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Maryland Manual, 1991-92
Volume 185, Page 774   View pdf image (33K)
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774/Maryland Manual

tion of Maryland. The General Assembly may place such
other and further restrictions or limitations on the exercise
of any of the powers which it may grant to the Mayor and
City Council of Baltimore under the provisions of this
Article as it may deem proper and expedient.

SEC. 3.19* Provided, however, that no public local law
enacted under the provisions and authority of this Article
shall be enacted or construed to authorize the Mayor and
City Council of Baltimore to exercise or apply any of the
powers or authority in this Article enumerated within the
territorial limits of Howard County.

ARTICLE XI-E.197

MUNICIBAL CORPORATIONS.

SECTION 1. Except as provided elsewhere in this
Article, the General Assembly shall not pass any law relating
to the incorporation, organization, government, or affairs
of those municipal corporations which are not authorized
by Article 11-A of the Constitution to have a charter form
of government which will be special or local in its terms or
in its effect, but the General Assembly shall act in relation
to the incorporation, organization, government, or affairs
of any such municipal corporation only by general laws
which shall in their terms and in their effect apply alike to
all municipal corporations in one or more of the classes
provided for in Section 2 of this Article. It shall be the duty
of the General Assembly to provide by law the method by
which new munidpal corporations shall be formed.

SEC. 2. The General Assembly by law, shall classify
all such municipal corporations by grouping them into not
more than four classes based on populations as determined
by the most recent census made under the authority of the
United States or the State of Maryland. No more than one
such grouping of municipal corporations into four (or
fewer) classes shall be in effect at any time, and the
enactment of any such grouping of municipal corporations
into four (or fewer) classes shall repeal any such grouping
of municipal corporations into four (or fewer) classes then
in effect. Municipal corporations shall be classified only as
provided in this section and not otherwise.

SEC. 3. Any such municipal corporation, now existing
or hereafter created, shall have the power and authority (a)
to amend or repeal an existing charter or local laws relating
to the incorporation, organization, government, or affairs
of said municipal corporation heretofore enacted by the
General Assembly of Maryland, and (b) to adopt a new
charter, and to amend or repeal any charter adopted under
the provisions of this Article.

SEC. 4. The adoption of a new charter, the amend-
ment of any charter or local laws, or the repeal of any part
of a charter or local laws shall be proposed either by a
resolution of the legislative body of any such municipal
Lurpuratiuii or by a petition containing the signatures of at
least five per cent of the registered voters of a municipal
corporation and filed with the legislative body of said
municipal corporation. The General Assembly shall
amplify the provisions of this section by general law in any
manner not inconsistent with this Article.

SEC. 5. Notwithstanding any other provision in this
Article, the General Assembly may enact, amend, or repeal
local laws placing a maximum limit on the rate at which
property taxes may be imposed by any such municipal

AniclfXI-F

corporation and regulating the maximum amount of debt
which may be incurred by any municipal corporation.
However, no such local law shall become effective in regard
to a municipal corporation until and unless it shall have
been approved at a regular or special municipal election by
a majority of the voters of that municipal corporation
voting on the question. No such municipal corporation
shall levy any type of tax, license fee, franchise tax or fee
which was not in effect in such municipal corporation on
January 1, 1954, unless it shall receive the express
authorization of the General Assembly for such purpose,
by a general law which in its terms and its effect applies
alike to all municipal corporations in one or more of the
classes provided for in Section 2 of this Article. All charter
provisions enacted under the authority of Section 3 of this
Article shall be subject to any local laws enacted by the
General Assembly and approved by the municipal voters
under the provisions of this section.

SEC. 6. All charter provisions, or amendments thereto,
adopted under the provisions of this Article, shall be subject
to all applicable laws enacted by the General Assembly;
except that any local laws, or amendments thereto, relating
to the incorporation, organization, govcrnmeni, or affairs
of any municipal corporation and enacted before this Ar-
ticle becomes effective, shall be subject to any charter
provisions, or amendments thereto, adopted under the
provisions of this Article. Any local law, or amendments
thereto, relating to the incorporation, organization,
government, or affairs of any municipal corporation and in
effect at the time this Article becomes effective, shall be
subject to any applicable State law enacted after this Article
becomes effective. All laws enacted by the General As-
sembly and in effect at the time this Article becomes
effective, shall remain in effect until amended or repealed
in accordance with the provisions of this Constitution.
Nothing in this Article shall be construed to authorize any
municipal corporation by any amendment or addition to
its charter, to permit any act which is prohibited by the laws
of this State concerning the observance of the Sabbath Day
or the manufacture, licensing or sale of alcoholic beverages.

ARTICLE XI-E198
HOME RULE FOR CODE COUNTIES.

SECTION 1. For the purposes of this Article, (1)
"code county" means a county which is not a charter county
under Article HAofthis Constitution and has adopted the
optional powers of home rule provided under this Article;
and (2) public local law" means a law applicable to the
incorporation, organization, or government of a code
county and contained in the county's code of public local
laws; but this latter term specifically does not include (i)
the charters of municipal corporations under Article HE
of this Constitution, (ti) the laws or charters of counties
under Article 11A of this Constitution, (iii) laws, whether
or not Statewide in application, in the code of public
general laws, (iv) laws which apply to more than one
county and (v) ordinances and resolutions of the county
government enacted under public local laws.

SEC. 2. The governing body of any county by a vote
of at least two-thirds of the members elected thereto, may
propose by resolution that the county become a code
county ana be governed by the provisions of this Article.
Upon the adoption of such a resolution, it shall be certified

 

196 Added by Chapter 754, Acts of 1953, ratified Nov. 2, 1954.

197 Added by Chapter 53, Acts of 1954, ratified Nov. 2,1954.

198 Added by Chapter 493, Acts of 1965, ratified Nov. 8, 1966.



 
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Maryland Manual, 1991-92
Volume 185, Page 774   View pdf image (33K)
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