4912

MUNICIPAL CHARTERS

main or any appurtenances thereof without the receipt of
a permit or the payment of a charge; provided, that
whenever any State or County highway is to be disturbed
the public authority having control thereof shall be duly
notified; and provided further, that said highway shall
be repaired and left by "The Commissioners of Vienna" in
the same or a not inferior condition to that existing
before being torn up, and that all costs incident thereto
shall be borne by "The Commissioners of Vienna".

401. Penalty provisions.

Every act or omission designated as a misdemeanor in
this subheading, unless otherwise provided, shall be
punishable before any [Justice of the Peace, or the
Circuit] JUDGE OF THE DISTRICT Court for Dorchester
County, and shall be brought by warrant or indictment
upon the oath or information of any member of "The
Commissioners of Vienna" or any employee thereof, and the
offender shall, upon conviction, be subject to a fine not
exceeding one hundred dollars or thirty days in the
County Jail, or both, in the discretion of the Court.
Where such act or omission is of a continuing nature, and
is persisted in, in violation of the provisions of this
sub—heading, or any rule or regulation formulated
thereunder, a conviction for one offense shall not be a
bar to a conviction for a continuation of such offense
subsequent to the first or any succeeding conviction.

AND BE IT FURTHER RESOLVED, That this Resolution is
enacted by the Commissioners of Vienna under the subtitle
"Home Rule" in Article 23A of the Annotated Code of
Maryland (1973 Replacement Volume and 1973 Supplement) ,
as provided by Section 13 of Article 23A it shall become
effective on the 50th day after its enactment unless or
before the 40th day after enactment a petition for
referendum is presented.

The above Charter amendments were enacted by the
foregoing Resolution which was passed at a special
meeting of The Commissioners of Vienna, held March 13,
1974, 3 Commissioners voting in the affirmative and no
Commissioner voting in the negative, and said Resolution
became effective in accordance with law on the 2nd day of
May, 1974.

A RESOLUTION ENTITLED

AN ACT of the Commissioners of Vienna to repeal, and
re—enact with amendments, Sections 361, 362, 366,
368, 369, 370, 373, 379c, 382, 397 and 401; and to