2124 Municipal Charters
title "Powers," sub-title "Ordinances; General Penalty" as adopted
pursuant to the authority of Chapter 117 of the Laws of Maryland of
1949, the most recent text of said section to be amended being now
identified as Section 26 in "The Code of The City of Hagerstown,
Maryland, 1967," sub-title "Other Powers; Penalties," so as to increase
the maximum fine or penalty by which a person may be punished on
any charge arising out of the violation of an Ordinance of the City
from $50.00 to $500.00, providing also for imprisonment of the person
violating any such Ordinance for a period not exceeding sixty days,
or both fine and imprisonment, in the discretion of the Court or Trial
Magistrate, and further providing for confinement in jail for non-
payment of any such fine in accordance with the provisions contained
in Article 38 of the Code of Public General Laws of Maryland, title
"Fines and Forfeitures."
Section 1. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
HAGERSTOWN that Section 26 of Article III of the Charter of The City
of Hagerstown, title "Powers," sub-title "Ordinances; General Penalty"
as adopted pursuant to the authority of Chapter 117 of the Laws of Mary-
land of 1949, the most recent text of said section to be amended being now
identified as Section 26 in "The Code of The City of Hagerstown, Maryland,
1967," sub-title "Other Powers; Penalties," be and the same is hereby
repealed and re-enacted, with amendments, to read as follows, said amend-
ments consisting of new matter added to the existing section are indicated
hereafter by being underscored, and all matter to be eliminated from the
existing section are indicated by enclosing the name in double parentheses,
to-wit:
Sec. 26. Other Powers; Penalties.
The City of Hagerstown shall also have power to provide for the
codification of all ordinances which may have been or may hereafter be
passed; and for the purposes of carrying out the powers enumerated in
this charter, and for the preservation of cleanliness, health, peace and good
order of the community, and for the protection of the lives and property
of the citizens, the said City may pass all ordinances or by-laws from time
to time found necessary; and to insure the observance of said ordinance,
in addition to the action of debt, or such civil remedies as may exist in such
cases by law for the recovery of the penalties thereunto affixed, said City
may affix thereto such reasonable fines, not exceeding [Fifty Dollars
($50.00) in any case] Five Hundred Dollars ($500.00) or imprisonment
for not exceeding sixty days in the County Jail or both fine and imprison-
ment, in the discretion of the Court or Trial Magistrate, as may appear
right; and in default of the payment of any fine imposed, [may provide
for the imprisonment of the offender for a period not to exceed twenty days,
or until the fine be paid] the offender shall be committed to the County Jail
for nonpayment of any such fine in accordance with the provisions con-
tained in Article 38 of the Code of Public General Laws of Maryland, title
"Fines and Forfeitures," and instead of the aforesaid penalties it shall be
lawful in case of the conviction of any person for vagrancy, or for
being drunk and disorderly, to sentence such person to hard work for a
period not to exceed ten days. Said City shall have the power to establish
and regulate a station house or lockup for temporary confinement of
violators of the law and ordinances of the City.
Section 2. AND BE IT FURTHER RESOLVED that the date of
adoption of this Resolution is October 27th, 1970, and the amendment of
the Charter of the City of Hagerstown hereby enacted shall become effective
|
|