopting the budget, the Council shall hold a public hearing thereon after two (2) successive weeks' notice in some newspaper or newspapers having general circulation within the municipality. 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 proposed total 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.

~ C6-3. Appropriations.

No public money may 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.

~ C6-4. 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.

~ C6-5. Overexpenditures.

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 expenditures pursuant to this Charter. Any contract, verbal or written, made in violation of this Charter shall be null and void. However, nothing in this section contained 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 or notes nor the making of contracts of lease or for services for a period exceeding the budget year in which such contract is made, when such contract is permitted by law, nor the expending of money out of the contingent fund or other reserves or other surpluses for town purposes after the approval of the same by a majority of the total elected membership of the Council.

~ C6-6. Disposition of unexpended and unencumbered funds.

All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered. Any unexpended and unencumbered funds shall be considered a surplus at the end of the budget year. Any expenditure of such surplus or unbudgeted funds in a subsequent year shall be by amendment to the budget, to be adopted in the form of an ordinance.

~ C6-7. Issuance of checks; authorized signatures.

All checks issued in payment of salaries or other municipal obligations shall be issued and signed by those designated by the Mayor. All checks shall require two (2) signatures.

~ C6-8. Determination of taxable property.

All real property and all personal property within the corporate limits of the town of 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.

~ C6-9. Determination of tax levy.

From the effective date of the budget, the amount stated therein as the amount to be raised by the property tax shall constitute a determination of the amount of the tax levy in the corresponding tax year.

~ C6-10. Notification of tax levy; preparation and delivery of tax bills.

Immediately after the levy is made by the Council in each year, notice shall be given of the making of levy by posting a notice thereof in some public place or places in the town. A bill of account of the taxes due shall be made out and mailed or delivered in person to each taxpayer or his agent at his known address. This bill of account shall contain a statement of the amount of real and personal property with which the taxpayer is assessed, the rate of taxation, the amount of taxes due and the date on which the taxes will bear interest. Failure to give or receive any notice required by this section shall not relieve any taxpayer of the responsibility to pay, on the dates established by this Charter, all taxes levied on his property.

~ C6-11. Overdue taxes.

The taxes provided for in ~ C6-9 of this Charter shall be due and payable on the first day of July in the year for which they are levied and shall be overdue and in arrears on the first day of the following October. They shall bear interest, as set by the Mayor and Council as part of the budget ordinance, for each month or fraction of a month until paid.

~ C6-12. Sale of tax-delinquent property.

A list of all property on which town taxes have not been paid and which are in arrears as provided by ~ C6-11 of this Charter shall be turned over to the official of the county responsible for the sale of tax-delinquent property as provided in state law. All property listed thereon shall, if necessary, be sold for taxes by this county official in the manner prescribed by the state law.

~ C6-13. Fees; accountability.

All fees received by an officer or employee of the town government in his official capacity shall belong to the town government and be accounted for to the town.

~ C6-14. Annual audit required.

The financial books and accounts of the town shall be audited annually as required by Article 19, ~ 40, of the Annotated Code of Maryland.

~ C6-15. Tax-anticipation borrowing.

During the first six (6) months of any fiscal year, the town shall have the power to borrow in anticipation of the collection of the property tax levied for that fiscal year and to issue tax-anticipation notes or other evidences of indebtedness as evidence of such borrowing. Such tax-anticipation notes or other evidences of indebtedness shall be a first lien upon the proceeds of such tax and shall be a first lien upon the proceeds of such tax and shall mature and be paid not later than six (6) months after the beginning of the fiscal year in which they are issued. No tax-anticipation notes or other evidences of indebtedness shall be issued which will cause the total tax-anticipation indebtedness of the town to exceed fifty percent (50%) of the property tax levy for the fiscal year in which such notes or other evidences of indebtedness are issued. All tax-anticipation notes or other evidences of indebtedness shall be authorized by ordinance before being issued. The Council shall have the power to regulate all matters concerning the issuance and sale of tax-anticipation notes.

~ C6-16. Borrowing power generally.

At any time, the town shall have the power to borrow and to evidence such indebtedness by signing promissory notes. Such promissory notes shall be authorized by ordinance before being issued. The Council shall have the power to regulate all matters concerning the getting of promissory notes and shall not be required to solicit competitive bids upon the same, but shall be authorized to negotiate the best rate of interest available, privately, if the Council deems the same advisable.

~ C6-17. Payment of indebtedness; levy of ad valorem taxes.

The power and obligation of the town to pay any and all bonds, notes or other evidences of indebtedness issued by it under the authority of this Charter and Article 23A, ~ 31, of the Annotated Code of Maryland shall be unlimited, and the town shall levy ad valorem taxes upon all the taxable property of the town for the payment of such bonds, notes or other evidences of indebtedness, and interest thereon, without limitation of amount. All bonds payable as to principal and interest solely from the revenue of one (1) or more revenue-producing projects of the town shall not constitute an indebtedness to which the full faith and credit or taxing power of the town is pledged. The full faith and credit of the town is hereby pledged for the payment of the principal of and the interest on all other bonds, notes or other evidences of indebtedness hereafter issued under the authority of this Charter and Article 23A, ~ 31, of the Annotated Code of Maryland, whether or not such pledge is stated in the bonds, notes or other evidences of indebtedness or in the ordinance authorizing their issuance.

~ C6-18. Issuance and sale of general obligation bonds or bond-anticipation notes; authority and powers considered supplementary.

A. The town may borrow money for any public purpose, including refinancing any indebtedness of the town outstanding from time to time, and may evidence such borrowing by the issuance and sale of its general obligation bonds or bond-anticipation notes. Such bonds or notes may be issued and sold in the manner prescribed in Article 23A, ~~ 31 to 37, inclusive, of the Annotated Code Maryland (1957 Edition), as amended and replaced, titled Corporations - Municipal," subtitled "Home Rule," with the subheading "Creation of municipal public debt," provided that if any ordinance authorizing the issuance and sale of any such bonds or notes so specifies, the bonds or notes may be sold at private sale without advertisement or publication of notice of sale or solicitation of competitive bids.

B. The authority and powers contained in this section shall be supplementary to existing law and may be exercised, in whole or in part, by the town notwithstanding any other provision or limitation of law.

~ C6-19. Issuance and sale of revenue bonds.

The town may provide by ordinance for the issuance and sale of revenue bonds for the purpose of financing any part or all of the cost of construction, reconstruction, acquisition, improvement, extension, alteration, modernization, planning, maintenance and repair of any municipally owned property, facility or project. Such bonds are to be payable as to both principal and interest solely from the revenues of any portion or all of such property, facilities or projects as are financed by such revenue bonds. Such bonds shall not constitute an indebtedness to which the town's faith and credit or taxing power is pledged, and all such bonds shall contain on their faces a statement to that effect.

~ C6-20. Legality of previously issued bonds, notes or other evidences of indebtedness.

All bonds, notes or other evidences of indebtedness issued by the town previous to the effective date of this Charter and all ordinances passed concerning them are hereby declared to be valid, legal and binding and of full force and effect as if herein fully set forth.

~ C6-21. Purchasing and contracts.

All purchases and contracts for the town government shall be made by the officer so designated by the Council. The Council may provide, by ordinance, for rules and regulations regarding the use of competitive bidding and contracts for all town purchases and contracts. All expenditures for supplies, materials, equipment, construction of public improvements or contractual services involving more than three thousand dollars ($3,000.) will be made on written contract. The designated officer shall be required to advertise for sealed bids, in such manner as may be prescribed by ordinance, for all such written contracts. Such written contracts shall be awarded to the bidder who offers the lowest or best bid, quality of goods and work, time of delivery or completion and responsibility of bidders being considered. All such written contracts shall be approved by the Council before becoming effective. The Mayor and Council shall have the right to reject all bids and readvertise. The town, at any time, in its discretion, may employ its own forces for the construction or reconstruction of public improvements without advertising for or readvertising for or receiving bids. All written contracts may be protected by such bonds, penalties and conditions as the town may require.

ARTICLE VII

Public Ways and Sidewalks

~ C7-1. Definitions.

As used in this Charter, the following terms shall have the meanings indicated:

!BEGIN DEFINITIONS!

PUBLIC WAYS -- Include all streets, avenues, roads, highways, public thoroughfares, lanes and alleys.

!END DEFINITIONS!

~ C7-2. Control and maintenance; exception.

The town shall have control of all public ways in the town, except such as may be under the jurisdiction of the Maryland State Highway Administration. Subject to the laws of the State of Maryland and this Charter, the town may do whatever it deems necessary to establish, operate and maintain in good condition the public ways of the town.

~ C7-3. Powers of town regarding public ways.

The town shall have the power to:

A. Establish, regulate and change, from time to time, the grade lines, width and construction materials of any town public way or part thereof, bridge, curb or gutter.

B. Grade, straighten, widen, alter, improve or close up any existing town public way or part thereof.

C. Grade, lay out, construct, open, extend and make new town public ways.

D. Pave, surface, repave or resurface any town public way or part thereof.

E. Install, construct, reconstruct, repair and maintain curbs and/or gutters along any town public way or part thereof.

F. Construct, reconstruct, maintain and repair bridges.

G. Name town public ways.

H. Have surveys, plans, specifications and estimates made for any of the above activities or projects or parts thereof.

~ C7-4. Powers of town regarding sidewalks.

The town shall have the power to:

A. Establish, regulate and change, from time to time, the grade lines, width and construction materials of any sidewalk or part thereof.

B. Grade, lay out, construct, reconstruct, pave, repave, repair, extend or otherwise alter sidewalks on town property along any public way or part thereof.

C. Require that the owners of any property abutting on a sidewalk keep the sidewalk clear of all ice, snow and other obstructions.

D. Require and order the owner of any property abutting on any public way in the town to perform any projects authorized by this section, at the owner's expense, according to reasonable plans and specifications. If, after due notice, the owner fails to comply with the order within a reasonable time, the town may do the work, and the expense shall be lien on the property and shall be collectible in the same manner as town taxes are or by suit at law.

ARTICLE VIII

Water and Sewers

~ C8-1. Powers of town.

The town shall have the power to:

A. Construct, operate and maintain a water system and water plant.

B. Construct, operate and maintain a sanitary sewer system and a sewage treatment plant.

C. Construct, operate and maintain a stormwater drainage system and stormwater sewers.

D. Construct, maintain, reconstruct, enlarge, alter, repair, improve or dispose of all parts, installations and structures of the above plants and systems.

E. Have surveys, plans, specifications and estimates made for any of the above plants and systems or parts thereof or the extension thereof.

F. Do all things it deems necessary for the efficient operation and maintenance of the above plants and systems.

~ C8-2. Submission of plans and written approval required prior to construction or alteration of structures in public ways; penalty.

Any public service corporation, company or individual, before beginning any construction of or placing of or changing of the location of any main, conduit, pipe or other structure in the public ways of the town, shall submit plans to the town and obtain written approval upon such conditions and subject to such limitations as may be imposed by the town. Any public service corporation, company or individual violating the provisions of this section shall be guilty of a misdemeanor. If any unauthorized main, conduit, pipe or other structure interferes with the operation of the water, sewer or stormwater systems, the town may order it removed.

~ C8-3. Adjustment or removal of obstructions; use of condemnation; penalty.

All individuals, firms or corporations having mains, pipes, conduits or other structures in, on or over any public way in the town or in the county which impede the establishment, construction or operation of any town sewer or water main shall, upon reasonable notice, remove or adjust the obstructions, at their own expense, to the satisfaction of the town. If necessary to carry out the provisions of this section, the town may use its condemnation powers provided in ~ C10-2 of this Charter. Any violation of an ordinance passed under the provisions of this section may be made a misdemeanor.

~ C8-4. Right of entry on county public ways; notification required.

The town may enter upon or do construction in, on or over any county public way for the purpose of installing or repairing any equipment or doing any other things necessary to establish, operate and maintain the water system, water plant, sanitary sewer system, sewage treatment plant or stormwater sewers provided for in this Charter. Unless required by the county, the town need not obtain any permit or pay any charge for these operations, but it must notify the county of its intent to enter on the public way and must leave the public way in a condition not inferior to that existing before.

~ C8-5. Connections to water and sewer mains; disposition of cesspools, privies or wells; penalty.

The town shall provide a connection with water and sanitary sewer mains for all property abutting on any public way in which a sanitary sewer or water main is laid. When any water main or sanitary sewer is declared ready for operation by the town, all abutting property owners, after reasonable notice, shall connect all fixtures with the water or sewer main. The town may require that if it considers existing fixtures unsatisfactory, satisfactory ones shall be installed, and it may require that all cesspools, sink drains and privies be abandoned, filled, removed or left in such a way as not to injure public health. All wells found to be polluted or a menace to health may be ordered to be abandoned and closed. Any violation of an ordinance passed under the provisions of this section may be made a misdemeanor.

~ C8-6. Connection charges; payment required prior to connection.

The town may make a charge, the amount to be determined by the Council, for each connection made to the town's water or sewer mains. This charge shall be uniform throughout the town, but may be changed from year to year. Arrangements for the payment of this charge shall be made before the connection is made.

~ C8-7. Prevention of waste or improper use of systems.

In order to prevent any leakage or waste of water or other improper use of the town's water system or sewage disposal system, the town may require such changes in plumbing, fixtures or connections as it deems necessary to prevent such waste or improper use.

~ C8-8. Operation and maintenance of private systems;
abatement; penalty.

The town may, by ordinance, provide that no water supply, sewer or stormwater drainage system and no water mains, sewers, drains or connections therewith shall be constructed or operated by any person or persons, firm, corporation, institution or community, whether upon private premises or otherwise, and may provide that cesspools or other private methods of sewage disposal shall be operated and maintained in such a manner that they do not and will not be like to adversely affect the public comfort and health, and any cesspool or other private method of sewage disposal affecting or likely to adversely affect the public comfort and health may be deemed a nuisance and may be abated by the town. Any violation of an ordinance passed under the provisions of this section may be made a misdemeanor.

~ C8-9. Extension of water and sewer mains. [Amended 4-19-1982]

The ~ C8-10. Right of entry for access to water or sewer in

town shall have the power to extend its water and sewer mains beyond the town limits.stallations; penalty.

Any employee or agent of the town, while in the necessary pursuit of his official duties with regard to the water or sewage disposal systems operated by the town, shall have the right of entry for access to water or sewer installations, at all reasonable hours and after reasonable advance notice to the owner, tenant or person in possession, upon any premises and into any building in the town or in the county served by the town's water or sewage disposal system. Any restraint or hindrance offered to such entry by any owner, tenant or person in possession or the agent of any of them may, by ordinance, be made a misdemeanor.

~ C8-11. Pollution of town water supply system prohibited; penalty.

No person shall do anything which will discolor, pollute or tend to pollute any water used or to be used in the town water supply system. Any violation of the provisions of this section shall be a misdemeanor.

~ C8-12. Service rates and charges; collection.

The town shall have the power to charge and collect such service rates, water rents, ready-to-serve charges or other charges as it deems necessary for water supplied and for the removal of sewage. These charges are to be billed and collected, and if bills are unpaid within thirty (30) days, the service may be discontinued. All charges shall be a lien on the property and collectible in the same manner, including interest charges, as town taxes or by suit at law.

ARTICLE IX

Special Assessments

~ C9-1. Special assessments authorized for properties receiving special benefits; determination of costs.

The town shall have the power to levy and collect taxes in the form of special assessments upon property in a limited and determinable area for special benefits conferred upon such property by the installation or construction of water mains, sanitary sewer mains, stormwater sewers, curbs and gutters and by the construction and paving of public ways and sidewalks, or parts thereof, and to provide for the payment of all or any part of the above projects out of the proceeds of such special assessments. The cost of any project to be paid, in whole or in part, by special assessments may include the direct cost thereof, the cost of any land acquired for the project, the interest on bonds, notes or other evidences of indebtedness issued in anticipation of the collection of special assessments, a reasonable charge for the services of the administrative staff of the town and any other item of cost which may reasonably be attributed to the project.

~ C9-2. Procedures.

The procedure for special assessments, wherever authorized in this Charter, shall be as follows:

A. The cost of the project being charged for shall be assessed according to the front-foot rule of apportionment or some other equitable basis determined by the Council.

B. The amount assessed against any property for any project or improvement shall not exceed the value of the benefits accruing to the property therefrom, nor shall any special assessment be levied which shall cause the total amount of special assessments levied by the town and outstanding against any property at any time, exclusive of delinquent installments, to exceed fifty percent (50%) of the assessed value of the property after giving effect to the benefit accruing thereto from the project or improvement for which assessed.

C. When desirable, the affected property may be divided into different classes to be charged different rates, but, except for this, any rate shall be uniform.

D. All special assessment charges shall be levied by the Council by ordinance. Before levying any special assessment charges, the Council shall hold a public hearing. Notice shall be given, stating the nature and extent of the proposed project, the kind of materials to be used, the estimated cost of the project, the portion of the cost to be assessed, the number of installments in which the assessment may be paid, the method to be used in apportioning the cost and the limits of the proposed area of assessment. The notice shall also state the time and place at which all persons interested or their agents or attorneys may appear before the Council and be heard concerning the proposed project and special assessment. Such notice shall be given by sending a copy thereof by mail to the owner of record of each parcel of property proposed to be assessed and to the person in whose name the property is assessed for taxation and by publication of a copy of the notice at least once in a newspaper of general circulation in the town. A certificate of publication and mailing of the copies of the notice shall be presented at the hearing, which certificate shall be deemed proof of notice. Failure of any owner to receive the mailed copy shall not invalidate the proceedings. The date of the hearing shall be set at least ten (10) and not more than thirty (30) days after the completion of publication and service of notice as provided in this section. Following the hearing, the Council, in its discretion, may vote to proceed with the project and may levy the special assessment.

E. Any interested person feeling aggrieved by the levying of any special assessment under the provisions of this section shall have the right to appeal to the Circuit Court for the county within ten (10) days after the levying of any assessment by the Council.

F. Special assessments may be made payable in annual or more frequent installments over such period of time, not to exceed thirty (30) years, and in such a manner as the Council may determine. The Council shall determine on what date installments shall be due and payable. Interest may be charged on installments at the rate to be determined by the Council.

G. All special assessment installments shall be overdue six (6) months after the date on which they become due and payable. All special assessments shall be liens on the property, and overdue special assessments, including interest, shall be collected in the same manner as town taxes or by suit at law.

ARTICLE X

Town Property

~ C10-1. Acquisition, possession and disposal.

The town may acquire real, personal or mixed property for any public purpose by purchase, gift, bequest, devise, lease, condemnation or otherwise and may sell, lease or dispose of any property belonging to the town. All municipal property, funds and franchises of every kind belonging to or in the possession of the town, by whatever prior name known, at the time this Charter becomes effective are vested in the town, subject to the terms and conditions thereof.

~ C10-2. Condemnation proceedings.

A. The town shall have the power to condemn property of any kind or interest therein or franchise connected therewith, in fee or as an easement, within the corporate limits of the town, for any public purpose. Any activity, project or improvement authorized by the provisions of this Charter or any other state law applicable to the town shall be deemed to be a public purpose. The manner of procedure in the case of any condemnation proceeding shall be that established in Title 12 of the Real Property Article of the Annotated Code of Maryland.

B. The town shall also have the power to condemn property for the purpose of urban renewal and redevelopment projects within the corporate limits of the town. The manner and procedure in the case of any condemnation proceeding shall be that established in the Chestertown Redevelopment Urban Renewal Act. Editor's Note: The Chestertown Redevelopment Urban Renewal Act is on file and open to public inspection in the office of the Town Manager.

~ C10-3. Acquisition, operation and maintenance
of buildings and structures
.

The town shall have the power to acquire, to obtain by lease or rent, to purchase, construct, operate and maintain all buildings and structures it deems necessary for the operation of the town government.

~ C10-4. Protection.

The town shall have the power to do whatever may be necessary to protect town property and to keep all town property in good condition.

ARTICLE XI

General Provisions

~ C11-1. Bonding of certain officers and employees;
payment of premiums.

Such officers or employees of the town as the Council or this Charter may require shall give bond in such amount and with such surety as may be required by the Council. The premiums on such bonds shall be paid by the town.

~ C11-2. Proper legal defense provided officers and employees under certain circumstances; costs.

The town may provide for the proper legal defense of its officials and employees when they are parties to suits arising from the lawful performance of their official duties. The Town Attorney may be used in this defense, or the Town Council may provide special legal counsel when it would not be appropriate or convenient for the Town Attorney to conduct the defense. The Town Council may appropriate funds to defray the costs of any such special legal defense, including the costs of insurance policies or other programs offering such protection.

~ C11-3. Effect of Charter upon prior rights and obligations.

All rights, title and interest held by the town of any other person or corporation, at the time this Charter is adopted, in and to any lien acquired under any prior charter of the town, are hereby preserved for the holder in all respects as if this Charter had not been adopted, together with all rights and remedies in relation thereto. This Charter shall not discharge, impair or release any contract, obligation, duty, liability or penalty whatsoever existing at the time this Charter becomes effective. All suits and actions, both civil and criminal, pending or which may hereafter be instituted for causes of action now existing or offenses already committed against any law or ordinance repealed by this Charter shall be instituted, proceeded with and prosecuted to final determination and judgment as if this Charter had not become effective.

~ C11-4. Violations and penalties generally.

A. Misdemeanors. Every act or omission which, by ordinance, is made a misdemeanor under the authority of this Charter, unless otherwise provided, shall be punishable, upon conviction before the District or Circuit Court for the county within which the offense is committed, by a fine not exceeding five hundred dollars ($500.) or by imprisonment for ninety (90) days in the county jail, or both, in the discretion of the court. The party aggrieved shall have the right to appeal as is now provided under the general laws of the state. Where the act or omission is of a continuing nature and is persisted in, each day shall constitute a separate offense.

B. Municipal infractions.

(1) Determination of municipal infraction; fine amounts. The Council shall, by official act, declare the violation of which ordinance or ordinances to be an infraction or infractions, and for each such violation, a specific fine shall be set. This fine shall never exceed one hundred dollars ($100.) for any single, initial violation or two hundred dollars ($200.) for each repeat or continuing violation. The fine shall be expressed as a discrete amount rather than being expressed in terms of a maximum or minimum amount. The authority to declare infractions and set fines shall not be delegated by the Council to any other administrative or legislative body.

(2) Issuance of citation; contents. Those code enforcement officials authorized by the Council to enforce this code may deliver a citation to any person alleged to be committing an infraction. A copy of the citation shall be retained by the town and shall bear the certification of the enforcing official attesting to the truth of the matter set forth in the citation. The citation shall contain, at a minimum the following information:

(a) The name and address of the person charged.

(b) The nature of the infraction.

(c) The location and time that the infraction occurred or was observed.

(d) The amount of the infraction fine assessed.

(e) The manner, location and time in which the fine may be paid to the town.

(f) The right of the accused to stand trial for the infraction.

(3) Payment of fine. The fine for an infraction shall be as specified in the law violated. The fine is payable by the recipient of the citation to the town within twenty (20) calendar days of receipt of the citation.

(4) Formal hearing unnecessary. The town shall not conduct any formal hearing for those persons in receipt of a citation of infraction. Any offender so cited may pay the fine as indicated in the citation or elect to stand trial for the offense. This provision shall not prevent an offender from requesting, either personally or through an attorney, additional information concerning the infraction.

(5) Election to stand trial; procedure. A person receiving the citation for an infraction may elect to stand trial for the offense by notifying the town, in writing, of his intention of standing trial. The notice shall be given at least five (5) days prior to the date of payment as set forth in the citation. Upon receipt of the notice of the intention to stand trial, the town shall forward to the District Court having venue a copy of the notice from the person who received the citation indicating his intention to stand trial. Upon receipt of the citation, the District Court shall schedule the case for trial and notify the defendant of the trial date. All fines, penalties or forfeitures collected by the District Court for violation of infractions shall be remitted to the general fund of the town.

(6) Nonpayment of fine. If a person receiving a citation for an infraction fails to pay the fine for the infraction by the date of payment set forth on the citation and fails to file a notice of his intention to stand trial for the offense, a formal notice of the infraction shall be sent to the offender's last known address. If the citation has not been satisfied within fifteen (15) days from the date of the notice, he shall be liable for an additional fine, not to exceed twice the original fine. If after thirty-six (36) days the citation has not been satisfied, the town may request adjudication of the case through the District Court. The District Court shall promptly schedule the case for trial and summon the defendant to appear.

(7) Conviction not considered criminal offense. Conviction of a municipal infraction, whether by the District Court or by payment of the fine to the town, is not a criminal conviction for any purpose, nor does it impose any of the civil disabilities ordinarily imposed by a criminal conviction.

(8) Court proceedings and rights of accused. In any proceeding for a municipal infraction, the accused shall have same rights as for the trial of criminal cases. He shall have the right to cross-examine witnesses against him, to testify or introduce evidence in his own behalf and to be represented by an attorney of his own selection and at his own expense.

~ C11-5. Penalty provisions applicable to Charter violations.

Whenever in this Charter any act is made or declared to be unlawful, an offense or a misdemeanor or whenever in such Charter the doing of any act is required under penalty or the failure to do an act is required under penalty or the failure to do an act is declared to be unlawful, the violation of any such provision shall be punished by a fine not exceeding one hundred dollars ($100.) or by imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment, in the discretion of the court.

~ C11-6. Effect of Charter upon existing legislation.

A. All ordinances, resolutions, rules and regulations in effect in the town at the time this Charter becomes effective which are not in conflict with the provisions of this Charter shall remain in effect until changed or repealed according to the provisions of this Charter.


B. All ordinances, resolutions, rules and regulations in effect in the town at the time this Charter becomes effective which are in conflict with the provisions of this Charter are repealed, and the same hereby are repealed to the extent of such conflict.

~ C11-7. Severability.

If any section or part of a section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such section or part of a section so held invalid shall appear, except to the extent that an entire section or part of a section may be inseparably connected in meaning and effect with the section
or part of a section to which such holding shall directly apply. Editor's Note: Original Section 89, which immediately followed this section and provided that wherever the word "town" appeared in the Charter, it should be construed to mean "city," was deleted as being nonapplicable.

TOP
© 1996-2000 Chesapeake Bay Internet Associates: All Rights Reserved.