Section 1: Powers of the Town Generally.

The Town of Emmitsburg shall have charge of all the public ways in the town except such as may be under the jurisdiction of the Maryland State Roads Commission. Subject to the laws of the State of Maryland, the Town of Emmitsburg may do whatever it deems necessary to establish, change from time to time, operate, and maintain in good condition the public ways of the town.

ARTICLE VII: WATER, SEWERS AND MISCELLANEOUS PUBLIC WORKS

Section 1: Powers of the Town Generally.

The Town of Emmitsburg shall have the power to construct, operate, maintain, reconstruct, enlarge, alter, repair, improve, or dispose of water systems or waterworks, sewerage systems and treatment plants, storm water sewers, refuse and/or garbage collection and disposal systems, airports, public markets, electric light plants, and electrical distribution systems, fire plugs and other public works and to have surveys, plans, specifications and estimates made for the same and to do such things and make such rules and regulations regarding them as it deems necessary; and to assess the costs, in whole or in part, on the abutting or benefited property in any equitable manner as provided by the Commissioners.

ARTICLE VIII: MISCELLANEOUS PROVISIONS

Section 1: Prior Rights and Obligations not Affected by the Charter.

All rights, title and interest held by the Town of Emmitsburg or any other person or corporation at the time this Charter is adopted, in or to any lien acquired under any prior Charter of the town, is 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 whatever existing at the time this Charter becomes effective. All suits and actions, both civil and criminal, pending or which may hereafter be instituted for cause of actions now existing or offenses already committed against any law or ordinance repealed by this Charter shall be instituted, proceeded with and prosecuted to final determination and judgment as if this Charter had not become effective.

Section 2: Effect of the Charter on Existing Laws.

All laws in effect at the time this Charter is adopted relating to or applicable to the Town of Emmitsburg which are not inconsistent with this Charter shall remain in effect until changed or repealed by the General Assembly of Maryland.

Section 3: Effect of the Charter on Existing Ordinances, Resolutions, Etc.

All ordinances, resolutions, rules and regulations in effect in the Town of Emmitsburg at the time this Charter is adopted and which are not in conflict with the provisions of this Charter, shall remain in effect until amended, altered, or repealed according to the provisions of this Charter.

Section 4: General Penalty.

To ensure the observe of the Charter and the ordinances of the Town, the Council shall have the power to provide that violation thereof shall be a misdemeanor, unless otherwise specified as an infraction, and shall have the power to affix thereto penalties of a fine not exceeding $500. 00 or imprisonment for not exceeding 90 days, or both such fine and imprisonment. Any persons subject to any fine, forfeiture, or penalty by virtue of any ordinance passed under the authority of this Charter shall have the right of appeal within 10 days to the circuit court of the county in which the fine, forfeiture, or penalty was imposed. The Council may provide that, where the violation is of a continuing nature and is persisted in, a conviction for one violation shall not be a bar to a conviction for a continuation of the offense subsequent to the first or any succeeding conviction.

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

2. A fine not to exceed $100. 00 may be imposed for each conviction of a municipal infraction. The fine is payable by the offender to the town within 20 days of receipt of a citation. Repeat offenders may be assessed a fine not to exceed $200. 00 for each repeat offense, and each day a violation continues shall constitute a separate offense.
    

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

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

*Amended 12-4-95 See Resolution # 3-95

Section 5: Inconsistent Laws.

All acts and parts of acts, general or local, inconsistent with the provisions of this Charter, be and the same hereby are repealed to the extent of such inconsistency. Nothing contained herein shall affect or restrict any control which the State Board of Health is empowered by law to exercise in any part of this State.

Section 6: Charter Powers not Exclusive.

The enumeration of particular powers in this Charter shall not be held or deemed to be exclusive, and the town shall have such other powers as are incident to those specifically mentioned or as are a necessary consequence of the powers herein conferred. In addition to the powers enumerated in this Charter, the town shall have all powers, rights and privileges now or hereafter granted by the Constitution and laws of the State of Maryland.

Section 7: Separability.

If any section or part of 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 section shall held invalid shall appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply.