Municipal Code Title I: General Provisions

Town of Emmitsburg
300A S. Seton Ave Emmitsburg, Maryland
21727
240-629-6300

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Title I: General Provisions

1.01 Code Adoption
     1.01.010 Adoption.
     1.01.020 Title—Citation—Reference.
     1.01.030 References apply to all amendments.
     1.01.040 Title, chapter, and section headings.
     1.01.050 Reference to specific ordinances.
     1.01.060 Ordinances passed prior to adoption of the code.
     1.01.070 Effect of code on past actions and obligations.
     1.01.080 Constitutionality.
1.04 General Provisions
     1.04.010 Definitions.
     1.04.020 Interpretation of language.
     1.04.030 Grammatical interpretation.
     1.04.040 Acts by agents.
     1.04.050 Prohibited acts include causing and permitting.
     1.04.060 Computation of time.
     1.04.070 Construction.
     1.04.080 Repeal shall not revive any ordinances.
1.08 General Penalty
1.12 Infractions
     1.12.010 Municipal infractions.
     1.12.020 Citations—Issuance.
     1.12.030 Citations—Contents.
     1.12.040 Payment of fine due when.
     1.12.050 Election to stand trial— Procedure.
     1.12.060 Failure to pay fine— to file notice of intention to stand trial.
     1.12.070 Violations—Penalties.
     1.12.080 Severability.
1.16 Right of Entry

Chapter 1.01 CODE ADOPTION

1.01.010 Adoption.

There is adopted the "Emmitsburg Municipal Code," as compiled, edited and published by Book Publishing Company, Seattle, Washington. (Ord. 96-03 § 1)

1.01.020 Title Citation Reference.

This code shall be known as the "Emmitsburg Municipal Code" and it shall be sufficient to refer to said code as the "Emmitsburg Municipal Code" in any prosecution for the violation of any provisions thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the "Emmitsburg Municipal Code." References may be made to the titles, chapters, sections and subsections of the "Emmitsburg Municipal Code" and such references shall apply to those titles, chapters, sections or subsections as they appear in the code. (Ord. 96-03 § 2)

1.01.030 References apply to all amendments.

Whenever a reference is made to this code as the "Emmitsburg Municipal Code" or to any portion thereof, or to any ordinance of the town of Emmitsburg, Maryland, codified herein, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (Ord. 96-03 § 3)

1.01.040 Title, chapter, and section headings.

Title, chapter, and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. (Ord. 96-03 § 4)

1.01.050 Reference to specific ordinances.

The provisions of this code shall not in any manner affect matters or records which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 96-03 § 5)

1.01.060 Ordinances passed prior to adoption of the code.

The last ordinance included in this code was Ordinance 95-22, passed December 4, 1996. The following ordinances, passed subsequent to Ordinance 95-22, but prior to adoption of this code, are hereby adopted and made a part of this code: Ordinance 96-01 and Ordinance 96-02. (Ord. 96-03 § 6)

1.01.070 Effect of code on past actions and obligations.

The adoption of this code does not affect prosecutions for ordinance violations committed prior to the effective date of this code, does not waive any fee or penalty due and unpaid on the effective date of this code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinances. (Ord. 96-03 § 7)

1.01.080 Constitutionality.

If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. (Ord. 96-03 § 8)

Chapter 1.04 GENERAL PROVISIONS

1.04.010 Definitions.

In the construction of this code and of all ordinances for the town, the following words and phrases shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

"County" means the county of Frederick, located in Maryland.
"Law" denotes applicable federal law, the Constitution and statutes of the state of Maryland, the ordinances of the town, and when appropriate, any and all rules and regulations which may be promulgated thereunder.
"May" is permissive.
"Month" means a calendar month.
"Must" and "shall" are each mandatory.
"Oath" includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
"Owner," applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant by entirety, of the whole or a part of such building or land.
"Person" includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
"Personal property" includes money, goods, chattels, things in action and evidences of debt.
"Preceding" and "following" means next before and next after, respectively.
"Property" includes real and personal property.
"Sidewalk" means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
"State" means the state of Maryland.
"Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in the town which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.
"Tenant" and "occupant" applied to a building or land, includes any person who occupies the whole or part of such building or land, whether alone or with others.
"Town" means the town of Emmitsburg, or the area within the territorial limits of the town, and such territory outside the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.
"Written" includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form.
"Year" means a calendar year. (Ord. 95-12 § 1 (part): prior code Art. I, § 1)

1.04.020 Interpretation of language.

All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning. (Ord. 95-12 § 1 (part): prior code Art. I, § 2)

1.04.030 Grammatical interpretation.

The following grammatical rules shall apply in the ordinances of the town unless it is apparent from the context that a different construction is intended:

Gender. Each gender includes the masculine, feminine and neuter genders.
Singular and Plural. The singular number includes the plural and the plural includes the singular.
Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. (Ord. 95-12 § 1 (part): prior code Art. I, § 3)

1.04.040 Acts by agents.

When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent. (Ord. 95-12 § 1 (part): prior code Art. I, § 4)

1.04.050 Prohibited acts include causing and permitting.

Whenever in the ordinances of the town any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. (Ord. 95-12 § 1 (part): prior code Art. I, § 5)

1.04.060 Computation of time.

Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded. (Ord. 95-12 § 1 (part): prior code Art. I, § 6)

1.04.070 Construction.

The provisions of the ordinances of the town, and all proceedings under them are to be construed with a view to effect their objects and to promote justice. (Ord. 95-12 § 1 (part): prior code Art. I, § 7)

1.04.080 Repeal shall not revive any ordinances.

The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. (Ord. 95-12 § 1 (part): prior code Art. I, § 8)

Chapter 1.08: GENERAL PENALTY

1.08.010 General Penalty— Continuing violations.

Whenever in this Code or in any ordinance or resolution of the town any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in the Code or in any ordinance the doing of any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment in the discretion of the court. Each day any violation of any provision of this Code or of any ordinance shall continue such violation shall constitute a separate offense. (Ord. 95-12 § 1 (part): prior code Art. I, § 9)

Chapter 1.12: INFRACTIONS

1.12.010 Municipal infractions.

Violation of any municipal ordinance or section of the Town Charter which specifically so provides, shall be a municipal infraction as provided in Maryland Code, Article 23A, Section 3, as amended from time to time. (Ord. 84-4B § 1)

1.12.020 Citations—Issuance.

Members of the police force may, upon observing the commission of a municipal infraction by an individual or individuals, deliver to such individual or individuals a citation noting the violation. The issuing officer shall file copies of any such citation at the headquarter of the police department and in the office of the town clerk. (Ord. 84-4B § 2)

1.12.030 Citations—Contents.

Citations issued under this chapter shall contain the following information:

Name and address of the person charged;
The nature of the infraction;
The location and time that the infraction occurred;
The amount of the infraction fine assessed;
The manner, location and time in which the fine may be paid to the municipality;
The individual's right to elect to stand trial for the infraction. (Ord. 84-4B § 3)

1.12.040 Payment of fine due when.

Any person who receives a citation for an infraction shall pay the fine noted on the citation within twenty (20) calendar days of receipt of the citation. Payments shall be made at the office of the town clerk. (Ord. 84-4B § 4)

1.12.050 Election to stand trial— Procedure.

Any person who receives a citation for an infraction may elect to stand trial for the offense by giving notice to the town clerk at least five days prior to the date when payment shall be required under the citation. Upon receipt of such notice the town clerk shall forward to the District Court of Maryland for Frederick County a copy of the citation and the notice of the intention of the recipient of the citation to stand trial. (Ord. 84-4B § 5)

1.12.060 Failure to pay fine—Failure to file notice of intention to stand trial.

Upon the failure of an individual to pay the fine noted on the citation when required and fails to file notice of his intention to stand trial for the offense, the town clerk shall send a formal notice of the infraction to the individual's last known address. If the fine noted on the citation has not been satisfied within fifteen (15) days from the date of the notice from the town clerk, the recipient shall be liable for an additional fine which shall be equal to the amount of the original fine and shall be added thereto. If the recipient of the citation has not made payment of the fine noted thereon within fifteen (15) days from the date of the notice from the town clerk, the town may request adjudication of the case in the District Court of Maryland for Frederick County, which shall thereupon schedule the case for trial and summons the recipient of the citation to appear. The recipient's failure to respond to such summons shall be contempt of court. (Ord. 84-4B § 6)

1.12.070 Violations—Penalties.

In the event of a continuing violation of a municipal ordinance, a separate citation may be issued for every day in which the violation continues.
The penalty for commission of a municipal infraction shall be twenty-five dollars ($25.00), unless a fine has been provided for in the ordinance which has been violated, and in the event that the fine in an existing ordinance is expressed in terms of a minimum and a maximum fine, the maximum fine shall apply; provided, that in no event shall the fine actually imposed exceed one hundred dollars ($100.00). The provisions of this chapter shall not apply to violations of existing ordinances in which the violation is described as a misdemeanor or felony. (Ord. 84-4B §§ 7, 8)

1.12.080 Severability.

The provisions of the ordinance codified in this chapter are severable, and if any provision or section shall be held to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect the remaining sections or provisions of this chapter. (Ord. 84-4B § 9)

Chapter 1.16: RIGHT OF ENTRY

1.16.010 Right of entry for inspection.

Whenever any officer or employee of the town is authorized to enter any building or premises for the purpose of making an inspection to enforce any ordinance, he or she may enter such building or premises at all reasonable times to inspect the same; provided, that he or she shall effect entry in the manner provided in subsection (B) of this section, except in emergency situations, or when consent of the person having charge or control of such building or premises has been otherwise obtained.
If the building or premises to be inspected is occupied, the authorized officer or employee shall first present proper credentials and demand entry; and if such building or premises is unoccupied, he or she shall make a reasonable effort to locate the owner or other person having charge or control of the building or premises and demand entry. If consent to such entry is not given, the authorized officer or employee shall have recourse to every remedy provided by law to secure entry.
The ordinance codified in this section shall be controlling over any other ordinance or part of an ordinance on the same subject, whether heretofore or hereafter adopted, unless such ordinance or part of an ordinance provides differently by an express reference to the ordinance codified in this section. Notwithstanding any other ordinance of this town, whether heretofore or hereafter adopted, it shall not be a violation of this chapter to refuse or fail to consent to an entry for inspection. (Ord. 95-19 § 1: prior code Art. VIII, § 24)

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