Chapters:
    2.04 ETHICS
    2.08 CIVIL EMERGENCIES
    2.10 POLICE DEPARTMENT
    2.12 DEPARTMENT OF BUILDING, HOUSING AND ZONING
    2.16 FIRE DEPARTMENT
    2.20 HUMAN RESOURCES DEPARTMENT
    2.24 PERSONNEL RULES AND REGULATIONS
    2.28 PLANNING AND ZONING COMMISSION
    2.32 PURCHASES AND SALES
    2.36 DISPOSITION OF SURPLUS OR UNUSED PROPERTY
    2.40 DISPOSITION OF PERSONAL PROPERTY
 

Sections:
    2.04.010 Applicability.
    2.04.020 Ethics commission.
    2.04.030 Conflicts of interest.
    2.04.040 Financial disclosure
    2.04.050 Lobbying disclosure.
    2.04.060 Exemptions and modifications.
    2.04.070 Enforcement--Violations and penalties.

Section 2.04.010 Applicability.
    The provisions of this chapter shall apply to all elected city officials and all candidates for elected city office, and to all compensated full-time employees of the city who shall have attained the status of department head, except, however, in all cases Section 2.04.030 involving conflicts of interest shall apply to:
    A. Any employee, officer or agent;
    B. Any member of his or her immediate family;
    C. His or her partner;
    D. An organization which employs or is about to employ any of the above, has a financial or other interest in the firm selected for award;
    E. Any person appointed to, or employed by any agency, board, commission or similar entity of the city having licensing, regulatory or decision making authority. (Ord. 1750 § 1 (part), 2000)

Section 2.04.020 Ethics commission.
    The ethics commission shall be composed of three members appointed by the mayor, with the advice and consent of the council. The ethics commission shall be appointed for four-year staggered terms or until a successor is appointed.
    The commission shall be advised by the city attorney and shall have the following responsibilities:
    A. To devise, receive and maintain all forms generated by this chapter in the office of the city clerk;
    B. To provide published advisory opinions to persons subject to this chapter as to the applicability of the provisions of this chapter to them;
    C. To process and make determinations as to complaints filed by any person alleging violations of this chapter;
    D. To conduct a public information program regarding the purposes and application of this chapter. (Ord. 1750 § 1 (part), 2000)

Section 2.04.030 Conflicts of interest.
    Except where such interest is disclosed and does not create a conflict of interest, officials and employees who are subject to this chapter shall not:
    A. Participate on behalf of the city in the decision-making process on any matter which would, to their knowledge, have a direct financial impact, as distinguished from the public generally, on them, their spouse or lineal descendant, parent, grandparent, siblings, or a business entity with which they are affiliated;
    B. Hold or acquire any interest in a business entity that has or is negotiating a contract with the city or is regulated by their agency, except as exempted by the commission where the interest is disclosed pursuant to Section 2.04.060 of this chapter;
    C. Be employed by a business entity that has or is negotiating a contract with the city, or is regulated by their agency, except as exempted by the commission pursuant to Section 2.04.060 of this chapter;
    D. Hold any outside employment relationship that would impair their impartiality or independence of judgment or conflict with the person's full time city employment as determined by the ethics commission;
    E. Represent any party, for a contingent fee, before any city body;
    F. Within one year following termination of city service, act as a compensated representative of another in connection with any specific matter in which he participated substantially as a city official or employee;
    G. Solicit any gift, or accept any gifts of a value greater than twenty-five dollars ($25.00), from any person that has or is negotiating a contract with the city or is regulated by their agency, except when these gifts would not present a conflict of interest as determined by the commission. The term "gift" is intended to include the transfer of anything of value without adequate and lawful consideration;
    H. Use their position for their own benefit or that of another;
    I. Use or disclose confidential information acquired in their official city position for their own benefit or that of another. (Ord. 1750 § 1 (part), 2000)

Section 2.04.040 Financial disclosure.
    A. Officials and employees heretofore designated shall file annually no later than January 31, 1986, and January 31st of each calendar year thereafter during which they held office, and candidates heretofore designated shall file, at the time they file their certificate of candidacy, a statement with the city clerk or commission, disclosing any gift of greater than twenty-five dollars ($25.00) in value received during the preceding calendar year from any person regulated by or having a contract with the city other than his or her spouse, children, parents, brothers or sisters. The statement shall identify the donor of the gift, the nature of the gift and its approximate retail value at the time of receipt.
    B. All persons subject to this section shall file a statement with the commission disclosing any interest or employment or the holding of which would require disqualification from participation pursuant to Section 2.04.030(A) of this chapter, in advance of any anticipated action.
    C. Disclosure statements filed pursuant to this section shall be maintained by the city clerk or commission as public records, available for public inspection and copying.
    D. Disclosure shall not be required if there is no conflict of interest as defined in Section 2.04.030(A) of this chapter. (Ord. 1750 § 1 (part), 2000)

Section 2.04.050 Lobbying disclosure.
    A. Any person who personally appears before the mayor, city council or any department head of the city on behalf of another person or firm with the intent to influence the mayor, council members or department heads in the performance of their official duties and who, in connection with such intent, expends or reasonably expects to expend in a given calendar year any sum of money in excess of two hundred dollars ($200.00) on food, entertainment or other gifts for such mayor, council members or department heads shall file a registration statement with the commission within five days of making such appearance.
    B. The registration statement shall include complete identification of the registrant and of any other person or firm on whose behalf the registrant acts. It shall also identify the subject matter on which the registrant proposes to make such appearance and shall cover a defined registration period not to exceed one calendar year.
    C. Registrants under this section shall file a report within thirty (30) days after the end of any calendar year during which they were registered, disclosing the value, date and nature of any food, entertainment or other gifts provided the mayor, council members or department heads and identifying such mayor, council members or department heads.
    D. The registrations and reports filed pursuant to this section shall be maintained by the commission as public records available for public inspection and copying. (Ord. 1750 § 1 (part), 2000)

Section 2.04.060 Exemptions and modifications.
    The commission may grant exemptions and modifications to the provisions of Sections 2.04.030 and 2.04.040 of this chapter if it determines that application of those provisions would:
    A. Constitute unreasonable invasion of privacy;
    B. Significantly reduce the availability of qualified persons for public service;
    C. Not be required to preserve the purposes of this chapter. (Ord. 1750 § 1 (part), 2000)

Section 2.04.070 Enforcement--Violations and penalties.
    A. The commission may issue a cease-and-desist order against any person found to be in violation of this chapter and may seek enforcement of this order in the circuit court for Wicomico County.
    B. A city official or employee found to have violated this chapter may be subject to disciplinary or other appropriate personal action, including suspension, demotion or dismissal.
    C. Violation of this chapter shall be subject to a civil penalty not to exceed five hundred dollars ($500.00). (Ord. 1750 § 1 (part), 2000)
 

Sections:
    2.08.010 Definitions.
    2.08.020 Proclamation of civil emergency.
    2.08.030 Establishment of general curfew.
    2.08.040 Authorization for issuance of additional orders.
    2.08.050 Dissemination of orders to public.

Section 2.08.010 Definitions.
    As used in this chapter, the following terms shall have the meanings indicated:
    "Civil emergency" means:
    A. A riot, disorderly picketing or demonstrating or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute by three or more persons acting together without authority of law;
    B. Any natural disaster or man-made calamity, including flood, conflagration, cyclone, tornado, earthquake, explosion or complete electrical blackout, within the corporate limits of the city, resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.
    "Curfew" means a prohibition against any person or persons walking, running, loitering, standing, remaining or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the city, except persons officially designated to duty with reference to such civil emergency. (Prior code § 56-1)

Section 2.08.020 Proclamation of civil emergency.
    When, in the judgment of the mayor or, in his absence, the president of the council or, in his absence, his successor, upon the recommendation of competent police authority, a civil emergency, as defined in Section 2.08.010, is deemed to exist, he shall forthwith proclaim, in writing, the existence of same. (Prior code § 56-2)

Section 2.08.030 Establishment of general curfew.
    After proclamation of a civil emergency by the mayor or his successors in order of authority, he may order a general curfew applicable to such geographical areas of the city or to the city as a whole as he deems necessary in the interest of the public safety and welfare. (Prior code § 56-3)

Section 2.08.040 Authorization for issuance of additional orders.
    After proclamation of a civil emergency, the mayor or his successors in order of authority, as the case may be, may also, in the interest of public safety and welfare, make any or all of the following orders:
    A. Order the closing of all retail liquor stores;
    B. Order the closing of all beer taverns;
    C. Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor or beer is permitted;
    D. Order the discontinuance of the sale of beer;
    E. Order the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;
    F. Order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products;
    G. Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever and provide for their safekeeping;
    H. Order the closing of any or all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing or giving away of firearms or ammunition;
    I. Order the temporary closing of any and all streets, alleys and other public ways in the city;
    J. Issue such other orders as are imminently necessary for the protection of life and property. (Prior code § 56-4)

Section 2.08.050 Dissemination of orders to public.
    Should the mayor or his successors, in order of authority, deem it necessary to invoke any or all of the provisions of Sections 2.08.010 through 2.08.040, inclusive, he shall give notice of same by means of a written proclamation, publicly posted in city hall and issued to news media for immediate dissemination to the public. (Prior code § 56-5)
 

Section:
    2.10.010 Supplemental duties of chief of police.

Section 2.10.010 Supplemental duties of chief of police.
    Supplemental duties of chief of police are as follows:
    A. Upon request of the council make any employee available for questioning to the city council or its legal counsel when directed to do so by the council;
    B. Upon request of the council provide all records, including personnel records, evaluations and exit interviews, to the city council or its legal counsel when directed to do so by the council;
    C. Upon request of the council provide a copy to the city council or its legal counsel of all correspondence between the chief of police and the mayor;
    D. Upon request of the council provide to the city council accountability of any federal and state funding received by the Salisbury police department. (Ord. 1862, 2002)
 

Sections:
    2.12.010 Establishment--Purpose.
    2.12.020 Composition--Director of department of building, housing and zoning.
    2.12.030 Powers and duties of director and department.
    2.12.040 Director responsible to mayor--Inspections--Issuance of warrants for violations.
    2.12.050 Department procedure--Hearings.
    2.12.060 Establishment of rules and regulations--Recommendations to mayor.
    2.12.070 Assignment of additional duties.

Section 2.12.010 Establishment--Purpose.
    There is established a department of building, housing and zoning for the purpose of enforcement of the city's building, electrical, gas, housing, plumbing and zoning codes and the performance of all functions of the city as provided in such building, electrical, gas, housing, plumbing and zoning codes. (Prior code § 18-1)

Section 2.12.020 Composition--Director of department of building, housing and zoning.
    The department of building, housing and zoning shall be headed by a director of the department of building, housing and zoning. His compensation shall be determined by the council. In addition, the department of building, housing and zoning shall have such other personnel as may be assigned to it on a full-time or part-time basis appointed by the mayor with the recommendations of the director. (Prior code § 18-2)

Section 2.12.030 Powers and duties of director and department.
    The director of the department of building, housing and zoning is directed to enforce the city's building, electrical, gas, housing, plumbing, zoning, fire, mechanical and existing buildings codes and to carry out and perform all functions of the city as provided by such building, electrical, gas, housing, plumbing, zoning, fire, mechanical and existing buildings codes. The department of building, housing and zoning shall have all the power and authority necessary to carry out its duties. (Prior code § 18-3)

Section 2.12.040 Director responsible to mayor--Inspections--Issuance of warrants for violations.
    The director of the department of building, housing and zoning shall be responsible and report directly to the mayor. The department of building, housing and zoning shall make all necessary inspections to determine whether the building, electrical, gas, housing, plumbing or zoning codes have been or are being violated. The director of the department of building, housing and zoning shall promptly and faithfully execute or secure the issuance of all writs (warrants) for any violations of the various codes mentioned above and shall attend any court having the enforcement of any such violations. (Prior code § 18-4)

Section 2.12.050 Department procedure--Hearings.
    The director of the department of building, housing and zoning shall follow such procedures, including conducting formal or informal hearings for persons alleged to have violated either the building, electrical, gas, housing, plumbing or zoning codes, as shall best promote efficient administration, justice and good order and shall not be inconsistent with law or the Charter of the city. (Prior code § 18-5)

Section 2.12.060 Establishment of rules and regulations--Recommendations to mayor.
    The director of the department of building, housing and zoning shall establish such rules and regulations as shall, from time to time, be necessary to the performance of the duties and functions of the department of building, housing and zoning pursuant to this chapter. The director of the department of building, housing and zoning shall recommend necessary changes which he deems desirable in the provisions of this chapter; other provisions of law; the Charter; the building, electrical, gas, heating, plumbing and zoning codes; and ordinances or resolutions affecting the department of building, housing and zoning for submission to and approval by the mayor. (Prior code § 18-6)

Section 2.12.070 Assignment of additional duties.
    In addition to its duties as provided in Sections 2.12.030 and 2.12.040, the department of building, housing and zoning shall perform any and all other duties which may be assigned to it by the mayor, in writing or otherwise, and the director of the department of building, housing and zoning shall have all power and authority necessary to carry out such additional assigned duties. (Prior code § 18-7)
 

Sections:
    2.16.010 Definitions.
    2.16.020 Organization.
    2.16.030 Career personnel.
    2.16.040 Volunteer fire companies and volunteer pesonnel.
    2.16.050 Selection of fire chief.
    2.16.060 Unauthorized entry into hazardous areas at emergency incidents.
    2.16.070 Hindrance of fire department personnel in the performance of duties.
    2.16.080 Tampering with or damaging equipment or apparatus used for emergency services.
    2.16.090 Uniforms--Equipment.
    2.16.100 Authority for the removal of obstructions near fire hydrants.

2.16.010 Definitions.
    As used in this chapter:
    “Career officers or employees” means those paid officers or employees as are provided for by the city council pursuant to Article XVIII of the City Charter.
    “Emergency services” means and includes those general duties and responsibilities of the fire department as set forth in Sections 2.16.020(C)(1) to (C)(3).
    “Fire chief” means the fire chief appointed pursuant to Article XVIII, § SC18-1 of the City Charter.
    “Fire department” means the city of Salisbury fire department, as constituted under Section 2.16.020(A).
    “Firefighter” means any person engaged in providing emergency services on behalf of the fire department.
    “Tax funds” means tax revenue paid by residents of the city of Salisbury and the Salisbury fire district to federal, state, county and municipal governments.
    “Volunteer fire company” means a quasi-public nonprofit corporation recognized by the city as a component of the Salisbury fire department. (Ord. 1909 (part), 2004)

Section 2.16.020 Organization.
    The Salisbury fire department is organized into two parts:A. The Salisbury permanent employee paid firemen division;B. The Salisbury volunteer fire department, Inc. (Prior code § 12-1)

Section 2.16.030 Career personnel.
    A.  The fire department shall consist of:
    1.   The fire chief;
    2.   Career officers and employees;
    3.   Such volunteer fire companies and volunteer firefighters as are recognized by the city from time to time, which as of the date of adoption of this legislation are:
          Salisbury Fire Department, Inc. (Station #16)
          Salisbury Fire Department Inc., Company No. 1 (Station #1)
          Salisbury Fire Company, No. 2, Inc. (Station #2)
    B.   The fire department shall have a sufficient number of career and volunteer supervisory personnel to effectively and efficiently manage fire department personnel and operations, including:
    1.   Fire chief (career);
    2.   Deputy fire chief of operations (career);
    3.   Deputy fire chief of volunteer services (volunteer);
    4.   Assistant fire chief (career and volunteer);
    5.   Fire captain (career and volunteer);
    6.   Fire lieutenant (career and volunteer).
    C.   General Duties and Responsibilities of the Fire Department.
    1.   The fire department shall respond to incidents including fires, explosions, rescues, extrications, medical emergencies, hazardous materials incidents, natural and technological disasters and other emergency events that are harmful to life, property and the environment;
    2.   The fire department shall provide pre-hospital advanced life support emergency medical services;
    3.   The fire department shall assist other city, county, state and federal agencies as necessary to control emergency situations and have such other powers and duties as required or provided by law or as assigned by the city council;
    4.   The fire department shall engage in programs of fire prevention;
    5.   Such other duties as may be assigned to it by the city.
    D.  Fire Department Service Area.
    1.   The fire department service area shall be known as the Salisbury fire district;
    2.   The Salisbury fire district shall include:
    a.   All incorporated areas of the city of Salisbury,
    b.   All areas in Wicomico County outside of the corporate city limits but within the boundaries as identified by the city upon agreement with the county.
    E.   Mutual Aid and Assistance With Other Emergency Services and Public Safety Organizations.
    1.   After approval by the city, the fire chief shall be authorized to enter into agreements that will permit the fire department to assist other agencies in the provision of emergency services;
    2.   After approval by the city, the fire chief shall be authorized to enter into agreements that will permit the fire department to receive assistance from other agencies for the provision of emergency services. If warranted by circumstances, the fire chief is authorized to recognize and to receive assistance from other agencies for the provision of emergency services;
    3.   Any mutual aid assistance requiring financial contribution from the city or the fire department must be authorized by the city;
    4.   Any emergency service or public safety organization with whom the city has a mutual aid agreement is recognized as an emergency service provider in the Salisbury fire district according to the terms of the mutual aid agreement;
    5.   Any nonprofit or for-profit emergency service or public safety organization shall be permitted to transport equipment, personnel or members of the public within the city.
    F.   Duties and Responsibilities of the Fire Chief. The fire chief shall have general command, control and supervision of all emergency services. Without limiting the scope of the foregoing sentence, the fire chief shall:
    1.   Ensure the efficient and effective response of adequate resources to incidents requiring emergency services in order to prevent the loss of life, destruction of property and damage to the environment;
    2.   Control, maintain and operate all physical facilities, apparatus, equipment and personal property used by the fire department;
    3.   Maintain accurate records for all aspects of the operation of the fire department;
    4.   Provide periodic reports regarding the operation of the fire department to the mayor, city council and executive officer;
    5.   Ensure that no fire department resources are used for the personal gain of individuals, or public or private corporations or other entities;
    6.   Maintain communications with senior staff members to ensure that the fire chief is promptly notified of any department related matters that require his active presence or action thereon;
    7.   Appoint or remove career and volunteer fire line officers;
    8.   Direct the use or transfer of fire department vehicles, equipment or personal property within or outside of the Salisbury fire district;
    9.   Prepare a proposed budget and administer the fire department budget as adopted by the city;
   10.  Approve the operational use of all fire-fighting and emergency medical services apparatus, vehicles, tools and equipment;
   11.  Attend or appoint a designee to attend the meetings of each volunteer fire company;
   12.  Serve as liaison with Wicomico County and volunteer fire departments on operational issues;
   13.  Be considered to be on duty at all times;
   14.  Promulgate rules and regulations governing the operation of the fire department and its provision of emergency services.
    G.   Duties and Responsibilities of the Deputy Fire Chief (Career). The deputy fire chief (career), or first in command after the fire chief, when on duty in the absence of the fire chief, shall assume all of the duties and responsibilities of the fire chief and for the time being shall possess all of the authority under the existing laws and regulations as have been laid down for the guidance and direction of the fire chief. The deputy fire chief shall assist the fire chief in the day to day operations of the fire department, and shall be subject to the direction and control of the fire chief.
    H.  Duties and Responsibilities of the Deputy Fire Chief (Volunteer). The deputy fire chief (volunteer), or second in command after the fire chief and deputy fire chief (career), when on duty in the absence of the fire chief and deputy fire chief (career), shall assume all of the duties and responsibilities of the fire chief and for the time being shall possess all of the authority under the existing laws and regulations as have been laid down for the guidance and direction of the fire chief and deputy fire chief (career). The deputy fire chief (volunteer) shall assist the fire chief and deputy fire chief (career) in the day to day operations of the fire department, and shall be subject to the direction and control of the fire chief and deputy fire chief (career). Subject to the authority of the fire chief and the deputy fire chief (career), the deputy fire chief (volunteer) shall have primary responsibility for managing the volunteer component of the fire department.
    I.    Duties and Responsibilities of Other Fire Department Officers (Career and Volunteer).
    1.   In the absence of the fire chief, the deputy fire chief (career) and the deputy fire chief (volunteer), the duties and responsibilities of the fire chief for the time being shall be exercised by the assistant chiefs in order of seniority, as defined by regulation promulgated by the fire chief.
    2.   Each officer shall assist and be subject to the direction and control of the fire chief, deputy fire chief (career), deputy fire chief (volunteer), to enable each of such chiefs to successfully discharge their duties. (Ord. 1909 (part), 2004)

Section 2.16.030 Career personnel.
    A.  There shall be as many employees of the fire department as provided for in Article XVIII, §§ SC18-1, SC18-2, and SC18-3, and Article III, § SC3-4C of the Salisbury City Charter. All employees shall be under the command and control of the fire chief.
    B.   All career employees shall be governed and disciplined in accordance with the city of Salisbury Employee Handbook, the city fire department standing operating procedures and guidelines and other applicable departmental rules and regulations or city of Salisbury policies and procedures. If the departmental rules and regulations conflict with city personnel policy, the city personnel policy will control as to career employees. (Ord. 1909 (part), 2004)

Section 2.16.040 Volunteer fire companies and volunteer personnel.
    A.  A volunteer fire company must be recognized by the city in order to be permitted to provide emergency services within the city of Salisbury and Salisbury fire district. To retain or obtain recognition by the city, a volunteer fire company and its members must:
    1.   Comply with the City Charter, City Code, fire department rules and regulations, and all other applicable laws, rules and regulations;
    2.   Operate under the authority and unified command of the fire chief;
    3.   Receive approval of the fire chief to place any fire-fighting or emergency medical service apparatus, vehicles, tools or equipment in service for fire department operations;
    4.   Receive training required by the fire chief;
    5.   Not directly or indirectly purchase, alter, discard, dispose of, transfer or sell any vehicle, apparatus or equipment for or on behalf of a volunteer fire company, the fire department or the city of Salisbury without consultation with the fire chief;
    6.   Not make any alterations to the fire department’s vehicles, apparatus, equipment or physical facilities without the written approval of the fire chief.
    B.   To retain or obtain recognition, a volunteer fire company must:
    1.   Be incorporated as a nonprofit member corporation under the general laws of the state of Maryland, and provide the fire chief all bylaws and articles of incorporation;
    2.   Provide that its members shall be selected in accordance with the qualifications, guidelines and procedures set forth in such company’s bylaws, which such bylaws will comply with the set of minimum standards for active membership selection as promulgated by the fire chief;
    3.   Provide that all volunteer members shall be governed by and disciplined in accordance with the fire department standard operating procedures and guidelines and any other applicable laws, rules, regulations, policies or procedures;
    4.   Have those corporate officers as it deems necessary for the effective management of its organization and adopt rules, regulations and bylaws as it may deem necessary to manage its corporate affairs; provided, however, that the same do not conflict with any federal or state law, the Salisbury City Charter, this code, any city policy or any fire department standard operating procedure or guidelines;
    5.   Provide the following categories for membership in the fire company:

Section 2.16.050 Selection of fire chief.
    A.  As provided in Article XVIII, § SC18-1 of the Charter, the fire chief is appointed by the mayor with the advice and consent of the city council. His compensation is determined by the council.
    B.   Career and volunteer fire department personnel may make appropriate recommendations to the mayor for the selection of the fire chief. (Ord. 1909 (part), 2004)

Section 2.16.060 Unauthorized entry into hazardous areas at emergency incidents.
    No person shall cross a designated fire line or enter into any hazardous area as established by the fire department unless he or she is a member of the fire department or another agency authorized or requested to assist the fire department at the scene of the emergency. (Ord. 1909 (part), 2004)

Section 2.16.070 Hindrance of fire department personnel in the performance of duties.
    No person shall:
    1.   Drive any vehicle over a fire hose or appliance in use at the scene of an emergency unless directed otherwise by authorized fire department personnel;
    2.   Molest, hinder, interfere or attempt to cause harm to any fire department officer or member during the performance of his or her duty;
    3.   Interfere or impede the progress of emergency apparatus that is displaying visible and employing audible warning devices during a response to provide emergency services;
    4.   Block or obstruct any fire hydrant which impedes its use by the fire department;
    5.   Report a false alarm of an event calling for fire department emergency services.
(Ord. 1909 (part), 2004)

Section 2.16.080 Tampering with or damaging equipment or apparatus used for emergency services.
    Any person who shall willfully, carelessly or maliciously tamper with, damage, mutilate or destroy any equipment or apparatus owned or operated by the fire department to provide emergency services, whether it is in use or stored, shall be guilty of a misdemeanor. (Ord. 1909 (part), 2004)

Section 2.16.090 Uniforms--Equipment.
    A.  The fire department’s annual proposed operating budget shall include funding for the maintenance or purchase of uniforms and personal protective equipment for each member. All uniforms and personal protective equipment issued to any member shall be and remain the property of the city.
    B.   The fire department’s annual proposed operating budget shall include funding for the following:
    1.   Length of Service Award Program (LOSAP) premiums to provide a retirement benefit for qualified volunteer fire department members;
    2.   Medical physical examinations, fitness for duty and return to duty examinations for volunteer members in accordance with fire department standard operating procedures and guidelines. (Ord. 1909 (part), 2004)

Section 2.16.100 Authority for the removal of obstructions near fire hydrants.
 

Sections:
    2.20.010 Human resources department established.
    2.20.020 Duties.

Section 2.20.010 Human resources department established.
    There shall be a human resources department headed by a human resources director. The human resources director shall be appointed by the mayor, with the advice and consent of the city council. Compensation for the human resources director shall be determined by the city council. (Ord. 1614 (part), 1995)

2.20.020 Duties.
    Under the supervision of the mayor, the human resources director shall recommend personnel policy and procedures, assist with recruitment of personnel, assist with maintenance of personnel records, administer employee benefits, assist employees in obtaining information and services from benefit providers, coordinate safety and risk management programs and such other duties as the mayor may direct. (Ord. 1614 (part), 1995)
 

Sections:
    2.24.010 Designation of city personnel board--Officers.
    2.24.020 Basis for appointments and promotions.
    2.24.030 Personnel rules.
    2.24.040 Retirement pay plan.
    2.24.050 Job classification plan.
    2.24.060 Applicability of regulations.
    2.24.070 Police department written directives--Grant of authority.
    2.24.080 Same--Applicability of directives.
    2.24.090 Same--Conflicts.

Section 2.24.010 Designation of city personnel board--Officers.
    The city council shall be designated as the city personnel board. The president of the city council shall be designated as the chairman of the personnel board. The city clerk shall serve as secretary of the city personnel board. (Prior code § 28-1)

Section 2.24.020 Basis for appointments and promotions.
    All appointments and promotions of city employees shall be made on the basis of merit and fitness. Merit and fitness shall be determined on the basis of experience, intelligence and general qualifications of the person for the position he is to fill, except, in case of persons employed to make or conduct a special inquiry, investigation, examination or installation, if the executive secretary certifies that the employment is temporary and that the work should not be performed by regular city employees. (Prior code § 28-2)

Section 2.24.030 Personnel rules.
    The mayor shall prepare personnel rules to carry out the provisions of this chapter. After a hearing on the rules, the city personnel board may approve such rules as proposed or modify, reject or return them for revision or resubmission. Such rules shall become effective after adoption by the city personnel board, with or without amendment. These rules shall provide for the following:
    A. A pay plan for each position within each department, subject to revision yearly prior to the beginning of the fiscal year;
    B. The procedure for suspension and removal of employees, which procedure shall include provisions for appeals, through channels from the department level to the personnel board, from orders of suspension or removal or other disciplinary action. There shall be provisions, for the party bringing the case to the personnel board, for an appeal from the personnel board, as follows: If it is requested, the personnel board shall appoint three citizens of the city who are not employees to review the case and make recommendations to the personnel board. The personnel board shall then make its decision and so recommend to the mayor for appropriate action;
    C. The hours of work, the attendance regulations and the provisions for sick leave, vacation leave and legal holidays;
    D. Other practices and procedures necessary to the administration of the city personnel system. (Prior code § 28-3)

Section 2.24.040 Retirement pay plan.
    The city personnel board shall prepare for inclusion in its legislative program a system of retirement pay and such modification thereof as from time to time such board may prepare and recommend. (Prior code § 28-4)

Section 2.24.050 Job classification plan.
    The mayor shall, with the approval of the city personnel board, set up a job classification plan and establish rules and regulations for examinations for such personnel and periodically review and revise the same. (Prior code § 28-5)

Section 2.24.060 Applicability of regulations.
    Department regulations and policy committees shall apply to all persons whose appointments are made under authority to the mayor and city council, unless otherwise provided for in the Charter of the city. (Prior code § 28-6)

Section 2.24.070 Police department written directives--Grant of authority.
    The mayor and city council of the city of Salisbury grant the authority to the chief of police to establish rules and regulations now known as the "City of Salisbury Police Department Written Directives." (Prior code § 28-7)

Section 2.24.080 Same--Applicability of directives.
    The written directives adopted by the police department govern the operation of the police department and employees of that department. (Prior code § 28-8)

Section 2.24.090 Same--Conflicts.
    When the written directives conflict with city personnel policy, the written directives shall control. (Prior code § 28-9)
 

Sections:
    2.28.010 Commission created.
    2.28.020 Membership--Term.
    2.28.030 Powers and duties.
    2.28.040 Participation in countywide planning program.
    2.28.050 Continuation of powers.
    2.28.060 Transfer of powers and records.
    2.28.070 Provisions of former commission to apply.

Section 2.28.010 Commission created.
    A municipal planning and zoning commission is created pursuant to provisions of Article 66B of the Annotated Code of Maryland and all amendments thereto, said Article entitled "Zoning and Planning," and said commission to hereafter be known as the "Salisbury Planning and Zoning Commission." (Prior code § 31-1)

Section 2.28.020 Membership--Term.
    The Salisbury planning and zoning commission shall consist of seven members, who shall be appointed by the mayor and confirmed by the council. All members shall serve terms of five years or until a successor is appointed, and all members shall be eligible for reappointment. (Prior code § 31-2)

Section 2.28.030 Powers and duties.
    The Salisbury planning and zoning commission shall have all the powers and duties to conduct planning, zoning and other activities as authorized and delegated by the provisions of Article 66B of the Annotated Code of Maryland as amended. (Prior code § 31-3)

Section 2.28.040 Participation in countywide planning program.
    The Salisbury planning and zoning commission is authorized, after agreement between the mayor and city council and the Wicomico County Council, to participate in a countywide planning program under the applicable provisions of Article 66B of the Annotated Code of Maryland.* (Prior code § 31-4)

*  Editor's Note: On 10-24-72, the Mayor and Council adopted Resolution 162, to establish and participate in the Wicomico County Areawide Planning Organization. Said resolution reads as follows:
    "WHEREAS, Charter Counties are empowered by Article 25 of the Annotated Code of Maryland to engage in and carry out comprehensive planning; and
    "WHEREAS, legislative bodies of municipalities are empowered by Article 66B of the Annotated Code of Maryland to participate by resolution in a countywide planning program; and
    "WHEREAS, The City of Salisbury recognizes the importance of coordinating individual efforts of the city, county and town governments on mutual problems and concerns; and
    "WHEREAS, the formation of an Areawide Planning Organization with membership open to all municipalities in Wicomico County will further promote cooperative arrangements and coordination among its members and will study such areawide problems and plans as are common among its members;
    "NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Salisbury do hereby establish and become a member of the Wicomico County Areawide Planning Organization, which membership is recognized to include the county and all such municipalities in the county which by resolution shall become members and that membership shall be composed of representative(s) from the City of Salisbury, from Wicomico County and from each municipality according to bylaws to be adopted by the Organization, except that each representative shall be an elected official of the county or municipality or such other person(s) as the legislative body may designate; and
    "BE IT FURTHER RESOLVED, that the Wicomico County Areawide Planning Organization shall consist, in part, of the members of the Salisbury - Wicomico County Planning and Zoning Commission, which members shall serve on both bodies; and
    "BE IT FURTHER RESOLVED, that the Wicomico County Areawide Planning Organization is a review and advisory organization and does not replace nor assume any of the authority, duties nor responsibilities of the Salisbury - Wicomico County Planning and Zoning Commission nor of the Planning Commissions of any municipalities in Wicomico County."

Section 2.28.050 Continuation of powers.
    The newly established Salisbury planning and zoning commission created by this chapter shall have all the powers granted heretofore to any former planning and zoning commission of the city. (Prior code § 31-5)

Section 2.28.060 Transfer of powers and records.
    From and after the creation of the Salisbury planning and zoning commission described in this chapter, all powers and records of the former planning and zoning commission shall be transferred to and become a part of the official files of the newly established Salisbury planning and zoning commission. (Prior code § 31-6)

Section 2.28.070 Provisions of former commission to apply.
    All provisions relating in any way to the former Salisbury planning and zoning commission contained in any code or ordinance of the city of Salisbury, Maryland, not inconsistent with Article 66B of the Annotated Code of Maryland, shall apply to the newly established Salisbury planning and zoning commission. (Prior code § 31-7)
 

Sections:
    2.32.010 Lending or leasing of city-owned equipment.
    2.32.020 City purchases and sales controlled by director of procurement.
    2.32.030 Detailed estimates--Requisitions required.
    2.32.040 Direct purchases.
    2.32.050 Procedure for competitive bidding.
    2.32.060 Emergency purchases.
    2.32.070 Inspection of purchases.
    2.32.080 Disposition of surplus supplies.
    2.32.090 Authority to establish rules and regulations.
    2.32.100 Annual report--Recommendations for changes.

Section 2.32.010 Lending or leasing of city-owned equipment.
    A. The council may lend, lease or hire any city-owned equipment, machinery or other personal property to any person when, in the discretion of the council, conditions exist so that the lending, hiring or leasing thereof may be beneficial to the citizens of the city or to the citizens of the surrounding territory.
    B. The chief of the city of Salisbury fire department is authorized to provide automatic aid to areas lying outside of the Salisbury fire district in Wicomico County, by lending the appropriate fire and emergency medical equipment and apparatus, until January 1, 2003, or until an updated reimbursement agreement for fire and emergency medical services is reached between the city, Wicomico County, and the outlying jurisdictions, whichever is later.
    C. No agent, servant or employee of the city shall lend, lease or hire any of the equipment, machinery or other personal property of any kind or character owned by the city to any person, with the exception that any department head may authorize the lending or leasing of equipment, machinery, personal property or personnel for the purpose of providing mutual aid to federal, state, county or municipal governmental entities, including law enforcement, fire, rescue and emergency medical services, and emergency management and disaster assistance agencies. The city council shall be informed as soon as reasonable about any action by a department head. (Ord. 1832, 2001; Ord. 1751 § 1 (part), 2001)

Section 2.32.020 City purchases and sales controlled by director of procurement.
    Except for contracts to sell public debt securities, the director of procurement shall control all city purchases and sales and shall make or approve all city contracts for all supplies, materials, equipment or services needed by all offices, departments, institutions, boards, commissions and other agencies controlled by the city, which are supported wholly or partly by city funds, hereinafter in this chapter called the "using agencies." (Ord. 1751 § 1 (part), 2001)

Section 2.32.030 Detailed estimates--Requisitions required.
    All using agencies may at any time requisition any needed supplies, materials, equipment or service. Except in the case of direct purchases under Section 2.32.040, the filing of a proper requisition with the director of procurement shall be the first step in any city purchase or contract. Each such requisition shall be in writing, shall be signed by the head of the using agency, shall identify the article or service needed or specify the public work done or to be done and shall authorize the using agency's appropriation to be charged therefor. (Ord. 1751 § 1 (part), 2001)

Section 2.32.040 Direct purchases.
    A. Where immediate procurement is necessary to prevent delays in its work and resulting loss to the city, any using agency may be permitted by the director of procurement to purchase directly any minor items of supplies, materials, equipment or services, not in excess of four hundred dollars ($400.00) unit cost or an aggregate cost of one thousand dollars ($1,000.00). Each direct purchase shall be made in accordance with rules of procedure established by the director of procurement.
    B. The intent of this section is to permit direct purchase of minor items to prevent delays and loss and not as a substitute for advance planning of needs or as a regular method of recurring purchases of items. This section is not to be abused by unwarranted favoritism of one supplier or by division of one purchase into several small purchases, each less than four hundred dollars ($400.00). The director of procurement shall report to the council any violation or attempted violation of this section. (Ord. 1751 § 1 (part), 2001)

Section 2.32.050 Procedure for competitive bidding.
    Whenever the estimated value of the purchase or contract is twenty-five thousand ($25,000) or less, the council authorizes informal bidding procedures in the case of any single contract, purchase, or sale. Whenever the estimated value of the purchase or contract is in excess of twenty-five thousand ($25,000), the following procedures shall be followed:
    A. Determination of When Bidding Required. On receiving any requisition for any purchase or any request for the making of any contract or council approval of any sale of city property, the director of procurement shall estimate the value and shall determine whether the same appears to require competitive bidding and what form it should take. If in doubt, he/she may submit such question to the city solicitor, who shall render an opinion informally or in writing as may be requested by the director of procurement.
    B. Fixing of Terms, Conditions and Specifications of Bidding. After consulting the head of the using agency, the director of procurement shall fix and determine all the detailed terms and conditions of bidding pursuant to Article XVI of the Charter and this section, including the form and content of source selection, notices to bidders, times and conditions for bidding, specifications, surety for bids and other details. Bids may be requested in whole or in parts and with one or more alternates as the director of procurement may determine. In every instance, the city shall reserve the fight to reject any bids, waive any irregularities and make the award in the best interests of the city.
    Council approval shall be required for all unbudgeted capital outlay items and all capital outlay which exceeds budgeted funds. For budgeted goods and services, council approval shall only be required for contracts in excess of one hundred thousand dollars ($100,000.00).
    C. Methods of Source Selection. If the estimated value is twenty-five thousand dollars ($25,000.00) or more, the director of procurement shall solicit bids using one of the following methods:
    1. Competitive Sealed Bidding.
    a. A notice and invitation to bid shall be published at least once in a newspaper published in the city and allowing ample time for preparation of bids, but in no event less than seven calendar days before the date for submitting bids.
    i. A notice and invitation to bid shall be mailed to persons listed on the city's list of prospective bidders.
    ii. Other persons shall be notified by suitable means as the director of procurement my select, in his/her discretion, in order to discourage uniform bidding and to obtain as full and open competition as possible.
    b. Sealed bids submitted to the director of procurement on time shall be opened in public at the time and place designated and shall be tabulated, which shall be open to public inspection.
    i. The director of procurement, on his/her own authority, may reject all bids or any part thereof, and readvertise for bids when, in his/her judgment, the public interest will be served thereby.
    ii. The director my select the successful bidder by lot if the best bids are identical and the public interest will not permit the delay of readvertising.
    c. The director of procurement shall award the contract to the responsible bidder who submits the responsive bid that is either the lowest bid price, or is the lowest evaluated bid price, or is the bid most favorable to the city.
    d. If, after competitive sealed bids have been opened, the director of procurement determines that only one responsible bidder has submitted a responsive bid, the director of procurement may negotiate the procurement contract with that one bidder under the procedure for non-competitive negotiation (sole source procurement).
    e. After competitive sealed bids have been opened, the director may award a procurement contract on the basis of revised bids if:
    i. All bids are rejected.
    ii. All bid prices exceed the funds available for the procurement; or
    iii. The director determines that all bids are unreasonable as to at least one requirement and the delay that would result from issuing a new invitation for bids with revised specifications or quantities would be fiscally disadvantageous or otherwise not in the best interest of the city.
    iv. If there is more than one bidder, discussions about revised specifications or quantities shall be conducted with all responsible bidders who submitted responsive bids. The bidders shall be treated fairly and equally with respect to any discussions.
    v. An invitation for revised bids shall state whether the award will be made without competitive negotiations; such invitation is not subject to the notice requirements in subsection (C)(1)(a)(ii) of this section.
    vi. After revised bids have been submitted, negotiations with bidders may not be conducted unless the director determines that there is a compelling reason to negotiate. Award shall be made pursuant to subsection (1) of this section.
    2. Multi-Step Bidding.
    a. May be used when the director determines that an initial preparation of specifications for price bids is impracticable;
    b. Shall follow notice and invitation to bid requirements found in subsection (C)(1)(a)(ii) of this section;
    c. Includes a request for unpriced technical offer or samples;
    d. Directs bidders to submit sealed price bids separately either with the technical offers or after the technical offers are evaluated and they have been found acceptable under the criteria set forth in the invitation to bid;
    e. Only those prices submitted by bidders whose technical offers have been found acceptable will be considered;
    f. Sealed price bids may not be opened until after a complete evaluation of the technical offers has been made;
    g. Award is made pursuant to requirements under competitive sealed bidding.
    3. Competitive Sealed Proposals.
    a. Competitive sealed proposals may be used when the director of procurement determines that specifications cannot be prepared that allow an award based on the lowest bid price, the lowest evaluated bid price, or the bid most favorable to the city; or when the use of competitive sealed bidding is not practicable or not advantageous to the city.
    b. A request for proposals shall follow the notice and invitation to bid requirements found in subsection (C)(1)(a)(ii) of this section.
    c. A request for proposals shall include a statement of the scope of the procurement and the factors including price, that will be used in evaluating proposals and the relative importance of each factor.
    d. After receipt of proposals, but before award, the director may conduct discussions with an offeror to:
    i. Obtain the best price for the city;
    ii. Ensure full understanding of the city's requirements and the offeror's proposal.
    e. If discussions are conducted, the director:
    i. Shall provide an opportunity to participate to each responsible offeror who submits a proposal that, in the judgment of the director, is reasonably susceptible of being selected for award;
    ii. Shall treat all of those responsible offerors fairly and equally;
    iii. May allow all of those responsible offerors to revise their initial proposals by submitting best and final offers, if discussions indicate that it would be in the best interest of the city to do so;
    iv. May conduct more than one (1) series of discussions and requests for best and final offers; and
    v. May not disclose to an offeror any information derived from a proposal of or discussion with a competing offeror.
    f. Proposals are irrevocable for the period specified in the request. A best and final offer is irrevocable for the period specified in the request for best and final offers.
    g. The director shall award the procurement contract to the responsible offeror who submits the proposal or best and final offer determined to be the most advantageous to the city considering the evaluation factors set forth in the request for proposals.
    4. Competitive Negotiations.
    a. To be used for certain professional, architectural, engineering, or other specialized services;
    b. The director requests statements of qualifications and information including description of work, time estimate, past experiences, references, hourly rates, if applciable;
    c. All responses are evaluated and discussions may be conducted with any bidder to clarify qualifications or discuss the approach to the work;
    d. Once evaluations and discussions are completed, the using department head and the director shall select, in order of qualification ranking, at least three acceptable suppliers. The best qualified supplier is then requested to submit cost or pricing data. A contract is then negotiated with that supplier;
    e. If a contract cannot be negotiated, the reasons for failure are documented and the same process is followed with the next most qualified supplier.
    5. Noncompetitive Negotiation-Sole Source Procurement.
    a. Noncompetitive negotiation can be utilized if at least tow sources are available for the services but the absence of effective competition makes it unreasonable to expect bids or proposals from the available sources.
    b. A request for general expressions of interest shall be published in the same manner as required for invitation for bids, shall state the general requirements for services, and shall request interested service providers to respond in writing with general expressions of interest.
    c. The director may conduct discussions with any responsible service provider who has submitted an expression of interest; the director shall treat fairly and equally with respect to discussions all responsible service providers who have submitted expressions of interesst.
    d. The director may award a procurement contract to the provider offering the best price, conditions, and services and in the best interests of the city.
    e. Sole source procurement exits whenever the director determines that there is only one available source for the subject of a procurement contract and he/she may award the contract without competition to that source.
    6. Procedure for Informal Competitive Bidding.
    a. If the estimated value is less than twenty-five thousand ($25,000) the director of procurement shall solicit informal competitive bids by giving notice by mail, telephone, fax, or other means deemed effective by the director to such persons as he/she may select, at his/her discretion, in order to discourage uniform bidding and to obtain as full and open competition as possible.
    b. At least three competitive bids shall be secured whenever possible, and an award shall be made by the director to the lowest and best bid in the case of purchases or the highest and best bid in the case of sales.
    c. The director shall keep a record of all competitive bids submitted pursuant to this procedure, and such records shall be open in his/her office. (Ord. 1751 § 1 (part), 2001)

Section 2.32.060 Emergency purchases.
    A. Emergency Procurement Defined.  A procurement of goods, services or construction necessitated by any threatened dangerous condition or by a threatened imminent or unforeseen curtailment of an essential service or supply which, if not remedied by a precurement, will endanger or cause damage to health, life or property and which remedy cannot be accomplished through a timely procurement using normal procedures.
    B. Procurement During Regular Hours. Upon occurrence of an actual emergency, the director of procurement, on learning of such emergency and of the resulting need for immediate procurement by any using agency of any supplies, materials, equipment or services, shall seek approval, written if time permits, from the mayor to secure such goods and services in the open market at the lowest price obtainable without competitive bidding, regardless of the amount of the expenditure. If satisfied that an actual emergency exists and that such immediate procurement is necessary as a result, the mayor may give approval and the director may proceed with such procurement. The president of the council will also be informed as soon as possible.  In the absence or disability of the mayor, the director shall attempt to secure such approval from the executive officer to the mayor or the president of the council, in that order. If neither of them is available and the circumstances require, the director may proceed on his/her own authority.
    C. Procurement After Normal Business Hours. Upon occurrence of an actual emergency, those called out to handle said emergency shall notify their department head at that time of any required purchases necessary to mitigate the emergency. The director of procurement shall be notified as early as possible on the next working day of any goods or services purchased during the emergency. The mayor and president of the city council shall be notified as in subsection B of this section.
    D. Public Record. The director of procurement shall, at the earliest opportunity, obtain from the head of each using agency a requisition and a copy of the delivery record, together with a full written explanation of the circumstances of the emergency, whether or not during normal business hours, and such explanation shall be included as information to the council at the earliest opportunity and be open to public inspection. (Ord. 1751 § 1 (part), 2001)

Section 2.32.070 Inspection of purchases.
    The director of procurement shall inspect or arrange for the inspection of all deliveries of supplies, materials, equipment and services to determine their conformance with the specifications set forth in the order or contract. Any department having the staff and facilities for adequate inspection may be authorized by the director of procurement to inspect all deliveries made to such using agencies under rules and regulations which the director of procurement shall establish. The director shall have authority to require chemical and physical tests of samples of deliveries, which are necessary to determine their quality and conformance with the specifications. In the performance of such tests, the director shall have authority to make use of laboratory facilities of any agency of the city or any outside laboratory. (Ord. 1751 § 1 (part), 2001)

Section 2.32.080 Disposition of surplus supplies.
    All using agencies shall submit to the director of procurement, at such times and in such form as he/she may prescribe, a request to declare as surplus all supplies, materials and equipment, costing four hundred dollars ($400.00) or more and listed on the capital asset inventory, which are no longer used or which have become obsolete, worn out or scrapped. The director may transfer such stock to other agencies which have need for or can use it or, if not thus usable, may sell or otherwise dispose of same in accordance with the Charter. All supplies, materials and equipment costing less than four hundred dollars ($400.00), which are no longer used or which have become obsolete, worn out or scrapped, may be disposed of as determined by the department head of the department disposing of such property. (Ord. 1751 § 1 (part), 2001)

Section 2.32.090 Authority to establish rules and regulations.
    The city director of procurement shall establish and from time to time amend all rules and regulations authorized by this chapter and any others necessary to its operation. Such rules and regulations and amendments thereto shall be subject to the approval of the council. (Ord. 1751 § 1 (part), 2001)

Section 2.32.100 Annual report--Recommendations for changes.
    The city director of procurement shall also submit to the mayor, at the time prescribed by the mayor, an annual report on the work of his/her office and may from time to time suggest changes in this chapter which he/she deems necessary. (Ord. 1751 § 1 (part), 2001)
 

Sections:
    2.36.010 Purpose.
    2.36.020 Objectives.
    2.36.030 Disposition policies.
    2.36.040 Procedure.
    2.36.050 Selection of winning proposals.
    2.36.060 Design review.
    2.36.070 Award of bid.
    2.36.080 Disposition contract.
    2.36.090 Applicability.

Section 2.36.010 Purpose.
    The purpose of this chapter is to provide rules and regulations which enable the mayor and city council to establish uniform procedures for the disposition of city-owned surplus or unused property and to provide that such surplus or unused property be developed in the most appropriate use for public purposes. (Prior code § 33-12)

Section 2.36.020 Objectives.
    The objectives of this chapter are to:
    A. Establish a process for declaring city-owned property surplus or unused, selecting a winning proposal and negotiating a contract for the sale or lease;
    B. Encourage the development of surplus or unused property in a manner which will best promote and be in the best interest of the citizens of the city of Salisbury;
    C. Encourage future private development activities that will maximize the public investment in existing capital improvements and will further promote the use and enjoyment of existing parking facilities, streets, highways, bridges, the Riverfront Park and open spaces, beautification efforts and the Downtown Pedestrian Plaza;
    D. Increase the city's assessable tax base with a resulting increase in tax revenues generated for the benefit of all citizens of Salisbury;
    E. Prevent land speculation and to promote the expeditious development of surplus or unused property which is sold to a private individual. (Prior code § 33-13)

Section 2.36.030 Disposition policies.
    In order to carry out the objectives of this chapter, the following policies form the basis of the mayor and city council's actions in the disposition of surplus or unused city-owned real estate:
    A. To assure that all who may be interested in developing real property owned by the city of Salisbury which is surplus or unused are given an equitable opportunity to participate;
    B. To assure that such development will begin and be completed within a reasonable time;
    C. To promote the assembly of city-owned and adjacent privately owned property in order to encourage development. (Prior code § 33-14)

Section 2.36.040 Procedure.
    The following procedure shall guide the sale of city-owned surplus or unused real property:
    A. The city purchasing agent shall determine whether city-owned land is surplus or unused in accordance with the city charter and make recommendations to the city council as to the sale or disposition of such property.
    B. The city council may approve the sale or disposition of such property, and, if approved, the purchasing agent shall be directed to publish a notice inviting proposals for development.
    C. A notice inviting proposals shall be published in a local newspaper of general circulation for not less than thirty (30) days prior to the date that proposals shall be made, and such notice shall identify the specific property to be sold, the site size and location.
    D. The purchasing agent shall establish the manner in which all proposals shall be submitted in response to the notice. All proposals for the purchase of said surplus or unused property shall contain sufficient information to specifically address the items listed in Section 2.36.050 and be accompanied by a deposit of ten percent of the bid price. (Prior code § 33-15)

Section 2.36.050 Selection of winning proposals.
    After all bids have been opened and all information reviewed and compiled, the purchasing agent shall make a report to the city council; the city council shall then consider all such information, the nature of all development proposals and make a selection which, in the council's judgment, is the highest and best proposal and in the best interest of the city, considering the following factors:
    A. The demonstrated financial and legal ability of the person making the proposal to implement the proposal;
    B. The significance of the proposal in having a positive impact on the city of Salisbury;
    C. The potential of the development for providing employment opportunities;
    D. The monetary value offered for the surplus land, as well as the monetary value of the proposed development after completion;
    E. A preliminary development plan for the property which shall consist of a description of all proposed uses and the type of development proposed for the property and the preliminary design of all proposed buildings and structures and a preliminary site plan showing a footprint of the proposed buildings or structures and all amenities proposed to be developed on the site;
    F. Such other and further factors as the city council may wish to consider. (Prior code § 33-16)

Section 2.36.060 Design review.
    In the event that several proposals are received for the same parcel or if the city council is uncertain as to the impact of the proposed development or the proposed design accompanying the bid, the city council may appoint a design review committee consisting of at least two people who shall be qualified in architecture, landscaping or site design to review the design of the proposed buildings and site plan and report their findings to the city council. (Prior code § 33-17)

Section 2.36.070 Award of bid.
    The city council shall make an award by resolution and proceed to sell or dispose of the property pursuant to the terms of a disposition contract. The disposition contract for the sale of the property shall not merge into any deed, and the disposition contract shall contain the requirements of Section 2.36.080(A) and such other specific requirements as the city council deems necessary to accomplish the purposes of this chapter. As a condition precedent to the city's obligation to convey the property, the purchaser shall submit to the city evidence satisfactory to the city that the purchaser has the equity capital and commitments for mortgage financing necessary for the construction of the improvements to the property. The city council may not convey such property until after the disposition contract is executed. (Prior code § 33-18)

Section 2.36.080 Disposition contract.
    A. In addition to the regulations set forth in the city building code, zoning code, historic district ordinance and other applicable codes and ordinances, the following controls shall be implemented by provisions in a disposition contract as are considered appropriate by the city council:
    1. The purchaser of surplus or unused property shall devote such parcel to the uses as are specified in the development plan which has been provided to the city of Salisbury;
    2. The purchaser shall agree, for itself and its successors and assigns and every successor in interest to the property or any part thereof, and the deed shall contain covenants that the purchaser and any such successors and assigns shall devote the property to and only to and in accordance with the uses specified in the development plan;
    3. The purchaser shall agree, for itself, its successors and assigns and every successor in interest to the property or any part thereof, and the deed shall contain covenants that the purchaser and any such successors and assigns shall promptly begin and diligently prosecute to completion the development of the property through the construction of the improvements thereon, and that such construction shall in any event be begun and completed within the period specified in the disposition contract;
    4. The deed conveying the property shall expressly provide that the agreements and covenants provided for in the development plan shall be covenants running with the land and shall be binding on the land for the benefit and in favor of the city;
    5. The purchaser shall represent and agree that its purchase of the property and its other agreements pursuant to the development plan and disposition contract are and will be used for the purpose of development of the property and not for speculation in land holding;
    6. None of the provisions of this chapter or the disposition contract are intended to or shall be merged by reason of any deed transferring title to the property to the purchaser or to any successor in interest;
    7. All said final plans for structures, site improvements, landscaping, parking, etc., shall be approved as required by the city code and shall also be approved by the mayor and city council before a deed conveying the property shall be executed;
    8. The purchaser shall agree to retain the interest it acquires in such property until construction of the required development is completed and shall agree not to sell, lease or otherwise transfer the interest acquired or any part thereof without the prior written consent of the city of Salisbury until the city shall have certified, in writing, that the purchaser has completed construction. In the absence of any such written agreement, no such transfer shall be effective and shall not relieve the purchaser of its obligations under the disposition contract;
    9. The purchaser shall agree that prior to completion of the development, it may not mortgage or encumber the property except for the purpose of obtaining funds to purchase the property and funds only to the extent necessary for making the improvements. The city shall agree that no mortgagee shall be required to construct or complete the improvements. The purchaser shall agree that in the event of default in the purchaser's mortgage, the city shall have the option of paying to the holder the amount of the mortgage debt and securing an assignment of the mortgage and the debt secured thereby;
    10. The purchaser shall agree that in the event that prior to conveyance of the property to the purchaser, the purchaser, in violation of the disposition contract, assigns or attempts to assign the disposition contract or does not submit a final development plan within the time as required by the disposition contract or does not pay the purchase price and take title to the property upon tender of conveyance by the city pursuant to the disposition contract, then, in such event, the disposition contract, at the option of the city, shall be terminated, and the deposit shall be retained by the city as liquidated damages;
    11. The purchaser shall agree that in the event that subsequent to the conveyance of the property to the purchaser, the purchaser shall default in or violate the disposition contract, prior to the completion of the development as certified by the city, including but not limited to failing to construct the improvements, or shall abandon or substantially suspend construction work or by failing to begin or complete the project in the period specified in the disposition contract or by failing to pay real estate taxes or suffer any levy or attachment or any unauthorized change in ownership and such violation is not cured after sixty (60) days' written demand by the city, then the city shall have the right to reenter and take possession of the property and to terminate (and revest in the city) the estate conveyed by deed to the purchaser and declare a termination of the disposition contract and reverter of the property to the city, and the city shall have, in such event, the power to execute and file for record in the land records a declaration of termination of all right, title and interest of the purchaser, provided that this provision shall be limited by and shall not defeat or limit the lien of any mortgage authorized by the disposition contract and shall not apply to any parts or parcels upon which the improvements have been completed in accordance with the disposition contract and for which a certificate of completion has been issued.
    a. The purchaser shall not be in default for failure to complete the project if such failure is caused by an enforced delay due to unforeseen causes beyond his control and without his fault or negligence, provided that the purchaser, within ten days of the start of any such enforced delay, has notified the city, in writing, and requested an extension for the period of the enforced delay,
    b. Upon reverting of title in the city, the city shall use its best efforts to resell the parcel or part thereof as soon as is feasible and consistent with the city's objectives to a qualified party (as determined by the city) who will assume the obligation of completing the improvements or such other improvements in their stead as shall be satisfactory to the city.
    c. Upon resale of the property, the proceeds thereof shall be applied:
    i. First, to reimburse the city for all costs and expenses incurred by the city, including employees' salaries in connection with the recapture, management and resale of the property or part thereof; all taxes, assessments and water and sewer charges with respect to the property or part thereof; any payments made to discharge any encumbrances or liens on the property or portion thereof; any expenditures or obligations incurred with respect to making or completing the improvements; any other amounts owed or due to the city by the purchaser and his successors or transferees; and,
    ii. Second, to reimburse the purchaser, his successor or transferee up to the amount equal to the sum of the purchase price paid by him for the property (or allocable to the part thereof) and the cash actually invested by him in the making of the improvements on the property or part thereof, less any gains or income withdrawn or made by him from the development plan or from the property;
    iii. Any balance remaining after such reimbursements shall be retained by the city as its property;
    12. Easements for installation and maintenance of utilities shall be reserved to the city of Salisbury as required;
    13. Promptly after completion of the improvements in accordance with the provisions of the disposition contract relating to the obligation of the purchasers to construct the improvements, the city will furnish the purchaser with an appropriate instrument in recordable form so certifying. Such certification by the city shall be (and it shall be so provided in the deed and in the certification itself) a conclusive determination of satisfaction and termination of the development plan and covenants therein and in the deed with respect to the obligations of the purchaser and its successors and assigns to construct the improvements and the dates for the beginning and completion thereof. With respect to such individual parts or sections, the purchaser may convey such portions as the improvements constructed therein are completed, and the city shall make such certification as it is related to the portion completed;
    14. Any required control or covenant set forth herein may be modified or waived by the city council.
    B. Amendments. The disposition contract for the sale of surplus or used property may be modified, including provisions pertaining to land use, building and site modification, before or after the transfer of property with written approval of the city council by resolution. (Prior code § 33-19)

Section 2.36.090 Applicability.
    A. The disposition contract's controls shall be applicable to the entire tract when a purchaser combines his adjacent property with city surplus or unused property for development, subject to waiver or modification by the mayor and city council.
    B. The transfer or conveyance of remnant parcels of surplus or unused land resulting from street closing or other land transactions of the city where such parcels are not regarded as disposition parcels shall not be affected by the provisions of this chapter.
    C. This chapter does not apply to any urban renewal project as such disposition is provided for in the city of Salisbury Charter, § SC13-1 et seq., nor shall this chapter modify the language of any bond ordinance. (Prior code § 33-20)
 

Sections:
    2.40.010 Custody by police department.
    2.40.020 Return.
    2.40.030 Methods of disposition.
    2.40.040 Disposition of proceeds.
    2.40.050 Claims to proceeds.

Section 2.40.010 Custody by police department.
    All tangible personal property recovered, abandoned, unclaimed or stolen that comes into the possession of the Salisbury police department shall be held until the department determines that its custody is no longer necessary in connection with any prosecution or claim. (Prior code § 118-1)

Section 2.40.020 Return.
    After the expiration of the period referred to in Section 2.40.010, any tangible personal property shall be delivered to the person who satisfactorily establishes his right to its possession and gives a proper receipt therefor. (Prior code § 118-2)

Section 2.40.030 Methods of disposition.
    Any remaining tangible personal property that has been in the possession of the department for a period of at least ninety (90) days may be disposed of as follows:
    A. By giving notice of the disposition of such property by ordinary mail to those persons entitled to its possession and to those lienholders whose names and addresses can be ascertained by the exercise of reasonable diligence;
    B. Thereafter, such property may be disposed of in accordance with Charter and code provisions. A certificate by the purchasing department that personal property has been sold pursuant to this section shall constitute sufficient evidence of title to such property for all purposes. (Prior code § 118-3)

Section 2.40.040 Disposition of proceeds.
    The amount received from the sale of personal property in accordance with this section shall be distributed in the following order of priority:
    A. To lienholders in order of their priority;
    B. Subject to the provisions of Section 2.40.050, to the general fund of the city of Salisbury. (Prior code § 118-4)

Section 2.40.050 Claims to proceed.
    At any time within three years from the date of such sale, any person submitting satisfactory proof of his right to possession of such personal property shall be paid, without interest, the amount distributed to the general fund pursuant to Section 2.40.040(B). After the expiration of three years from the date of such sale, such claims shall be absolutely barred. (Prior code § 118-5)

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125 N. Division St.
Salisbury, MD 21801-4940
mchurch@ci.salisbury.md.us