§ 12. Powers of the Board of Commissioners Enumerated.  


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  • a.

    General Powers. The Board of Commissioners shall have power to pass all ordinances, not contrary to the Constitution and laws of Maryland or this Charter, as it may deem necessary for the good government of the town; for protection and preservation of the town's property, rights, and privileges; for preservation of peace and good order; and for securing persons and property from violence, danger, or destruction; and for the protection of the health, education, safety, happiness, and welfare of the residents of Emmitsburg and visitors thereto and sojourners therein.

    b.

    Specific Powers. The Board of Commissioners shall have in addition to the above mentioned general powers, and any other powers which may be conferred in this Article, or otherwise by operation of law, power to pass ordinances not contrary to the laws and constitution of this State for the specific purposes mentioned as follows:

    1.

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

    2.

    To manage and control all property of the Corporation and to authorize the purchase or the sale of property in the name of the Corporation.

    3.

    To provide for the form and manner of making contracts.

    4.

    To lay taxes upon all real and personal property in such town, and regulate the collection and enforcement of the same.

    5.

    To borrow money as authorized by Article V.

    6.

    To provide for the adjustment of claims against the Corporation and the payment of the same.

    7.

    To preserve the peace and order of town, and punish the resistance, hindrance and obstruction of public officers in the discharge of their duties; and to prevent vice, suppress gambling, houses of ill fame, and disorderly houses.

    8.

    To protect the town from fire and unsafe buildings and to regulate the cleaning of chimneys.

    9.

    To regulate the manufacturing and keeping of explosives and inflammable materials or conveyance thereof through the streets of the town.

    10.

    To tax and regulate the use and construction of electrical plants and wires on which electricity is conducted within the town.

    11.

    To tax and regulate the use and construction of telegraph, telephone, cable television and any other lines used for similar purposes in the town.

    12.

    To protect public lamps or other public lights therein.

    13.

    To regulate and contribute to the support of the fire companies in the town.

    14.

    To provide for the laying out, grading, discontinuing, altering, paving, opening, improving, lighting, making and repairing streets, curbs, squares, walks, drains, sewers, gutters and to keep open and safe for public use and travel all streets, squares, alleys or any other parts thereof, and to require sidewalks to be kept free from ice, snow, or other obstructions.

    15.

    To regulate all shows, processions, assemblages, or parades in the streets or public places.

    16.

    To regulate the speed and travel in general of all animals, bicycles, and automobiles, and to designate over what streets and thoroughfares the same may be driven.

    17.

    To prohibit the running at large of animals in the streets or public places, and for the impounding of the same, and to prevent the cruelty to animals. To tax dogs and regulate the time and manner, when public safety requires it, of running at large.

    18.

    To license and regulate public conveyances or forms of transportation, such as, but not limited to, taxies or bus services and the charges for the use thereof.

    19.

    To regulate and prohibit the excavation and opening of streets, public walks, and public grounds for public or private purposes, whether temporary or permanent, and the regulation of any work or thing therein.

    20.

    To regulate and provide for sewage disposal and to levy and collect charges for the use of the Emmitsburg sewage system.

    21.

    To regulate laying and use of gas pipes, water pipes, electric light conduits, railroad tracks, and drains for public or private purposes in the streets of the town; and to levy and collect charges on the laying and use thereof.

    22.

    To provide for sprinkling of the streets or parts thereof and establishing of public foundations of any kind, or hydrants, and providing of the same with water.

    23.

    To regulate and provide for a water plant and the use thereof and all facilities used in connection therewith; and to regulate the use of water furnished by the town; and to levy and collect charges for the use of water and water facilities furnished by the town.

    24.

    To provide for the health of the town and prevention of the introduction of contagious diseases within the Town's corporate limits.

    25.

    To prevent and similarly abate nuisances of any kind, at the expense of persons maintaining them.

    26.

    To establish quarantine regulations and regulate the burial and disinterment of the dead.

    27.

    To provide for the licensing and regulating or restraining of theatricals, sports, exhibitions, public amusements and performances within the town's corporate limits.

    28.

    To license, tax, and regulate the peddling of merchandise on the streets, as well as branch stores and other concerns established for temporary purposes only.

    29.

    To establish, equip, regulate, and fund a police department; and to appoint town officers thereto in order to establish and maintain the peace and order of the town, and to insure the compliance with all town ordinances and actions passed or taken pursuant to this Charter.

    30.

    To provide for and regulate the registration of voters in the town for town elections, and the holding of town elections.

    31.

    To operate, maintain, supervise, plan and further regulate all public recreation and park services.

    32.

    To plan and zone the town with the general purpose of guiding and accomplishing a co-ordinated, adjusted, and harmonious development of the town. Among other things, this zoning and planning authority may be used to promote the health, safety, morals, order, convenience, prosperity, and general welfare of the town within its police limits; to provide good civic design and arrangement; to promote wise and efficient expenditure of public funds; to make adequate provisions for traffic; to prevent the over-crowding of land and prevent undue concentration of population; and to provide adequate light and air.

    33.

    To fill all vacancies in any town office not otherwise provided for.

    34.

    And to do any and all things necessary to make effectual the powers herein and by law in any way conferred upon the town.

    * Amended 12-4-95 See Resolution # 2-95