Salisbury Municipal Code
Title 1
GENERAL PROVISIONS
Chapters:
1.04 CODE ADOPTION
1.08 ELECTION BOARD
1.12 CITY CAMPAIGN ADVERTISING AND FINANCE
1.16 INFRACTIONS AND CIVIL ZONING VIOLATIONS
Chapter 1.04
Sections:
1.04.010 Adoption of code.
1.04.020 Code supersedes prior ordinances.
1.04.030 Effective date.
1.04.040 Copy of code on file.
1.04.050 Amendments to code.
1.04.060 Publication and filing.
1.04.070 Code book to be kept up-to-date.
1.04.080 Sale of code book.
1.04.090 Altering or tampering with code--Penalties for violation.
1.04.100 Severability of code provisions.
1.04.110 Severability of ordinance provisions.
1.04.120 Repealer.
1.04.130 Ordinances saved from repeal.
1.04.140 Changes in previously adopted ordinances.
1.04.160 Emergency measure.
1.04.170 Numbering system.
1.04.180 Other nonsubstantive changes.
1.04.190 Corporate limits ratified.
1.04.200 Exemption from county legislation.
Section 1.04.010 Adoption of code.
The Charter, the ordinances and certain resolutions of
the city of Salisbury, of a general and permanent nature, adopted by the
council of the city of Salisbury, as revised, codified and consolidated
into chapters and sections by Book Publishing Company and consisting of
the Charter and Titles 1 through 17, together with an appendix, are hereby
approved, adopted, ordained and enacted as the "Salisbury Municipal Code,"
hereinafter known and referred to as the "code." (Ord. 1643 § 8(a),
1996; prior code § 1-1)
Section1.04.020 Code supersedes prior ordinances.
This ordinance and the code shall supersede all other
general and permanent ordinances enacted prior to the enactment of this
code, except such ordinances as are hereinafter expressly saved from repeal
or continued in force. (Prior code § 1-2)
Section 1.04.030 Effective date.
All provisions of this ordinance of the code shall be
in full force and effect on and after January 1, 1997. (Ord. 1643 §
8(b), 1996; prior code § 1-3)
Section 1.04.040 Copy of code on file.
A copy of the code in loose-leaf form has been filed in
the office of the city clerk and shall remain there for use and examination
by the public until final action is taken on this ordinance, and, if this
ordinance shall be adopted, such copy shall be certified to by the clerk
of the city of Salisbury by impressing thereon the seal of the city, and
such certified copy shall remain on file in the office of the clerk of
the city, to be made available to persons desiring to examine same during
all times while the code is in effect. (Ord. 1643 § 8(c), 1996; prior
code § 1-4)
Section 1.04.050 Amendments to code.
Any and all additions, amendments or supplements to the
code, when passed and adopted in such form as to indicate the intent of
the governing body to make them a part thereof, shall be deemed to be incorporated
into such code so that reference to the "Salisbury Municipal Code" shall
be understood and intended to include such additions and amendments. Whenever
such additions, amendments or supplements to the code shall be adopted,
they shall thereafter be printed and, as provided hereunder, inserted in
the looseleaf book containing said code as amendments and supplements thereto.
(Ord. 1643 § 8(d), 1996; prior code § 1-5)
Section 1.04.060 Publication and filing.
The clerk of the city of Salisbury, pursuant to law, shall
cause to be published, in the manner required, a copy of this adopting
ordinance. Sufficient copies of the code shall be maintained in the office
of the clerk for inspection by the public at all times during regular office
hours. The enactment and publication of this adopting ordinance, coupled
with the availability of copies of the code for inspection by the public,
shall be deemed, held and considered to be due and legal publication of
all provisions of the code for all purposes. (Ord. 1643 § 8(e), 1996;
prior code § 1-6)
Section 1.04.070 Code book to be kept up-to-date.
It shall be the duty of the clerk or someone authorized
and directed by him to keep up-to-date the certified copy of the book containing
the code required to be filed in his office for the use of the public.
All changes in said code and all ordinances adopted subsequent to the effective
date of this codification which shall be adopted specifically as part of
the code shall, when finally adopted, be included therein by reference
until such changes or new ordinances are printed as supplements to said
code book, at which time such supplements shall be inserted therein. (Prior
code § 1-7)
Section 1.04.080 Sale of code book.
Copies of the code book containing the code may be purchased
from the clerk upon the payment of a fee to be set by resolution of the
council, who may also arrange, by resolution, for procedures for the periodic
supplementation thereof. (Prior code § 1-8)
Section 1.04.090 Altering or tampering with code--Penalties for violation.
It shall be unlawful for anyone to improperly change or
amend, by additions or deletions, any part or portion of the code or to
alter or tamper with such code in any manner whatsoever which will cause
the law of the city of Salisbury to be misrepresented thereby. Any violation
of this section shall be punishable as a misdemeanor, the penalty for which
shall be a fine not to exceed five hundred dollars ($500.00) or imprisonment
for a term not to exceed ninety (90) days, or both such fine and imprisonment.
(Prior code § 1-9)
Section 1.04.100 Severability of code provisions.
Each section of the code and every part of each section
is an independent sections or part of a section, and the holding of any
section or a part thereof to be unconstitutional, void or ineffective for
any cause shall not be deemed to affect the validity or constitutionality
of any other section or parts thereof. (Prior code § 1-10)
Section 1.04.110 Severability of ordinance provisions.
Each section of this ordinance is an independent section,
and the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the validity
or constitutionality of any other sections or parts thereof. (Prior code
§ 1-11)
Section 1.04.120 Repealer.
All ordinances or parts of ordinances of a general and
permanent nature adopted and in force on the date of the adoption of this
ordinance and not contained in the code are hereby repealed as of the effective
date of this adopting ordinance, except as hereinafter provided. (Prior
code § 1-12)
Section 1.04.130 Ordinances saved from repeal.
The adoption of this code and the repeal of ordinances
provided for in Section 1.04.120 of this chapter shall not affect the following
ordinances, rights and obligations, which are hereby expressly saved from
repeal:
A. Any ordinance adopted subsequent to September
11, 1995;
B. Any right or liability established, accrued or
incurred under any legislative provision prior to the effective date of
this chapter or any action or proceeding brought for the enforcement of
such right or liability;
C. Any offense or act committed or done before the
effective date of this chapter in violation of any legislative provisions
or any penalty, punishment or forfeiture which may result therefrom;
D. Any prosecution, indictment, action, suit or
other proceeding pending or any judgment rendered prior to the effective
date of this chapter brought pursuant to any legislative provision;
E. Any franchise, license, right, easement or privilege
heretofore granted or conferred;
F. Any ordinance providing for the laying out, opening,
altering, widening, relocating, straightening, establishing of grade, changing
of name, improvement, acceptance or vacation of any right-of-way, easement,
street, road, highway, park or other public place, or any portion thereof;
G. Any ordinance or resolution appropriating money
or transferring funds, promising or guaranteeing the payment of money or
authorizing the issuance and delivery of any bond or other instruments
or evidence of the city's indebtedness;
H. Ordinances authorizing the purchase, sale, lease
or transfer of property or any lawful contract or obligation;
I. The levy or imposition of taxes, assessments
or charges;
J. The dedication of property or approval of preliminary
or final subdivision plats;
K. Ordinances establishing the amount and manner
of payment of salaries or compensation of officers and employees, establishing
workdays and working hours of certain employees and providing for holidays
and vacations for employees and keeping of employment records;
L. All legislation pertaining to zoning and all
amendments thereto;
M. All legislation relating to building standards
and construction;
N. Ord. No. 1004, concerning advertising in the
downtown mall;
O. Ord. No. 1127, adopted 8-12-74, concerning swimming
pool regulations;
P. Ord. No. 1216, adopted 7-24-78, relating to billiard
parlor permits. (Ord. 1643 § 8(f), 1996; prior code § 1-13)
Section 1.04.140 Changes in previously adopted ordinances.
A. In compiling and preparing the ordinances for
adoption and revision as part of the code, certain grammatical changes
and other minor changes were made in one or more of said ordinances. It
is the intention of the council that all such changes be adopted as part
of the code as if the ordinances so changed had been previously formally
amended to read as such.
B. In addition, the following changes, amendments
or revisions are made herewith, to become effective upon the effective
date of this chapter. (Chapter and section number references are to the
ordinances as they have been renumbered and appear in the code.) (Prior
code § 1-14)
Section 1.04.160 Emergency measure.
This measure shall be deemed an emergency measure,
effective from the date of passage. (Prior code § 1-16)
Section 1.04.170 Numbering system.
In conjunction with the codification of the Charter,
the ordinances and certain resolutions of the city of Salisbury, the numbering
system used in the Charter of the city of Salisbury has been changed to
a system which parallels the numbering to be used in the code of the city
of Salisbury. It is declared to be the intent of the council that the new
Charter numbering system be ratified. (Prior code § 1-17)
Section 1.04.180 Other nonsubstantive changes.
Also in conjunction with the codification of the
Charter, certain nonsubstantive changes in grammar, punctuation, spelling,
etc., have been made. It is declared to be the intent of the council that
said nonsubstantive changes be ratified. (Prior code § 1-18)
Section 1.04.190 Corporate limits ratified.
The corporate limits as set forth in Section SC1-2
of the code of the city of Salisbury, Maryland, are reaffirmed and ratified.
(Ord. 1643 § 8(g), 1996; prior code § 1-19)
Section 1.04.200 Exemption from county legislation.
Pursuant to the authority granted by Article 23A,
§ 2B(a)(3) of the Annotated code of Maryland, as enacted by Chapter
398 of the Laws of Maryland 1983, the mayor and council of the city of
Salisbury, a municipal corporation, exempts itself from all legislation
heretofore or hereafter enacted by Wicomico County, Maryland, relating
to any subject upon which the mayor and council of the city of Salisbury
has heretofore or is hereafter granted legislative authority either by
public general law or by the Charter of the city of Salisbury. (Prior code
§ 22-1)
Chapter 1.08
Sections:
1.08.010 Definitions.
1.08.020 Duties of the city election board.
1.08.030 Transfer of certain city board functions
and duties to the Wicomico County board of elections.
1.08.040 Payment to county board members and
election personnel for election-related services.
1.08.050 Delivery and recording of oaths of office
by city clerk.
1.08.060 System of permanent registration established.
1.08.070 Removal or omission from active registration
files.
1.08.080 Public inspection of registration records.
1.08.090 Furnishing of certified list of voters.
1.08.100 Hiring of clerical assistance.
1.08.110 Additional registrations by same voter
prohibited.
1.08.120 False answers to material questions
prohibited.
1.08.130 Falsification or removal of records.
1.08.140 Aiding or abetting in commission of
prohibited acts prohibited.
1.08.150 Office hours established for registration.
1.08.160 Access to city records
1.08.170 Registration by mail.
1.08.180 Registration for county election automatically
registers for city election.
1.08.190 Absentee ballot--Who may vote.
1.08.200 Late absentee ballots--Voter assistance.
1.08.210 Elections in which absentee voters may
vote.
1.08.220 Application for absentee ballots.
1.08.230 Application forms.
1.08.240 Determination of absentee voters' applications--Delivery
of ballots.
1.08.250 Ballots for absentee voters.
1.08.260 Instructions to voters.
1.08.270 Canvassing of ballots.
1.08.280 Contests and appeals.
1.08.290 Election districts and precincts established.
1.08.300 Map of election districts.
Section 1.08.010 Definitions.
As used in this chapter, the following terms shall
have the meaning as indicated:"City board" means the city election board
provided for in § SC6-2 of the Charter."County board" means the Wicomico
County board of elections. (Ord. 1746 § 1 (part), 2000)
Section 1.08.020 Duties of the city election board.
The city board shall generally supervise the conduct
of the system of appointment and registration, nomination by petition and
general, primary and special elections in accordance with the provisions
of the City Charter and ordinances of the council; specifically including
the following duties:
A. Observe polls;
B. Observe opening of absentee ballots;
C. Hear contests
concerning voting and the validity of any ballot. (Ord. 1746 § 1 (part),
2000)
Section 1.08.030 Transfer of certain city board functions
and duties to the Wicomico County board of elections.
The following duties, powers and functions assigned
by the Charter and code to the city election board shall be delegated to
the Wicomico County board of elections;
A. Salisbury Municipal Code Section 1.08.090, Furnishing
of certified list of voters;
B. Salisbury Municipal Code Section 1.08.100, Hiring
of clerical assistance;
C. Salisbury Municipal Code Sections 1.08.190 through
1.08.270, inclusive, Absentee Ballots, except where specifically designated
as duties of city board;
D. Salisbury Municipal Code Section 1.08.060 through
1.08.090, and 1.08.150 through 1.08.180, inclusive, Registration and inspection
sections.
E. Such other functions of the city board as are
necessary for the conduct of elections. (Ord. 1746 § 1 (part), 2000)
Section 1.08.040 Payment to county board members and election personnel for
election-related services.
The city treasurer is authorized to pay to the county
board staff such sums for the performance of certain duties involved in
the conduct and supervision of city elections as may be mutually agreed
upon between the city and county board. (Ord. 1746 § 1 (part), 2000)
Section 1.08.050 Delivery and recording of oaths of office by city clerk.
The clerk of the circuit court shall administer
an oath of office to the members of the city board and the oath of office
shall be recorded by the city clerk among the minutes of the city council.
(Ord. 1746 § 1 (part), 2000)
Section 1.08.060 System of permanent registration established.
There shall be a registration of the voters of Salisbury
on a daily basis, Monday through Friday inclusive, during normal business
hours, exclusive of state and national holidays. No person shall be allowed
to vote at any municipal election unless he or she shall be registered.
(Ord. 1746 § 1 (part), 2000)
Section 1.08.070 Removal or omission from active registration files.
Any person who shall believe that his or her name
has been erroneously removed or omitted from the active registration files
of the city shall make complaint to the city board. The city board shall
investigate the complaint, and, if found to be justified, appropriate action
shall be taken to correct the error. The decision of the city board shall
be final, but if adverse to the complainant, the latter shall have the
right to appeal to the circuit court of Wicomico County within ten days
after the date of such determination. (Ord. 1746 § 1 (part), 2000)
Section 1.08.080 Public inspection of registration records.
The registration records shall be open to public
inspection under reasonable regulations of the county board. (Ord. 1746
§ 1 (part), 2000)
Section 1.08.090 Furnishing of certified list of voters.
The county board shall furnish to anyone making
written application therefor, within ten days after such application has
been received, the names, addresses, and political affiliation of all persons
registered in any election precinct of the city, in accordance with the
fee structure established by the county board. (Ord. 1746 § 1 (part),
2000)
Section 1.08.100 Hiring of clerical assistance.
The county board with the consent of the city council,
may hire such clerical assistance as it may require in the performance
of the duties assigned to it by this chapter. (Ord. 1746 § 1 (part),
2000)
Section 1.08.110 Additional registrations by same voter prohibited.
No person being a registered voter of the city shall
knowingly and corruptly register or attempt to register a second or additional
time as a voter of the city. (Ord. 1746 § 1 (part), 2000)
Section 1.08.120 False answers to material questions prohibited.
No person shall knowingly make a false answer to
any material question required to be answered for the purpose of registration.
(Ord. 1746 § 1 (part), 2000)
Section 1.08.130 Falsification or removal of records.
No person shall knowingly and corruptly falsify
or remove any registration record of the city. (Ord. 1746 § 1 (part),
2000)
Section 1.08.140 Aiding or abetting in commission of prohibited acts prohibited.
No person shall procure, aid or abet any person
in the commission of an act prohibited in this chapter. (Ord. 1746 §
1 (part), 2000)
Section 1.08.150 Office hours established for registration.
The county board shall keep its office in the county
court house opened for registration of city voters during regular business
hours of eight a.m. to four-thirty p.m. on all regular business days, except
such days, if any, immediately preceding the holding of state, county or
city elections as may be designated by the county board or the city board
for its purposes in examining and verifying the registry books and delivering
same to the precincts for use during such elections. (Ord. 1746 §
1 (part), 2000)
Section 1.08.160 Access to city records.
The county board shall give the city board access
to the city records at any and all reasonable times as may be requested
by the city board for its purposes. (Ord. 1746 § 1 (part), 2000)
Section 1.08.170 Registration by mail.
A voter registration by mail program shall be established
and administered by the county board. Such registration shall be conducted
in accordance with the current Maryland State law and regulations governing
county registration by mail. (Ord. 1746 § 1 (part), 2000)
Section 1.08.180 Registration for county election automatically registers
for city election.
The county board is authorized to automatically
register any and all eligible voters of the city who register with the
Wicomico County board for eligibility to vote in county elections. (Ord.
1746 § 1 (part), 2000)
Section 1.08.190 Absentee ballot--Who may vote.
A. Any registered voter who is an employee of the
county board, including any judge appointed under this chapter who, as
a condition of his employment on any election day, is required to be absent
from the precinct in which he is registered to vote and who chooses to
vote shall cast his vote by an absentee ballot provided by the county board.
B. A registered voter may vote by absentee ballot
under this section if the voter is unable for sufficient reason to be present
and personally vote at the polls on election day. (Ord. 1746 § 1 (part),
2000)
Section 1.08.200 Late absentee ballots--Voter assistance.
A. Application for Ballot.
1. After the Tuesday preceding an election and on
the day of the election prior to the time the polls close, any person registered
and otherwise qualified to vote may apply, in person or through a duly
authorized agent, as authorized in subsection (A)(4) of this section, who
appears in person, at the office of the county board for a late emergency
absentee ballot if the voter is within the provisions of Section 1.08.190.
2. The application shall be made under penalty of
perjury but without formal oath, setting forth the reason why the voter
is unable to be present at the polls on the day of the election.
3. Upon receipt of the application, the county board,
if satisfied that the person cannot, in fact, be present at the polling
place on the day of the election, shall issue to the applicant, or his
duly authorized agent, an absentee ballot which shall be marked by the
voter, placed in a sealed ballot envelope, and returned to the county board
in the envelope provided for that purpose.
4. If the applicant does not apply in person, the
applicant shall designate a voter registered in the city as agent for the
purpose of delivering the absentee ballot to the vote, and the agent shall
execute an affidavit under penalty of perjury that the ballot was delivered
to the voter who submitted the application, was marked by the voter in
the agent's presence, was placed in a sealed envelope in the agent's presence
and returned, under seal, the county board by the agent.
5. Any late absentee ballot received by the county
board shall be considered timely if received in accordance with Section
1.08.270(C).
B. Assistance in Marking Ballot, Etc. Any registered
voter who requires assistance to vote by reason of blindness, disability
or inability to read the English language or write may be given assistance
by a person of the voter's choice, not to include the voter's employer
or agent of that employer or officer or agent of the voter's union. Any
person rendering assistance pursuant to this subsection shall execute a
certificate to be included in the instructions prescribed by Section 1.08.260.
(Ord. 1746 § 1 (part), 2000)
Section 1.08.210 Elections in which absentee voters may vote.
This chapter applies to all special, primary and
general elections held in any year in the city. (Ord. 1746 § 1 (part),
2000)
Section 1.08.220 Application for absentee ballots.
Except as provided in Section 1.08.190, a qualified
voter desiring to vote at any election as an absentee voter shall make
application in writing to the county board for an absentee ballot, which
application must be received not later than the Tuesday preceding the election.
The application shall contain an affidavit, which need not be under oath
but which shall set forth such information, under penalty of perjury, as
may be required by the county board. (Ord. 1746 § 1 (part), 2000)
Section 1.08.230 Application forms.
Printed forms of application for absentee ballots
in accordance with the requirements of this section shall be provided by
the county board and shall be available to any qualified voter upon request.
(Ord. 1746 § 1 (part), 2000)
Section 1.08.240 Determination of absentee voters' applications--Delivery
of ballots.
A. Rejection of Application. Upon receipt of an
application containing the affidavit, the county board shall reject the
application only upon the unanimous vote of the entire city board and,
when rejected, shall notify the applicant of the reason therefor if it
is determined upon inquiry that the applicant is not legally qualified
to vote at the election as an absentee voter.
B. Delivery of Ballot. If the applicant is a qualified
voter as stated in his affidavit, the county board shall, as soon as practicable
thereafter, deliver to him, or his duly authorized agent, at the office
of the county board, or mail to him at an address designated by him, an
absentee voter's ballot and an envelope therefore. If the applicant is
one with respect to whom free postage privileges are provided for by the
federal Uniformed and Overseas Citizens Absentee Voting Act, or any other
federal law, rule or regulation, the county board shall take full advantage
of these privileges; in all other instances, postage for transmitting ballot
material to voters shall be paid by the county board and postage for the
return of ballots shall be paid by the voters. If the ballots are to be
sent by mail, the determinations required in subsection A of this section
shall be made in such time as will allow for the sending and return of
the ballots by regular mail, or airmail, depending on the mailing address
and including at least one secular day for marking the ballots and completing
the affidavit. All investigations shall be concluded and any determinations
made as to all absentee ballot applications not later than five days before
election day.
C. Record of Applications Received and Ballots Delivered.
1. The county board shall keep applications for
absentee voters' ballots as they are received, showing the date and time
received, the names and residences of the applicants and such record shall
be available for examination by any registered voter on written application
to the county board.
2. After approval of an application for an absentee
ballot and the mailing to the applicant of an absentee ballot, then, unless
an electronically reproduced precinct register is used, the voter's authority
card in the precinct binder shall be removed and retained in the office
of the county board. A marker shall be placed in the regular precinct binder
with the voter's name and recording the fact that an absentee ballot has
been mailed. If an electronically reproduced precinct register is used,
a distinctive line shall be drawn through the voter's name on the list
in red. No such voter shall vote or be allowed to vote in person at any
polling place.
D. One Ballot to an Applicant. Not more than one
absentee ballot shall be mailed to any one applicant unless the county
board has reasonable grounds to believe that the absentee ballot previously
mailed has been lost, destroyed or spoiled. (Ord. 1746 § 1 (part),
2000)
Section 1.08.250 Ballots for absentee voters.
A. Printing of Ballots, Envelopes and Instructions.
In sufficient time prior to any election, the county board shall have printed
an adequate number of absentee ballots, the three kinds of envelopes described
in this section and the instructions to absentee voters as set out in Section
1.08.260.
1. Absentee ballots in the discretion of the county
board my be in form either of paper ballots kept together in a covering
folder, provided that all absentee ballots shall be in the same form.
B. Form of Ballots. All ballots shall contain the
words "Absentee Ballot" or "Official Ballot" shall be printed in large
letters in clear space at the top of each ballot and on any covering folder
instructions to the voters shall be printed as follows:
1. If paper ballots are used, underneath the words
"Absentee Ballot" or "Official Ballot" shall be printed the following warning:
"Mark ballot by connecting arrow in proper blank after each candidate or
question. Do not erase or make identifying mark. If your vote for a candidate
or question is marked in such a manner that your intent is not clearly
demonstrated, your vote for that office or question shall not be counted.
In order to protect the secrecy of your vote, do not put your name, initials
or any identifying mark on your official ballot. If it is determined that
a ballot is intentionally marked with an identifying mark, the entire ballot
will not be counted."
C. Envelopes. The county board shall prescribe the
size, form and printed content of the absentee ballot material envelops,
providing for a "covering envelope," a "ballot envelope" and a "return
envelope." (Ord. 1746 § 1 (part), 2000)
Section 1.08.260 Instructions to voters.
The printed instructions for the casting of absentee
ballots shall be prescribed by the county board and it shall prescribe
separate instructions for paper ballots. (Ord. 1746 § 1 (part), 2000)
Section 1.08.270 Canvassing of ballots.
A. Opening or Unfolding Ballots. The county board
shall not open or unfold any absentee ballot at time prior to the closing
of the polls.
B. Duties of County Board.
1. Subject to the provisions of subsection (B)(2)
of this section, at any time after four p.m. on the Wednesday following
election day and not later than the canvass of the votes cast at the regular
voting places in the city at any election, the county board shall meet
at the usual offices of the county board and shall proceed to count, certify
and canvass the absentee ballots contained in the ballot envelopes. Each
board of canvassers shall keep the ballots safe from tampering until the
canvass is completed. The county board shall take all appropriate and feasible
steps to protect the privacy of all absentee ballots.
2. The canvass may not be completed until all absentee
ballots that have been received timely have been counted.
C. Timely Receipt and Ballot.
1. Except as provided in subsection D of this section,
a ballot shall be considered as received timely, provided:
a. It has been received by the county board prior
to closing of the polls on election day; or
b. It was mailed before election day; or
c. The United States Postal Service, an army post
office, a fleet post office, or the postal service of any other county,
has provided verification of that fact by affixing a mark so indicating
on the covering envelope; and
d. The county board receives the ballot from the
United States Postal Service not later than four p.m. on the Wednesday
following election day.
2. Except as provided in subsection D of this section,
any ballot received after the deadline established in this subsection may
not be counted.
D. Ballots Received From Locations Outside United
States.
1. In a general or special election, a ballot received
from a location outside the United States shall be considered as received
timely provided:
a. It has been received by the county board from
the United States Postal Service not later than four p.m. on the second
Friday following the election day; and
b. It was mailed before election day; andThe United
States Postal Service, an army post office, a fleet post office, or the
postal service of any other country, has provided verification to that
fact by affixing a mark so indicating on the covering envelope.
2. Any ballot received by mail after the deadline
established in this subsection may not be counted.
3. The commencement of the counting and canvassing
process may not be delayed to await receipt of ballots under this subsection.
4. For the purposes of this subsection, "United
States" includes several states, the District of Columbia, the Commonwealth
of Puerto Rico and the Virgin Islands but does not include American Samoa,
Guam, the Trust Territory of the Pacific Islands, any other territory or
possession of the United States, an army post office address or a fleet
post office address.
E. Voter's Affidavit. For the purposes of subsections
C and D of this section, a voter's affidavit that the ballot was completed
and mailed before election day shall suffice if the postal service of the
country from which the ballot was mailed does not provide a postmark on
that ballot.
F. Procedure Generally.
1. A ballot may not be rejected by the city board
except by the unanimous vote of the entire city board.
2. If the intent of the voter is not clearly demonstrated,
only the vote for that office or question shall be rejected.
3. If the board of canvassers determines a ballot
is intentionally marked with an identifying mark the entire ballot shall
not be counted.
4. Any ballot received by mail after the deadlines
established in subsections C and D of this section may not be counted.
5. Absentee ballots may not be separately disclosed
or reported by precinct.
6. All voters' applications, affidavits, certifications,
ballot envelopes and ballots shall be kept separate and apart from ballots
cast at the regular voting places and retained after the date of election
at which they were cast for the time required by federal law, unless prior
to that time, the county board is ordered by a court of competent jurisdiction,
to keep the same for any longer period.
7. The county board may appoint such numbers of
temporary judges as it may deem necessary to adequately and promptly carry
out the provisions of this section.
G. Ballot Voted for Person Who Has Ceased to Be
a Candidate. Any absentee ballot voted for a person who has ceased to be
a candidate shall not be counted for such candidate but such vote shall
not invalidate the remainder of such ballot.
H. Ballot Delivered to Wrong Board. If an absentee
ballot envelope is delivered to the wrong board, such board shall immediately
send said ballot envelope unopened, unmarked and unchanged in any way to
the proper board or to the city clerk.
I. Voter Dying Before Election Day. Whenever the
county board determines from proof or investigation that any person who
has marked and transmitted or deposited in person with the board an absentee
ballot, under the provisions of this chapter, has died before election
day, the county board shall not count the ballot of the deceased voter.
J. Place Ballot in Ballot Box and Entry in Registry--More
than One Ballot in Envelope--Marking Ballots.
1. If the county board determines that the provisions
for filling out and signing the oath on the outside of the ballot envelope
have been substantially complied with and that the person signing the voter's
oath is entitled to vote under this chapter in any city election and has
not already voted therein on election day, it shall open the ballot envelope
and remove the ballot therefrom and the ballot shall be placed by the county
board in a secure place to which the public has no access.
2. If there be more than one ballot in the ballot
envelope, all shall be rejected except when two elections are held on the
same day and a voter is voting in both elections and the voter returns
both absentee ballots in the ballot envelope provided.
3. Absentee ballots may be marked by the pencil taped
on the absentee ballot.
K. More Than One Ballot Received From Same Person.
If the county board receives from the same person prior to the deadline
for receipt of absentee ballots more than one absentee ballot, it shall
count, certify and canvass only the absentee ballot contained in the ballot
envelope on which the voter's oath was first executed and if the oath on
two or more of the ballot envelopes containing absentee ballots are dated
the same, or if both are undated, none of the ballots received from such
person shall be counted. (Ord. 1746 § 1 (part), 2000)
Section 1.08.280 Contests and appeals.
A. Decision by City Board. Appeals concerning voting
or the validity of any ballot under this chapter shall be decided by the
city board.
B. Unanimous Vote by City Board. No ballot shall
be rejected except by the unanimous vote of the city board.
C. Right to Appeal. Any candidate or absentee voter
aggrieved by any decision or action of the city board shall have the right
of appeal to the circuit court for Wicomico county to review such decision
or action.
D. Procedure for Appeal. Such appeals shall be taken
by way of petition filed with the appropriate court within five days from
the date of the completion of the official canvass by the county board
of all the votes cast at the election and shall be heard de novo and without
a jury by said court as soon as possible.
E. Appeal to Court of Special Appeal. There shall
be further right to appeal to the court of special appeals, provided such
appeal shall be taken within forty-eight (48) hours from the entry of the
decision of the lower court complained of, and such appeals shall be heard
and decided on the original papers, including a typewritten transcript
of the testimony taken in such cases, by the court of special appeals,
as soon as possible after the same having been transmitted to that court.
F. Transmission of Record to Court of Special Appeals.
The original papers, including the testimony, shall be transmitted to the
Court of Special Appeals within five days from the taking of the appeal.
(Ord. 1746 § 1 (part), 2000)
Section 1.08.290 Election districts and precincts established.
The city shall have two councilmanic districts,
and there shall be one precinct corresponding to each councilmanic district.
Voting records shall be kept pursuant to divisional lines as established
by the county board. (Ord. 1746 § 1 (part), 2000)
Section 1.08.300 Map of election districts.
A map of the city, prepared by the engineering department
of the city, which is on file in the office of the city clerk, is adopted
and made a part of this chapter for the purpose of more clearly defining
the boundaries of the election precincts described in this chapter. (Ord.
1746 § 1 (part), 2000)
Chapter 1.12
Sections:
1.12.010 Advertising.
1.12.020 Books, records and receipts.
1.12.030 Campaign contributions.
1.12.040 Financial disclosure statements to be
filed by the candidate or treasurer.
1.12.050 Enforcement.
1.12.060 Late filing of financial disclosure
statements.
1.12.070 Perjury.
1.12.080 Penalty.
Section 1.12.010 Advertising.
A. A person, candidate, campaign manager, treasurer,
partisan organization or political committee, including political clubs,
or party committee may not expend any money for printing, publication or
broadcasting of any political matter whatsoever, unless the matter purports
on its face to be paid political advertisement and printed, published or
broadcast by authority of the person, campaign manager or treasurer for
the named candidate, partisan organization, party committee or political
committee, including political clubs.
B. Requirements of Subsection A of this section
shall not apply to any individual publishing or distributing campaign literature
promoting passage or defeat of any principle or a proposition submitted
to a vote at any city election, provided that such campaign literature
is published and distributed independent of, and not in coordination with,
any campaign, committee or other entity. (Ord. 1749 (part), 2000)
Section 1.12.020 Books, records and receipts.
A. Every candidate for the office of mayor or city
council for the city shall appoint a treasurer who shall have the responsibility
of maintaining detailed, full and accurate accounts in a proper book or
books to be called "account books." The account books shall contain a detailed
record of contributions, monies, loans (including personal contributions,
loans and monies) or valuable things received, including the date each
contribution was received and the name and address of each contributor.
The account books shall also contain a detailed record of all disbursements
made by the candidate or his or her representative acting on his or her
behalf.
B. Account books shall be maintained by the candidate
or his or her representative for at least one year following the date of
the general election. (Ord. 1749 (part), 2000)
Section 1.12.030 Campaign contributions.
A. No candidate for mayor or for member of the city
council shall receive campaign contributions in excess of two hundred fifty
dollars ($250.00) per individual or entity per campaign in cash and/or
in-kind services of a commercial nature. The two hundred fifty dollar ($250.00)
amount is a total for both the primary and general election.
B. The contributions or loans of a candidate or
the candidate's spouse to the candidate's own campaign are not subject
to the limitations of Subsections A and C of this section, but must pass
through the hands of the candidate's treasurer and be reported as required
in other provisions of this chapter. Personal expenses of the candidate
for filing fees, telegrams, telephoning, travel and board, shall not be
considered contributions if paid for by the candidate or the candidate's
spouse.
C. No loan may be made to the campaign of a candidate
or accepted on behalf of the campaign, without express written consent
of the candidate. Written consent constitutes the personal guaranty of
the candidate for repayment of the loan, only if it expressly so provides.
The aggregate amount of all outstanding loans to the campaign of a candidate
shall not exceed five hundred dollars ($500.00) for both the primary and
general election. A loan shall not be forgiven in an amount in excess of
two hundred fifty dollars ($250.00). Subsection B of this section is an
exclusion to the requirements of this subsection.
D. Contributions of such in-kind services of a commercial
nature shall be valued at a rate commensurate with the cost of purchasing
similar materials or services.
E. All campaign contributions shall be received
by the date of the general election. Any campaign contributions received
after the date of the general election shall be returned to the contributor.
(Ord. 1749 (part), 2000)
Section 1.12.040 Financial disclosure statements to be filed by the candidate
or treasurer.
A. The candidate and/or treasurer shall file a complete
and accurate financial disclosure statement detailing the contents of the
account books no later than seven days prior to the primary election and
seven days prior to the general election. The financial disclosure statement
shall include, but not be limited to, the name, address, amount of contribution
and the date all contributions were received. Contributions of in-kind
materials or services shall be valued as stated in Section 1.12.020(B).
Each financial disclosure statement filed shall also contain a full and
complete record of expenses and list any expenses incurred but not yet
paid.
B. A final financial disclosure statement shall
be filed no later than forty-five (45) days after the date of the general
election. After payment of all campaign expenditures, any surplus funds
shall be paid by the treasurer to either: (1) the city of Salisbury to
help defray the expenses of the election; (2) a charitable organization
as defined in the Annotated Code of Maryland, Business Regulation Article,
Title 6 as amended from time-to-time; or (3) a political club, committee,
or party of the candidate's choice.
C. No financial disclosure statements shall be required
if the contributions received total less than six hundred dollars ($600.00)
for the primary and general elections; however, a statement under oath
shall be filed by the candidate and treasurer that no financial disclosure
statement is required pursuant to this section. Such statement, if applicable,
shall be filed seven days prior to the primary election and seven days
prior to the general election.
D. Each financial disclosure statement shall include
a representation certifying under oath that the contents of the statement
are true and correct and shall be signed by the candidate and treasurer.
E. The foregoing provisions shall also apply to
unsuccessful candidates. (Ord. 1749 (part), 2000)
Section 1.12.050 Enforcement.
It shall be the duty of the city election board
to enforce this chapter and to ensure that it is complied with by all candidates
for city office. (Ord. 1749 (part), 2000)
Section 1.12.060 Late filing of financial disclosure statements.
A. There shall be a late filing fee for each financial
disclosure statement which is not filed within the time prescribed. The
fine shall be twenty dollars ($20.00) per day for the first five days and
ten dollars ($10.00) per day thereafter for each date that the report is
overdue. The maximum fine to apply to any one report shall be two hundred
fifty dollars ($250.00). Weekends and holidays shall be excluded in the
above time computations.
B. Any fines assessed pursuant to this chapter shall
be the personal responsibility of the candidate and treasurer and may not
be paid for by using campaign funds. (Ord. 1749 (part), 2000)
Section 1.12.070 Perjury.
Any willfully false, fraudulent or misleading statement
or entry made by any candidate or treasurer in any statement or account
under oath required by this chapter shall constitute the crime of perjury
and shall be punishable by such according to the laws of this state. (Ord.
1749 (part), 2000)
Section 1.12.080 Penalty.
The penalty for violation of this chapter, except
for late filing as provided for above, shall be a fine of up to four hundred
dollars ($400.00) as determined by the city election board. (Ord. 1749
(part), 2000)
Chapter 1.16
Sections:
1.16.010 Definitions.
1.16.020 Declaration as infraction or civil zoning
violation--Violations and penalties.
1.16.021 Misdemeanors--Violations and penalties.
1.16.030 Issuance of citation.
1.16.040 Payment of fine.
1.16.050 No formal hearing by city.
1.16.060 Election to stand trial.
1.16.070 Failure to pay fine.
1.16.080 Conviction not criminal.
1.16.090 Rights of accused.
1.16.100 Waiver of fines--Authority to issue
citations--Violations and penalties--Repealer.
Section 1.16.010 Definitions.
As used in this chapter, the following terms shall
have the meanings indicated:
"Civil zoning violation" means any violation
of this code, which violation has been specifically designated as a civil
zoning violation. For purposes of this code a "civil zoning violation"
is a civil offense.
"Infraction" means any violation of this code, which
violation has been specifically declared to be an infraction. For purposes
of this code, an "infraction" is a civil offense.
"Misdemeanor" means:
A. 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"; or
B. Unless otherwise specified, a violation of any
law of this city. All violations shall be treated as "misdemeanors" unless
specifically declared to be infractions. (Prior code § 89-1)
Section 1.16.020 Declaration as infraction or civil zoning violation--Violations
and penalties.
The council declares the violation of which ordinance
or ordinances shall be infractions or civil zoning violations, and for
each such violation, a fine shall be set. The fine shall not exceed five
hundred dollars ($500.00) for any single, initial infraction and shall
not exceed five hundred dollars ($500.00) for any single civil zoning violation.
Each day the violation continues shall constitute a separate offense. The
authority to declare infractions and civil zoning violations, and set fines
shall not be delegated by the council to any other administrative or legislative
body. (Ord. 1769 § 1 (part), 2000)
Section 1.16.021 Misdemeanors--Violations and penalties.
The council declares the violation of which ordinance
or ordinances shall be misdemeanors, and for each such violation, a penalty
shall be set. Every act or admission designated as a misdemeanor shall
be punishable by a fine not exceeding five hundred dollars ($500.00) or
imprisonment for not more than ninety (90) days, or both. The party aggrieved
shall have the right of appeal as is provided under the general laws of
the state. Where the act or admission is of a continuing nature, conviction
for one offense shall not be a bar to a conviction for a continuation of
the offense subsequent to the first or any succeeding conviction. (Ord.
1769 § 1 (part), 2000)
Section 1.16.030 Issuance of citation.
These code enforcement officials authorized by the
council to enforce this code may deliver a citation to any person alleged
to be committing an infraction or civil zoning violation. 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. The name and address of the person charged;
B. The nature of the infraction or civil zoning
violation;
C. The location and time that the infraction or
civil zoning violation occurred or was observed;
D. The amount of the infraction or civil zoning
violation fine assessed;
E. The manner, location and time in which the fine
may be paid to the city;
F. The person's right to elect to stand trial. (Prior
code § 89-3)
Section 1.16.040 Payment of fine.
The fine shall be as specified in the law violated.
The fine is payable by the recipient of the citation to the city within
ten calendar days of receipt of the citation. (Prior code § 89-4)
Section 1.16.050 No formal hearing by city.
The city shall not conduct any formal hearing for
those persons in receipt of a citation. Any offender so cited may pay the
fine as indicated in the citation or elect to stand trial for the offense.
This provision shall not prevent an offender from requesting, either personally
or through an attorney, additional information concerning the infraction.
(Prior code § 89-5)
Section 1.16.060 Election to stand trial.
A person receiving the citation may elect to stand
trial for the offense by notifying the city in writing of his intention
of standing trial. The notice shall be given at least five days prior to
the date of payment 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 shall be remitted to the general fund of
the city. (Prior code § 89-6)
Section 1.16.070 Failure to pay fine.
If a person receiving a citation fails to pay the
fine 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, a formal notice
of the infraction or civil zoning violation shall be sent to the offender's
last known address. If the citation has not been satisfied within fifteen
(15) days from the date of the notice, he shall be liable for an additional
fine not to exceed twice the original fine. If after thirty-five (35) days
the citation has not been satisfied, the city may request adjudication
of the case through the district court. The district court shall promptly
schedule the case for trial and summon the defendant to appear. (Prior
code § 89-7)
Section 1.16.080 Conviction not criminal.
Conviction, 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
a criminal conviction. (Prior code § 89-8)
Section 1.16.090 Rights of accused.
In any proceeding for a municipal infraction or
civil zoning violation, the accused shall have the same rights as for the
trial of criminal cases. He shall have the right to cross-examine witnesses
against him, to testify or introduce evidence in his own behalf and to
be represented by an attorney of his own selection and at his own expense.
(Prior code § 89-9)
Section 1.16.100 Waiver of fines--Authority to issue citations--Violations
and penalties--Repealer.
A. Those directors of departments authorized
to administer and enforce this chapter have the privilege to waive any
fine contained herein not imposed by any court if it can be established
by uncontroverted evidence that the citation for the offense was issued
erroneously.
B. The following persons shall have the authority
to issue citations for municipal infractions or civil zoning violations:
1. Director of the department of building,
housing and zoning;
2. Building inspector;
3. Housing inspector;
4. Plumbing inspector;
5. All city police officers;
6. Director, public works;
7. Deputy director of public works;
8. Superintendent of highways;
9. General superintendent of public
works;
10. Foreman solid waste;
11. Chief, deputy chief or division chief of the
Salisbury fire department.
C. The violations of the following codes and
ordinances are declared to be an infraction, and the penalty for such violation
shall not exceed two hundred fifty dollars ($250.00) for each initial offense and shall not exceed five hundred
dollars ($500.00) for each repeat offense, and each day the violation continues
shall constitute a separate offense:
1. Building code;
2. Electric code;
3. Plumbing code;
4. Housing, maintenance and occupancy code;
5. Zoning code, except for business, commercial
or industrial use violations;
6. The Fire Prevention Code;
7. The International Mechanical Code;
8. The International Residential Code;
9. The NFPA 101 Life Safety Code.
D. The violations of the following codes and ordinances
are declared to be civil zoning violations, and the penalty for such violation
shall be five hundred dollars ($500.00) for each initial offense and five
hundred dollars ($500.00) for each repeat offense:
1. Business, commercial or industrial use
violations of the zoning code.
E. The penalty provisions of any of the codes, ordinances
or laws referred to in this section inconsistent with the penalty provisions
of this chapter are repealed. (Ord. 1846, 2002; Ord. 1662, 1997: prior code § 89-10)