MUNICIPAL CHARTER CITY OF TAKOMA PARK
ARTICLE IV GENERAL POWERS OF THE COUNCIL
Section 401 General Powers
Section 401 General Powers
(a) 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 City; for the protection
and preservation of the City’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
and visitors in the City.
(b) The legislative powers of the Council
shall include but are not limited to the following:
1. Administrative
Agencies and Procedures. To establish any administrative agencies, boards
and commissions that may be deemed necessary to further the purposes of the
City, and to provide for administrative procedures, including rule making and
quasi-judicial decision-making by such agencies.
2. Advertising.
To provide for advertising, printing, and publishing materials relating to the
business of the City, including financial and legal notices required by law or
this Charter.
3. Animals. To regulate and control animals in the
City.
4. Appropriations. To expend municipal funds for any
public or community purposes deemed to be public and to affect the safety,
health and general welfare of the municipality and its occupants, provided that
funds not appropriated at the time of the annual budget shall not be expended,
nor shall any funds appropriated be expended for any purpose other than that for
which appropriated, except by a two-thirds vote of the entire
Council.
5. Band. To establish a municipal band, symphony
orchestra or other musical organization.
6. Bonds. To borrow
money for any proper public purpose and to evidence such borrowing, if the City
chooses, by the issue and sale of its general obligation bonds, industrial
revenue bonds, or any other bonds or agreements securing such debt, subject only
to the limitations of Federal law, the Constitution and laws of the State of
Maryland, and this Charter.
7. Buildings. To make reasonable
regulations in regard to buildings to be erected, constructed, or reconstructed
in the City, and the maintenance of buildings, structure, and property; to grant
building and other permits in addition to any permits required by Montgomery
County, the State of Maryland, and any other government or agency with
jurisdiction over such building, structure, or property; and to require
reasonable charges for permits and inspections; to authorize and require the
inspection of all buildings, structures, and property; and to authorize the
condemnation of such buildings and structures that, in whole or in part, are
dangerous or insecure, and to require that such buildings and structures be made
safe or be taken down.
8. Cable Communications Systems. To
provide for the regulation, installation, operation and removal of cable
television and other cable communications systems; and to operate a cable
television station and studio.
9. Codification of Ordinances. To
provide for the codification of all ordinances.
10. Collective
Bargaining. To provide for a system of collective bargaining for employees
of the City.
11. Commercial or Industrial Redevelopment Projects.
To make use of federal or state financial assistance or other public or private
funds for commercial or industrial redevelopment projects, for the purpose of
making grants or loans, or guaranteeing loans to private
entities.
12. Commercial District Management Authority. To
establish a commercial district management authority for any commercial district
within the City’s geographical limits, in accordance with the laws of the
State of Maryland.
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
City.
14. Corporate Name.To change the corporate name of the
municipality, provided that no such change shall affect any rights, duties or
obligations held by the municipality; and provided further that such ordinance
shall first be submitted to and approved by the qualified voters of the
municipality at a regular or special municipal
election.
15. Departments. To create, change, and abolish offices
or departments, other than the offices and departments established by this
Charter; to assign additional functions or duties to offices or departments
established by this Charter.
16. Detention Center. To establish
and regulate a station house or lockup for temporary confinement of violators of
the laws and ordinances of the City and other laws or to use the county or other
detention facilities for such purposes.
17. Emergency Services.
To provide for the recovery of costs of evacuation, rescue, emergency repairs
and other emergency services necessitated by the negligent or intentional
wrongful acts or omissions of any person or entity and to assess the expenses
thereof against any property within the municipal limits of the City and to
record such charges as a lien upon such property to be collected in the same
manner as municipal taxes.
18. Environment Protection. To provide
for the protection, promotion and preservation of the natural environment,
including, but not limited to, trees, plants, animals, rivers and streams,
watersheds and air.
19. Fees and Charges. Subject to the limitations
imposed by the Constitution and laws of the State of Maryland, establish and
collect reasonable fees and charges; (i) for the franchises, licenses, or
permits authorized by law to be granted by a municipal corporation; or (ii)
associated with the exercise of any governmental or proprietary function
authorized by law to be exercised by a municipal
corporation.
20. Finances. To levy, assess and collect taxes,
fees, assessments, and charges against property; to have general management and
control of the finances of the City and to designate by ordinance or resolution
the banks or trust companies of this State in which shall be deposited all funds
belonging to the municipality.
21. Franchises. To grant
franchises as provided under existing public general or public local laws; to
grant one or more exclusive or non exclusive franchises for a community antenna
system or other cable television system that utilizes any public right-of-way,
highway, street, road, lane, alley, or bridge, to impose franchise fees, and to
establish rates, rules, and regulations for franchises granted under this
section.
22. Grants-in-Aid. To accept gifts and grants of federal
or state funds from the Federal or State governments or any agency thereof or
any person or organization and to expend the funds for any lawful purpose in
accordance with the conditions under which the gifts or grants were
made.
23. Health. To protect and preserve the health of the City
and its inhabitants; to prevent and remove all nuisances; to inspect, regulate,
and abate all building structures, or places which cause or may cause unsanitary
conditions or conditions detrimental to health; but nothing herein shall be
construed to affect in any manner any of the powers and duties of the State
Secretary of Health and Mental Hygiene, the County Board of Health, or any
public general or local law relating to the subject of
health.
24. Intergovernmental 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.
25. Legislation. To sponsor,
promote and otherwise advance legislation at any level, including County, State
and Federal; and to expend funds and resources for the
same.
26. Library. To establish and maintain a
library.
27. Licenses. To exercise the business licensing
authority granted to municipalities by the Constitution and laws of the State of
Maryland, and to establish and collect fees and charges for all licenses and
permits issued under the authority of this Charter.
28. Liens. To
provide that any valid charges, taxes, or assessments made against any real or
personal property within the City shall be liens upon the property, to be
collected as municipal taxes are collected.
29. Lights. To
provide for the lighting of the City.
30. Markets. To own,
construct, purchase, lease, rent or otherwise to establish and maintain public
markets within the City.
31. Merit System. To establish a merit
system in connection with the appointment of all municipal officials and
employees not elected or appointed under the Constitution or public general or
public local laws of the State.
32. Municipal Infractions. To
provide that a violation of any ordinance shall be a municipal infraction or
misdemeanor. The City has the authority to prosecute municipal infractions to
the fullest extent of state law.
33. Noise. To regulate or
prohibit unreasonable emanations of sound or noise within the limits of the
City.
34. Nuisances. To prevent or abate by appropriate ordinance
all nuisances in the City which are so defined at common law, by this Charter,
or by the laws of the State of Maryland or the City, to compel the owners or
occupants of any premises or building within the limits of the City to abate any
nuisance and to repair and restore the property to its condition prior to the
activity constituting a nuisance; and after reasonable notice to the owner(s) or
occupants to authorize such abatement to be made and/or such work to be done by
the proper City employees or officials and to assess the expenses thereof
against the property; and to make such charges a lien upon such property, to be
collected in the same manner as municipal taxes or to make such charges
collectible against the occupants of said
property.
35. Obstructions. To prohibit and remove all nuisances
and obstructions from the streets, lanes, alleys, sidewalks or other public
ways, and from any lots adjoining thereto.
36. 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.
37. Parking Meters. To install
parking meters on the streets and public places of
the City and to establish
rates and provisions for the use thereof.
38. 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 City.
39. Pensions and Retirement
Systems. To provide a retirement or pension system or a group insurance plan
for its officers and employees in any retirement or pension system operated by
or in conjunction with the State, on such terms and conditions as state laws may
prescribe.
40. Police Force. To establish and maintain a police
force. All City police officers within the municipality shall have the powers
and authority to make arrests and to restrain and detain persons who are in
violation of the laws of the City or the State of
Maryland.
41. Property. To acquire by conveyance, purchase,
eminent domain, or gift, real or leasehold property for any public purposes, to
erect buildings and structures thereon for the benefit of the town and its
inhabitants; and to convey any real or leasehold property when no longer needed
for the public use, after having given at least twenty days public notice of the
proposed conveyance; to control, protect, and maintain public buildings,
grounds, and property of the City: and to take by gift, rent, bequest, or devise
and to hold real and personal property absolutely or in trust for parks or
gardens, or for the erection of statues, monuments, buildings, or structures, or
for any public use, upon such terms and conditions as may be prescribed by the
grantor or donor, and accepted by the City; to provide for the proper
administration of same; and to convey the same when the Council determines that
it is no longer needed for public purposes, subject to the terms and conditions
of the original grant.
42. Public Peace and Order. To prohibit,
suppress, and punish within the City all vice, gambling and games of chance;
prostitution and solicitation therefor and the keeping of bawdy houses and
houses of ill fame; all disorder, disturbances, annoyances, disorderly conduct,
obscenity, public profanity, and drunkenness; and to enforce all ordinances
relating to disorderly conduct and the suppression of nuisances equally within
the limits of the municipality and beyond those limits for one-half mile, or for
so much of the distance as does not conflict with the powers of another
municipal corporation; and to offer and pay rewards for information relating to
criminal activity committed within the municipality.
43. Refuse.
To regulate or prevent the throwing or depositing of any dirt, garbage, trash,
liquids or any unwholesome substance in any public or private place and to
provide for the proper disposal of solid wastes.
44. Rental Housing and
Landlord-Tenant Matters. To provide for the regulation of rental housing,
including, but not limited to, the regulation and control of rents, lease
agreements, physical condition and maintenance of properties, the licensing of
rental units and landlords, the conduct of regular and special inspections for
the enforcement of the City’s housing and related ordinances, and all
other necessary and appropriate enforcement
measures.
45. Salaries. To fix the salary or compensation of all
municipal officers and employees.
46. Seal. To make, have, and
use, and from time to time, alter, a common seal.
47. Sidewalks.
To regulate the use of sidewalks and all structures under or above them; to
require the owner or occupants of premises to keep the sidewalks in front of or
adjacent to such premises clean and free from snow, ice, debris, and other
obstructions.
48. Signs and Displays. To regulate, restrain and
prohibit the placing of signs, handbills and posters of every kind and
description on any building, fence, post, pole, or other public place within the
City and to regulate or prevent the use of public ways, sidewalks, and public
places for racks, handbills and advertisements, and the display of goods, wares,
and merchandise.
49. Voting System. To purchase, lease, borrow,
install, and maintain voting systems for use in City
elections.
50. Ward Redistricting. To provide for the
redistricting of the wards of the City; provided, however, that the number of
wards shall be as set forth in this charter, wards shall be as nearly equal in
population as is practical and apportioned consistently with the principle of
one person/one vote, wards shall be geographically contiguous, ward boundaries
shall to the extent practical recognize natural boundaries, and no ward shall be
gerrymandered to ensure the election or defeat of any incumbent candidate or
potential candidate.
(c) The powers granted to the Council pursuant to
this section of the Charter shall not be construed:
1. To limit or
restrict the Council from exercising any other power granted to the municipality
by other public general or public local law or otherwise;
2. To grant
powers to the Council in any substantive area not otherwise granted to the
municipality by other public general or public local law;
3. To
authorize the municipality or its officers to engage in any activity which is
beyond their power under other public general law, public local law, or
otherwise; or
4. To authorize the Council to pass any resolution or
ordinance which is inconsistent with or in conflict with any ordinance, rule or
regulation passed, ordained or adopted by the Maryland-National Capital Park and
Planning Commission or the Washington Suburban Sanitary Commission.
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