PART II

 THE CODE

  CHAPTER 1

 GENERAL PROVISIONS

1-1.   How Code designated and cited.

1-2.   Definitions and rules of construction.

1-3.   Catchlines of sections.

1-4.   Provisions considered as continuations of existing ordinances.

1-5.   Severability of parts of Code.

1-6.   Misdemeanor; municipal infractions; general penalty; continuing violations.

1-6a. Injunction

1-7.   Effect of repeal of ordinances.

1-8.   Interference with city personnel engaged in enforcement activities.

1-9.   City of Bowie Seal.

1-10. Unpaid fees and penalties to constitute a lien.

Sec. 1-1. How Code designated and cited. *

*For state law as to power of council to provide for the publication and codification of all laws, ordinances, resolutions or regulations adopted by or affecting the municipality, see Md. Ann. Code, art. 23A, ss 2, subsec. (1) (1957).

The ordinances embraced in this and the following chapters and sections shall constitute and be designated as "The Code of the City of Bowie, Maryland," and may be so cited.  The Code may also be cited as "Bowie City Code."

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Sec. 1-2. Definitions and rules of construction.

A. As used in the Bowie City Code, the following terms shall have the meanings indicated, unless a contrary meaning is clearly intended from the context in which the term appears:

Bond.  When a bond is required, an undertaking in writing shall be sufficient.

City.  The term "City" shall mean the City of Bowie, in the County of Prince George's and State of Maryland, except as otherwise provided.

City Council.  The term "City Council" or "Council" shall mean the City Council of the City of Bowie.

City Manager. The term "City Manager" and "City Administrator" shall be synonymous and shall have the meaning set forth in Chapter 2, Article II, Division 2 of the Code.

City of Bowie Seal. The term "City of Bowie Seal" shall have the meaning set forth in Section 1-9.

Code. The term "Code" shall mean the Code of the City of Bowie, which is also referred to as the Bowie City Code, as such is amended from time to time.

Code Enforcement Officer. The term "Code Enforcement Officer" shall mean an employee of the City authorized by the City Manager to issue citations for violations of this Code.  Code Enforcement Officer shall include certain employees of the City as the City Manager shall designate from time to time.

Charter. The term "Charter" or "City Charter" shall mean the Charter of the City of Bowie, as amended from time to time.

County.  The term "County" shall refer to Prince George's County, Maryland.

Month.  The term "Month" shall mean a calendar month.

Municipal infractions.  Any violation of this Code, which has been specifically declared to be an infraction.  For purposes of this Code, an "infraction" is a civil offense. (added by O-08-90, 4/16/90).

Number.  Words used in the singular include the plural and the plural includes the singular number.

Oath.  The term "Oath" shall be construed to include an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

Owner.  The term "Owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land.

Person.  The term "Person" shall include a corporation, company, firm, partnership, association or society as well as a natural person.

Property.  The term "Property" shall include real and personal property.

Real property.  The term "Real Property" shall include lands, tenements and hereditaments.

Sidewalk.  The term "Sidewalk" shall mean any portion of a street between the curb line, or the lateral lines of a roadway where there is no curb, and the adjacent property line intended for the use of pedestrians.

Signature or subscription. The terms "Signature" or "Subscription" shall mean a persons legal signature under seal, but shall include a mark when the person cannot write, his name being written near it and witnessed by a person who writes his own name as witness.

State.  The term "State" shall be construed to mean the State of Maryland.

Street.  The term "Street" shall include but not be limited to public avenues, boulevards, highway, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the City, and shall mean the entire width thereof between abutting property lines; it shall be construed to include a sidewalk or footpath, unless the contrary is expressed or unless such construction would be inconsistent with the manifest intent of the City Council.

Tenant, occupant.  The terms "Tenant" and "Occupant," applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others.

Time.  Words used in the past or present tense include the future as well as the past and present.

Writing.  The term "Writing" shall include printing.

Year.  The term "Year" shall mean a calendar year.

B. In the construction of the Bowie City Code and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the City Council.  Further, whenever used in the Bowie City Code, the following words shall have the meanings set forth below:

Computation of time.  (Office hours of the filing of papers).  The time within which an act is to be done shall be computed by excluding the first and including the last day, and if the last day so computed falls on a Saturday, Sunday or a legal holiday, that day shall be excluded and the period shall be extended to the first day thereafter.  For the filing of papers with the City or any of its boards, committees, or commissions such papers shall be filed with the City Clerk no later than 5:00 p.m. of the last day allowed.

Gender.  Words importing the masculine gender shall include the feminine and neuter.

Joint authority.  All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

Personal property.  The term "Personal Property" shall have the meaning customarily set forth and shall include, but not be limited to, money, goods, chattels, things in action and evidences of debt.

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Sec. 1-3. Catchlines of sections.

The catchlines of the several sections of this Code printed in bold-faced type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of such sections, nor unless expressly so provided, shall they be so deemed when any of such section, including the catchlines, are amended or re-enacted.

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Sec. 1-4. Provisions considered as continuation of existing ordinances.

The provisions appearing in this Code, so far as they are the same as those of ordinances existing prior to the adoption of this Code, shall be considered as continuations thereof and not as new enactments.

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Sec. 1-5. Severability of parts of Code.

It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and words of this Code are severable, and if any word, clause, sentence, paragraph or section of this Code be declared unconstitutional or invalid by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the City Council without the incorporation in this Code of any such unconstitutional or invalid word, clause, sentence, paragraph or section.

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Sec. 1-6. Misdemeanor; municipal infractions; general penalty; continuing violations.

A. Misdemeanor. As used in this section "misdemeanor" shall have the following meaning: (1) A criminal offense, not amounting to a felony, arising from a violation of a law of the State, which violation is defined as a misdemeanor. (2) Unless otherwise specified, a violation of any law of the City. All violations of this Code shall be treated as "misdemeanors" unless specifically declared by this code or any ordinance of the City to be a municipal infraction.

B. Fine for misdemeanor. Whenever in this Code or in any ordinance of the City any act is prohibited or is made or declared to be a misdemeanor, where no specific penalty is provided therefor, the violator of any such provision of this Code or any ordinance shall be punished by a fine not to exceed $500.00 or imprisonment for thirty (30) days or both. Each day any violation of any provision of this Code or of any ordinance continues shall constitute a separate offense.

C. Municipal infractions.

(1) Declaration. The City Council shall, by official act, declare the violation of which ordinance(s) shall be municipal infractions. For each such violation, a specific fine shall be set which shall not exceed One Thousand Dollars ($1,000) for each infraction and for each repeat or continuing infraction. The fine shall be expressed as a discrete amount rather than being expressed in terms of a maximum or a minimum amount. The authority to declare infractions and set fines shall not be delegated by the City Council to any other administrative or legislative body.

(2) Citation. Citations for municipal infractions shall be issued by a Code Enforcement Officer to those persons whom they adjudge to be committing a municipal infraction or on the basis of an affidavit submitted to an appropriate official of the municipality, setting forth the facts of the alleged violation. The Code Enforcement Officer shall serve a citation in accordance with
Maryland Rule 3-121 or, for real property related violations, if proof is made by affidavit that good faith efforts to serve the defendant under Rule 3-121(a) of the Maryland Rules have not succeeded, by regular mail to the defendants last known address; and by posting of the citation at the property where the infraction has occurred or is occurring, and, if located within the City, at the residence or place of business of the defendant. A copy of the citation shall be retained by the City and shall bear the certification of the enforcing official attesting to the truth of the matter set forth in the citation. The citation shall contain at a minimum the following information:

(a) Name and address of the person charged.

(b) The nature of the infraction.

(c) The location and time that the infraction occurred or was observed.

(d) The amount of the infraction fine assessed.

(e) The manner, location and time in which the fine may be paid to the City.

(f) The right of the accused to elect to stand trial for the infraction.

(g) The effect of failing to pay the assessed fine or demand a trial within the prescribed time.

(h) The issuing authority's certification attesting to the truth of the matter set forth in the citation.

(3) Payment of fine. The fine for an infraction shall be as specified in the section violated or as set forth in this section. The fine is payable by the recipient of the citation, at City Hall, within twenty (20) calendar days of receipt of the citation.

(4) Election to stand trial. A person receiving a citation for a municipal infraction may elect to stand trial for the offense by notifying the City in writing of his/her intention to stand trial. The notice shall be given at least five (5) days prior to the date of payment of a fine as set forth in the citation. Upon receipt of the notice of the intention to stand trial, the City shall forward to the District Court having venue a copy of the notice from the person who received the citation indicating his intention to stand trial. Upon receipt of the citation, the District Court shall schedule the case for trial and notify the defendant of the trial date. All fines, penalties or forfeitures collected by the District Court for violations of infractions shall be remitted to the General Fund of the City.

Maryland Rule 3-121 provides that service may be made by delivering to the person to be served a copy of the required papers or by mailing to the person served the required papers by certified mail requesting "Restricted Delivery" -- showing to whom, date and address of delivery. In addition, Maryland Rule 3-121 provides instructions for serving people who are out of the State and for addressing situations where a person is evading service.

(5) Right of Administrative Review. A person charged with a municipal infraction shall be informed of the right to request review of the issuance of the citation by the Administrative Review Board in accordance with Chapter 1A of the Code of the City of Bowie. A person who requests review of the issuance of a citation by the Administrative Review Board must do so within fifteen (15) days of the issuance of the citation. A hearing before the Administrative Review Board will be scheduled as soon as practicable, but no later than thirty (30) days, after receipt of a request for review.

(6) Failure to pay fine. If a person who has received a citation for a municipal infraction fails to pay the fine for the infraction by the date of payment set forth on the citation and fails to file a notice of his intention to stand trial for the offense, and does not request a review of the issuance of the citation by the Administrative Review Board, the person is liable for the assessed fine. In such cases, the fine may double to an amount not to exceed One Thousand Dollars ($1,000). The City shall then request adjudication of the case through the District Court, including the filing of a demand for judgment by affidavit. The District Court shall promptly schedule the case for trial and summon the defendant to appear. The defendant's failure to respond to such summons shall result in the entry of a judgment against the defendant in favor of the City in the amount then due if a proper demand for judgment on affidavit has been filed.

(7) Conviction. Adjudication on a municipal infraction, whether by the District Court or by payment of the fine to the City, is not a criminal conviction for any purpose, nor does it impose any of the civil disabilities ordinarily imposed by criminal conviction. If any person shall be found by the District Court to have committed a municipal infraction, the person shall be required to pay the fine determined by the District Court in an amount not to exceed $400.00, the person shall be liable for the costs of the proceedings in the District Court, and the Court may permit the City to abate any such condition at the person's expense.

(8) Certain violations declared infractions. Violation of the following ordinances are hereby declared to be municipal infractions of the City Code: Chapter 1, Section 9; Chapter 3; Chapter 4, Section 4-6(a), (b), (c), (d), (g), (h) and (i); Chapter 5, Chapter 10; Chapter 11; Chapter 13; Chapter 15; Chapter 16, Sections 1 through 7 and 10; Chapter 17, Sections 1(a) through 1(e), 1(h), 1(k), 1(m), 1(n), 1(p), 1(r) through 1(y); Chapter 18; Chapter 22; Chapter 25; Chapter 26 and Chapter 27 and any other violation of ordinances that are specifically declared to be municipal infractions from time to time by the City Council.

(9) Fine. Whenever in this Code or in any ordinance of this City any act has been declared a municipal infraction and no specific penalty is provided therefor, the violator of any such provision of this Code or any ordinance shall be punished by a fine of one hundred dollars ($100.00) for the first offense and two hundred dollars ($200.00) for every subsequent offense. Each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate offense. (Sec. 1-6 amended by O-32-90, adopted 12/17/90; Sec. 1-6 amended by O-17-94, adopted 10/3/94; Sec. 1-6(c) (8) deleted and (9) and (10) renumbered by O-8-99, adopted 11/8/99; Sec. 1-6 (c) amended by O-5/05, effective 5/18/05).

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Sec. 1-6A. Injunction.

In addition to a civic penalty, the Council and/or the City Manager may seek an injunction against any person who violates or threatens to violate any provision of this Code. (Sec. 1-6(a) added by O-17-94, adopted 10/3/94.)

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Sec. 1-7. Effect of repeal or ordinances.

The repeal of an ordinance shall not revise any ordinances in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceedings pending at the time of the repeal, for an offense committed under the ordinance repealed.

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Sec. 1-8. Interference with city personnel engaged in enforcement activities.

A.  It shall be unlawful for any person to interfere with any agent or employee of the City, engaged in enforcing any provision of this chapter or any other section of the City Code.

B.  Violation of this section shall be deemed a misdemeanor, and upon conviction thereof, punishment shall be by a fine of not more than five hundred dollars ($500.00), nor less than fifty dollars ($50.00), or by imprisonment or not more than thirty (30) days, or both.

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Sec. 1-9.  City of Bowie Seal

A.  The City of Bowie Seal is the seal of the City.

B.  The seal is depicted by an inverted horseshoe bearing the words "Bowie, Maryland", with the United States Flag at the top left hand corner and the Maryland Flag at the top right hand corner; inside the horseshoe are four sections which depict a horseshoe and a horse head with the date 1914 in the left hand section, a steam locomotive with the date 1870 in the top section, the Belair Mansion with the date 1737 in the righthand section and the word "Inc." with the date 1916 in the bottom section.  This enclosed design has a ribbon stretching to both sides of the horseshoe inscribed with the words, "Growth, Unity, Progress".  "Huntington City" and "Bowie Station", are inscribed above the bottom curve of the inverted horseshoe.

C.  The seal of the City is for official use by the City and its authorized representative only.

D.  The duly elected Mayor of Bowie and the duly appointed City Manager shall be authorized to attest to the City of Bowie Seal.

E.  No person shall use any seal, insignia, envelope or any other format which simulates the City of Bowie Seal.

F.  Penalties.

The misuse or unauthorized use of the City Seal is a municipal infraction subject to the penalty and enforcement provisions of Sections 1-6 and 1-6A of this Code. (Sec. 1-9F. amended by O-17-94, adopted 10/3/94).

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Sec. 1-10.  Unpaid fees and penalties to constitute a lien.

Fees and penalties established in the City Code which are not paid as required therein shall be included in the non-payor’s real property tax bill and shall be collected as City taxes are collected and the charges shall be due and payable at the time of payment of the tax bill.  In the case of a misdemeanor or municipal infraction, the fine shall not be deemed due and owning the City until such time as judgment or order therefore is issued by a court of competent jurisdiction.  Such charges shall constitute a lien on the non-payor’s real property.

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(Sec. 1-10 added by O-18-98, adopted 9/22/98, effective 10/22/98).