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Document Citation: Md. Ann. Code art. 23A, § 2
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Header:
Annotated Code of Maryland
ARTICLE 23A. CORPORATIONS – MUNICIPAL IN GENERAL
Date:
08/31/2009
Document:
§ 2. Enumeration of express powers
(a) General authority. -- The legislative body of every incorporated municipality in this State, except Baltimore City, by whatever name known, shall have general power to pass such ordinances not contrary to the Constitution of Maryland, public general law, or, except as provided in § 2B of this article, public local law as they may deem necessary in order to assure the good government of the municipality, to protect and preserve the municipality's rights, property, and privileges, to preserve peace and good order, to secure persons and property from danger and destruction, and to protect the health, comfort and convenience of the citizens of the municipality; but nothing in this article shall be construed to authorize the legislative body of any incorporated municipality to pass any ordinance which is inconsistent or in conflict with any ordinance, rule or regulation passed, ordained or adopted by the Maryland-National Capital Park and Planning Commission and the Washington Suburban Sanitary Commission, and nothing in this article shall be taken or construed to affect, change, modify, limit or restrict in any manner any of the corporate powers of the Mayor and City Council of Baltimore which it now has or which hereafter may be granted to it.
(b) Express powers. -- In addition to, but not in substitution of, the powers which have been, or may hereafter be, granted to it, such legislative body also shall have the following express ordinance-making powers:
(1) To provide for municipal advertising, for the printing and publication of statements of the receipts and expenditures of the municipality, and the publication and codification of all laws, ordinances, resolutions, or regulations adopted by or affecting the municipality.
(2) To expend municipal funds for any purpose 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 levy, 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 all members elected to said legislative body.
(3) To provide for the appointment of an auditor or accountant to audit the books and accounts of all municipal officers collecting, handling, or disbursing funds belonging to the municipality.
(4) To establish, maintain and support a municipal band or musical organization.
(5) To make reasonable regulations concerning buildings and signs to be erected within the limits of the municipality, including a building code and the requirement for building permits.
(6) To regulate the interment of bodies and to control the location and establishment of cemeteries.
(7) To provide, maintain and operate such community and social services for the preservation and promotion of the health, recreation, welfare and enlightenment of the inhabitants of the municipality as the legislative body may determine.
(8) 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.
(9) To prohibit the youth from being on the streets and public places at unreasonable hours of the night.
(10) To control the use and handling of dangerous and explosive materials, and to prevent the firing of any firearms or other explosive instrument.
(11) To have the general management and control of the finances of the municipality, 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.
(12) To establish and maintain a fire department; and to provide for the removal of fire hazards.
(13) To grant franchises as provided under existing public general or public local laws; to grant one or more exclusive or nonexclusive 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.
(14) To regulate or prevent the throwing or depositing of any dirt, garbage, trash, or liquids in any public place and to provide for the proper disposal of such material.
(15) To appoint a board of health, and to define and regulate its powers and duties; to establish quarantine regulations, and to authorize the removal or confinement of persons having infectious or contagious diseases; to prevent and remove nuisances; to prevent the introduction of contagious diseases into the municipality; to regulate the places of manufacturing soap, fertilizer, and other noxious things; to regulate slaughterhouses, packing houses, and all places where offensive trades may be carried on; to regulate 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 Secretary of Health and Mental Hygiene or any county board of health or any public general or public local law relating to the subject of health.
(16) To authorize and require the inspection of gas pipes, water pipes, plumbing apparatus, electric lines and wires, and drainage and sewage systems on private property, and to compel repairs thereon.
(17) To provide that any valid charges, taxes or assessments made against any real property within the municipality shall be liens upon such property to be collected in the same manner as municipal taxes are collected.
(18) To establish and to regulate markets, and to license the sale of marketable commodities therein.
(19) 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, and to request and avail themselves of the facilities of the Department of Budget and Management, as provided in § 4-303 of the State Personnel and Pensions Article, for the administration of such merit system without unnecessary expense.
(20) To establish and maintain such parks, gardens, playgrounds, and recreational facilities as in the discretion of the legislative body are deemed to be for the health and welfare of the municipality and its inhabitants.
(21) To provide a retirement or pension system or a group insurance plan for its officers or employees or for including 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.
(22) To establish and maintain an adequate police force.
(23) To punish and suppress vagrancy, vice, gambling, and the owning or keeping of houses of ill fame within the limits of the town.
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 this distance as does not conflict with the powers of another municipal corporation.
(23A) The municipal corporation may provide for the creation, appointment, duties, and powers of a board of port wardens to exercise jurisdiction within the limits of the municipal corporation.
(i) A board of port wardens may regulate the placement, erection, or construction of structures or other barriers within or on the waters of the municipality, including but not limited to the issuing of licenses to create or build wharves or piers and the issuing of permits for mooring piles, floating wharves, buoys, or anchors, taking into account the present and proposed uses, and the effect of present and proposed uses on marine life, wildlife, conservation, water pollution, erosion, navigational hazards, the effect of the proposed use on congestion within the waters, the effect on other riparian property owners, and the present and projected needs for any proposed commercial or industrial use. The port wardens shall have the power to regulate the materials and construction for the aforesaid improvements and to make certain that any improvements in the waters within the municipality do not render the navigation too close and confined. This provision in no way intends to affect or conflict with any zoning power of a municipality.
(ii) No person may build any wharf or pier, or carry out any earth or other material for the purpose of building a wharf or pier, nor shall any persons place or erect mooring piles, floating wharves, buoys, or anchors without a license or permit from the port wardens. If any person violates the provisions of this section, or if any person builds any wharf or pier a greater distance into the waters of the port, or in a different form, or of different materials than determined and allowed by the wardens, he is subject to a fine as imposed by the legislative body of the municipal corporation.
(iii) In all differences that arise between any aggrieved party and the port wardens of that municipal corporation concerning the discharge of the duties of the port wardens, an appeal may be taken to the legislative body of the municipal corporation or, if authorized by the municipal corporation by ordinance, to the circuit court for the appropriate county.
(24) To acquire by conveyance, purchase or condemnation real or leasehold property needed for any public purpose; to erect buildings thereon for the benefit of the municipality; and to sell at public or private sale after twenty days' public notice and to convey to the purchaser or purchasers thereof any real or leasehold property belonging to the municipality when such legislative body determines that the same is no longer needed for any public use.
To take by gift, grant, 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 municipality; to provide for the proper administration of the same; and to convey the same when such legislative body determines that it is no longer needed for public purposes, subject to the terms and conditions of the original grant.
(24A) To provide for the purchase of materials, supplies, and equipment through the Purchasing Bureau of the State Department of General Services whenever desirable.
(25) To remove or temporarily suspend from office any person who has been appointed to any municipal office and who after due notice and hearing is adjudged to have been guilty of inefficiency, malfeasance, misfeasance, nonfeasance, misconduct in office, or insubordination; and to fill the vacancy caused by such removal or suspension.
(26) To fix the salary or compensation of all municipal officers and employees.
(27) To make, have and use, and from time to time, alter, a common seal.
(28) To require the owners of premises to keep the sidewalks thereon clean and free from snow, ice, or other obstructions.
(29) To provide for special elections for municipal purposes, at such times and places as may be determined, and subject to the provisions of the charter of said municipality.
(30) To provide reasonable zoning regulations subject to the referendum of the voters at regular or special elections.
(31) To make use of federal or State financial assistance for commercial or industrial redevelopment projects, for the purpose of making grants, loans, or guaranteeing loans to private entities; provided, that the authority granted by this subsection may be used only for commercial or industrial redevelopment projects and may not be used for residential or housing projects.
(32) To exercise the licensing authority granted in the Business Regulation Article and other provisions of law.
(33) Subject to the limitations imposed under Article 24 of the Code, the Tax - General Article, and the Tax - Property Article, to 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.
(34) To offer and pay rewards for information relating to criminal activity committed within the municipality.
(35) (i) In accordance with the provisions of this paragraph, to establish a commercial district management authority for any commercial district within its geographical limits. As to each authority it establishes, the legislative body shall:
1. Specify the membership, organization, jurisdiction, and geographical limits of the authority;
2. Specify one or more of the following as the purposes of the authority:
A. Promotion;
B. Marketing; and
C. The provision of security, maintenance, or amenities within the district; and
3. Provide such financing as it deems appropriate for the authority through fees which may be charged to, or taxes which may be levied against, businesses subject to the authority's jurisdiction.
(ii) An authority established pursuant to this paragraph may not:
1. Exercise the power of eminent domain;
2. Purchase, sell, construct, or, as a landlord, lease office or retail space; or
3. Except as otherwise authorized by law, otherwise engage in competition with the private sector.
(iii) Any fees or taxes imposed under this paragraph shall be used only for the purposes stated in this paragraph and may not revert to the general fund of the municipal corporation.
(36) (i) It has been and shall continue to be the policy of this State that the orderly development and use of land and structures requires comprehensive regulation through implementation of planning and zoning controls.
(ii) It has been and shall continue to be the policy of this State that planning and zoning controls shall be implemented by local government.
(iii) To achieve the public purposes of this regulatory scheme, the General Assembly recognizes that local government action will displace or limit economic competition by owners and users of property.
(iv) It is the policy of the General Assembly and of this State that competition and enterprise shall be so displaced or limited for the attainment of the purposes of the State policy for implementing planning and zoning controls as set forth in this article and elsewhere in the public local and public general law.
(v) The powers granted to the municipality pursuant to this subsection shall not be construed:
1. To grant to the municipality powers in any substantive area not otherwise granted to the municipality by other public general or public local law;
2. To restrict the municipality from exercising any power granted to the municipality by other public general or public local law or otherwise;
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 preempt or supersede the regulatory authority of any State department or agency under any public general law.
(37) (i) In addition to the authority provided elsewhere in this subsection, and provided the municipal corporation has urban renewal authority granted under Article III, Section 61 of the Maryland Constitution:
1. Subject to the provisions of subparagraph (iv) of this paragraph, to acquire, within the boundary lines of the municipal corporation, land and property of every kind, and any right, interest, franchise, easement or privilege therein, by purchase, lease, gift, condemnation or any other legal means, for development or redevelopment, including, but not limited to, the comprehensive renovation or rehabilitation thereof; and
2. To sell, lease, convey, transfer or otherwise dispose of any of said land or property, regardless of whether or not it has been developed, redeveloped, altered or improved and irrespective of the manner or means in or by which it may have been acquired, to any private, public or quasi-public corporation, partnership, association, person or other legal entity.
(ii) No land or property taken by a municipal corporation for any of the aforementioned purposes or in connection with the exercise of any of the powers which may be granted to a municipal corporation pursuant to this paragraph by exercising the power of eminent domain, shall be taken without just compensation, as agreed upon between the parties, or awarded by a jury, being first paid or tendered to the party entitled to such compensation.
(iii) All land or property needed, or taken by the exercise of the power of eminent domain, by any municipal corporation for any of the aforementioned purposes or in connection with the exercise of any of the powers which may be granted to a municipal corporation pursuant to this paragraph is hereby declared to be needed or taken for a public use or a public benefit.
(iv) Before the acquisition of any single family or multiple family dwelling unit, or other structure, is made under this paragraph, a finding or determination shall be made that:
1. The dwelling unit or structure has deteriorated to such extent as to constitute a serious and growing menace to the public health, safety, and welfare;
2. The dwelling unit or structure is likely to continue to deteriorate unless corrected;
3. The continued deterioration of the dwelling unit or structure will contribute to the blighting or deterioration of the area immediately surrounding the dwelling unit or structure; and
4. The owner of the dwelling unit or structure has failed to correct the deterioration thereof.
(v) The legislative body of a municipal corporation shall adopt an ordinance for each acquisition of land or property made under the provisions of this paragraph.
(38) To enter into agreements with one or more other municipalities for purposes that include:
(i) The joint administration of the municipalities;
(ii) The cooperative procurement of goods and services, including construction services;
(iii) The provision of municipal services; and
(iv) The joint funding and management of projects that are centrally located to the municipalities.
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