CHARTER OF THE TOWN OF
FOREST HEIGHTS
PRINCE GEORGE’S COUNTY, MARYLAND
As found in the 1967 Supplement to the
Public Local Laws of Prince George’s County
1963 Edition, as amended
through November 16, 2005
This edition of the Charter for The Town of Forest Heights, Maryland was prepared by Councilman George Wiggers on January 27, 2006, and may contain minor typographical errors. The original Charter, as filed with the State of Maryland, should be used for any legal purposes.
TABLE OF CONTENTS
33–1. Incorporated; general powers
33–7. Council to be judge of qualifications of its members
Registration, Nominations, and Elections
33–28. Time and Place of Registration
33–37. Preservation of ballots
33–40. Treasurer appointment compensation
33–41. Same; powers and duties
33–48. Over-expenditures forbidden
33–58. Tax anticipation borrowing
33–60. Referendum on storm drainage improvements
33–61. Payment of indebtedness
33–63. Purchases and contracts
33–69. Compensation of employees
33–70. Employees' benefit programs
33–72. Public ways; definition
33–76. Petitions for public improvements
33–80. Acquisition: possession: disposal
33–86. Prior rights and obligations
33–89. Effect of charter on existing ordinances
33–91. Separability provisions
Section 33–1. Incorporated; general powers.
The inhabitants of the Town of Forest Heights within the corporate limits legally established from time to time are hereby constituted and continued a body corporate by the name of "The Town of Forest Heights" with all the privileges of a body corporate, by that name to sue and be sued, to plead and be impleaded in any court of law or equity, to have and use a common seal and to have perpetual succession, unless the Charter and the corporate existence are legally abrogated. (Ch. Res. No. 1, August 21, 1963, sec. 1.)
Section 33–2. Boundaries; described.
(a) Filing. The courses and distances showing the exact corporate limits of the Town shall be filed at all times with the Clerk of the Circuit Court of Prince George's County, the Commissioner of the Land Office, the Director of the Department of Legislative Reference, and the Secretary of State of Maryland.
A copy of the courses and distance describing the corporate boundaries shall be on file in the office of the Mayor or of the Town Clerk. All the officials named in this section are hereby directed to file or record all such descriptions of corporate boundaries so filed with them, each in a suitable book or place, properly indexed and reasonably available for public inspection during normal business hours.
The boundaries of the Town of Forest Heights shall be as follows:
(b) Original boundaries. The original corporate boundaries:
(1) Being all of those tracts of land comprising Sections Two (2), Three (3), Four (4), Five (5), Six (6), and Seven (7), of the subdivision known as Forest Heights, Prince George's County, Maryland, as per plat thereof duly recorded among the Plat Records of said county as follows:
Section 2, Forest Heights, B. B. No. 8, Folio 43.
Section 3, Forest Heights, B. B. No. 9, Folio 77.
Section 4, Forest Heights, B. B. No. 10, Folio 13.
Section 5, Forest Heights, B. B. No. 10, Folio 14.
Section 6, Forest Heights, B. B. No. 10, Folio 24.
Section 7, Forest Heights, B. B. No. 10, Folio 51.
(2) Also that parcel of land bounded on the East by the Indian Head Highway, on the south and southeast by the Parkway Drive and the intersection of Parkway Drive with the Indian Head Highway, on the west by the boundaries of the rear line of the lots of block (C), Section 2 on Parkway Drive, and on the north by the northern boundary, extended east, of the rear line of the lots of Block (C), Section 2 on Huron Drive.
(3) Also that parcel of land east of the Indian Head Highway, south of Livingston Road, and bounded on the east and south by Sections 5 and 6, as specified above. For the purposes of incorporation all the above tracts of land shall be regarded as contiguous, so that if gaps or islands should be found between them as a result of resurveys or surveyor's mistakes or inaccuracies, such gaps and islands shall be part of the incorporated area.
(c) First extension. The boundaries of the Town of Forest Heights are hereby extended to include the following three parcels of land.
(1) Beginning for the same at the intersection of the Westerly and Southerly outline of Section 7 in the Subdivision of Forest Heights as per plat thereof recorded among the Land Records of Prince George's County, Maryland in Plat Book B. B. 10, Folio 51 and running thence (1) N. 87̊ 46' 30" W. 361.32 ft., thence with the Eastern line of the United States Government Hospital land to wit: (2) N. 11̊ 6' 20" E. 184 ft. (3) N. 1̊ 31' 20" E. 231. ft. (5) N. 39̊ 42' 40" W. 346.50 ft. (6) N. 49̊ 13' 40" W. 297.00 ft. (7) N. 5̊ 1' 20" E. 242.88 ft. (8) N. 25̊ 28' 40" W. 423.72 ft. thence leaving the said Hospital lands (9) N. 46̊ 08' 20" E. 413.27 ft. (10) S. 43̊ 51' 40" E. 865.31 ft. (11) S. 13̊ 10' 30" E. 1185.15 ft. (12) S. 6̊ 43' 30" W. 364.43 ft. to the place of beginning, containing 25,4142 acres more or less, as per plat and survey made by Charles W. Menard, Surveyor, December, 1952.
(2) Beginning for the same in the East line of the Prince George's County School holdings at the North line of Block C, Section 2 of the Subdivision of Forest Heights as incorporated under Chapter 142 of the Acts of the General Assembly of Maryland in the year 1949 and running thence (1) N. 15̊ 18' W. 80 ft. (2) N. 74̊ 42' E. 4.33 ft. (3) N. 15̊ 18' W. 371.47 ft. thence leaving the aforementioned East boundary of the School property (4) N. 75̊ 15' 15" E. 50 ft. (5) S. 15̊ 18' E. 241.02 ft. (6) N. 74̊ 42' E. 566.41 ft. (7) thence with the arc of a curve 29.19 ft. drawn to a radius of 390 ft. and having a delta angle of 18̊ 27' 20" and curving from Northerly to Easterly, thence (8) with the arc of a curve 29.83 ft. drawn to a radius of 22.54 ft. and curving from Northerly to Westerly, thence (9) N. 74̊ 42' E. 185.19 ft. (10) S. 6̊ 25' 40" 80.97 ft. thence (11). with the arc of a curve 28.32 ft. drawn to a radius of 20 ft. and curving from Northerly to Westerly, thence (12) S. 74̊ 42' W. 77.16 ft. (13) thence 109.48 ft. with the arc of a curve drawn to a radius of 340 ft., and having a delta angle of 18̊ 27' 20" and curving from Westerly to Southerly, thence (14) S. 6̊ 25' 40" E. 164.48 ft. to the North boundary line of Block C, Section 2 of Forest Heights Subdivision aforementioned and with said North boundary line (15) S. 74̊ 42' W. 611.18 ft. to the place of beginning and containing, ........ acres, more or less, as per plat and survey made by Charles W. Menard, Surveyor, December, 1952.
(3) Beginning for the same at a point on the East side of the Indian Head Naval Reservation Access Road, said point at being at the Southwest corner of Lot No. 3, Block V, Section 5 of Forest Heights, said Section 5 being recorded among the Plat Records of Prince George's County, Maryland in Plat Book B.B. No. 10, page 14, Section 5 being also cited in Section 2. House Bill No. 119, Chapter 142, an Act to incorporate The Town of Forest Heights, Maryland, said point of beginning being also at the Northwest corner of Lot No. 1, Block 3, Section 8 "Forest Heights" as recorded among said Plat Records in Plat Book W.N.W. 20, page 9A, thence leaving said road and running with the divisional line between Sections 5 and 8, which divisional line is also the present south boundary of Forest Heights, South 89 degrees 20 minutes 50 seconds East 453.67 feet to the Southeast corner of Lot 3, Block U, Section 5 of said Forest Heights, thence with the divisional line between said Sections 5 and 8, being the present east boundary line of Forest Heights, North 00 degrees 35 minutes West approximately 667 feet to a stone at the North corner of the lot now owned by the Washington Suburban Sanitary Commission, said stone being the beginning point of the First Parcel described in a deed dated April 16, 1951 and recorded among the Land Records of Prince George's County, Maryland, in Liber 1355 at folio 144 whereby the property was conveyed to William S. Banks and C.E. Banner by Oxon Hills, Inc., thence running with the 9th or last line of said conveyance reversed South 48 degrees 49 minutes East 829.60 feet to a gas pipe, thence continuing South 48 degrees 49 minutes East 26.40 feet to an old granite stone marked "B Cantor," said granite stone being the beginning point of the Second Parcel described in said conveyance and known as Lot No. 8, "Oxon Hill Manor," thence running with the lines of Lot No. 8 reversed the 8 following courses and distances (1) North 74 degrees East 57 1/12 perches (914.9 feet), (2) South 28 degrees 30 minutes East 8 perches (132 feet), (3) South 19 degrees 30 minutes East 26 perches (429 feet), (4) South 2 degrees 30 minutes East 29 1/2 perches (486.75 feet), (S) South 81 degrees 30 minutes West 18 perches (297 feet), (6) South 85 degrees West 13 14/25 perches (223.7 feet), (7) South 60 degrees 30 minutes West 27 18/25 perches (457.40 feet), and (8) North 46 degrees 45 minutes West 51 perches (841.5 feet) to intersect the 8th or North 34 degrees 10 minutes East 1952.05 foot line of the First Parcel, thence running with part of said 8th line reversed South 34 degrees 10 minutes West approximately 1194 feet to the said East side of the Indian Head Naval Reservation Access Road, thence running with the said side of said road approximately 1325 feet to the point of beginning. Including all of the subdivision known as Section 8, "Forest Heights," as per plats thereof recorded among the Land Records of Prince George's County, Maryland, in Plat Book W. W. W. 21, Folio 32 and Plat Book W. W. W. 20, Folio 95, part of the First Parcel and all of the Second Parcel above referred to and such other land subdivided or not subdivided as comes within the above defined area.
(d) Second extension. The boundaries of the Town of Forest Heights are hereby extended to include the following parcels of land:
(1) Beginning at an iron pipe located North 74 degrees 42 minutes East 4.33 feet from the Southeast corner of Lot 26 in Block 200 in the subdivision known as Section 10, Forest Heights, as per plat recorded in Plat Book WWW No. 19, Plat No. 15 among the Land Records of Prince George's County, Maryland and running thence South 74 degrees 42 minutes West 1286.76 feet and running thence North 12 degrees 50 minutes 50 seconds East 375.16 feet to an iron pipe, thence North 22 degrees 19 minutes 50 seconds East 99 feet to an iron pipe, thence North 71 degrees 05 minutes 30 seconds East 722.16 feet to an iron pipe, thence North 75 degrees 15 minutes 15 seconds East 328.60 feet to an iron pipe located in the Westerly line of Chester Street as shown on the recorded plat of Section 10, Forest Heights and running thence with the Westerly side of Chester Street projected and extended South 15 degrees 18 minutes East approximately 452 feet to the place of beginning; compromising all that portion of said Section 10, Forest Heights located West of the Westerly line of Chester Street, as projected and extended to the Southerly line of said subdivision; otherwise known as Forest Heights Elementary School.
(2) Beginning at a point in the eighth line of a deed from Rosa E. Wasney, widow, to John W. Miller, dated June 19th 1942, and being recorded among the Land Records of Prince George's County in Liber 652, Folio 394, said point of beginning being situated 150 feet measured radially from Station 879, 36.78 of the base line of Right of Way, as said base line of Right of Way is delineated on State Roads Commission's Plat No. 13600, said point of beginning being also the intersection of said eighth line with the northerly Right of Way line of the Washington Circumferential Highway, running thence and binding on a part of said northerly Right of Way line of the Washington Circumferential Highway by a curve to the left having a radius of 3014.79 feet for a distance of 615.88 feet, said curve being subtended by a chord S. 67 degrees, 37 minutes, 10 seconds West 614.81 feet to intersect a line established as the title line between the properties of the State of Maryland to the use of the State Roads Commission of Maryland and the Board of Education of Prince George's County, running thence and binding on the aforementioned title line between the State of Maryland to the use of the State Roads Commission of Maryland and the Board of Education of Prince George's County North 24 degrees, 18 minutes, 10 seconds, West 607.30 feet to intersect the sixth line of the aforementioned deed from Rosa E. Wasney, widow, to John W. Miller, running thence and binding on said sixth line North 34 decrees, 13 minutes, 50 seconds East 349.08 feet to the end thereof, thence leaving said sixth line and binding on a part of the seventh and eighth lines of the aforementioned deed from Rosa E. Wasney, widow, to John W. Miller South 50 degrees, 01 minutes, 23 seconds East 834.50 feet and South 13 degrees, 37 minutes and 30 seconds West 73.92 feet to the place of beginning, containing 8.20 acres; otherwise known as Flintstone Elementary School.
(e) Third extension. The boundaries of Forest Heights are hereby extended to include the following parcel of land:
Part or parcel of that certain tract of land shown in Plat recorded among the Land Records of Prince George's County, Maryland in Plat Book 22 at Plat 32, lying immediately North of Block numbered Two Hundred Three (203) and extending North 74 degrees 42 minutes East 214 feet more or less to the line of a storm drain easement; thence North 69 degrees 30 minutes West 260 feet more or less to the eastward line of Chester Way:, thence South 15 degrees 18 minutes West 152 feet more or less to the northward line of Lot 1 in Block 203 at the point of beginning; containing 16,050 square feet of land, more or less.
(f) Fourth extension. The boundaries of Forest Heights are hereby extended to include the following parcels of land:
Parcel # 1. Beginning at an iron pipe on the south right-of-way line of the Washington Circumferential Highway (Highway Plat No. 13600 & 14599), said pipe being on the division line between Lots 6 and 7, Joseph S. Wasney's "Oxon Hill Manor," Oxon Hill District, Prince George's County, Maryland, and running with the West line of Lot 7, S 5 deg. 21 min. 30 sec. E, 771.22 feet to an iron pipe (P. CC.) on the North side of Oxon Hill Road (Highway Plat 3084), thence with said road on a curve whose Radius= 289.79 feet, Delta= 4 deg. 18 min. 43 sec., Arc= 217.86 feet, S 75 deg. 36 min. 10 sec. W, Chord= 217.80 feet to a C. S., thence with a chord spiral, S 72 deg. 14 min. 40 sec. W, 151.03 feet to a S. T., thence S 72 deg. 01 min. 50 sec. W, 83.39 feet to an iron pipe; thence leaving Oxon Hill Road and running with the East line of the Oxon Hill Lutheran Church N 20 deg. 53 min. 30 sec. W, 202.91 feet to a stone; thence N 12 deg. 05 min. 30 sec. W, 422.07 feet to an iron pipe (P. CC.); thence with the South right-of-way line of the Washington Circumferential Highway on a curve whose Radius= 879.93 feet, Delta= 6 deg. 51 min. 35 sec., Arc= 105.35 feet. N 44 deg. 31 min. 00 sec. E, Chord= 105.31 feet to an iron pipe, thence with a curve whose Radius= 2714.79 feet, Delta= 10 deg. 32 min. 06 sec., Arc= 499.17 feet, N 64 deg. 16 min. 10 sec. E. Chord= 498.47 feet to the point of beginning.
This part of Lot 6. Joseph S. Wasney's "Oxon Hill Manor" contains 8.4823 acres. Present owner is Forest Heights Baptist Church, Liber 2221 at Folio 514.
Parcel #2. Being part of the land of the State Roads Commission of Maryland as shown on Highway Plat No. 14599 and being more particularly described as follows: Beginning at a point on the South right-of-way line of the Washington Circumferential Highway, said point being the Northwest corner of the Forest Heights Baptist Church property as described in Liber 221 at Folio 514; thence N 06 deg. 21 min. 40 sec. E, 406.26 feet to the Southwest corner of the Flintstone Elementary School property, said point being located on the North right-of-way line of the Washington Circumferential Highway; thence along the North right-of-way line on a curve having a Radius= 3014.79 feet. Delta= 11 deg. 42 min. 17 sec. Arc= 615.88 feet, Tangent= 309.02 feet, Chord= 614.81 feet, and a Chord Bearing of N 67 deg. 36 min. 20 sec. E to a point, said point being a corner of the Flintstone Elementary School property: thence S 14 deg. 39 min. 00 sec. W, 358.12 feet to the Northeast corner of the Forest Heights Baptist Church property, said point being on the South right-of-way line of the aforesaid highway; thence along the South right-of-way line of said highway on a curve having a Radius= 2714.79 feet, Delta= 10 deg. 32 min. 06 sec., Arc. [=] 499.17 feet, Tangent= 250.29 feet, Chord= 498.47 feet and a Chord Bearing a S 64 deg. 16 min. 10 sec. W to a point; thence continuing along the South right-of-way line on a curve having a Radius= 879.93 feet, Delta= 06 deg. 51 min. 35 sec., Arc= 105.35 feet, Tangent= 52.74 feet, Chord= 105.31 feet and a Chord Bearing of S 44 deg. 31 min. 00 sec. W to the point of beginning, containing 4.1441 acres. (Ch. Res. No. 1, August 21, 1963. sec. 2.)
Section 33–3. Number; selection; term.
All legislative powers of the Town shall be vested in a Council consisting of the Mayor and six Councilmen who shall be elected as hereinafter provided and who shall hold office for a term of two years or until the succeeding Council takes office. The regular term of Councilmen shall expire on the first Wednesday following the election and qualification of their successors. Councilmen holding office on October 10, 1963, shall continue to hold office for the term for which they were elected and until the succeeding Council takes office under the provisions of this Charter. (Ch. Res. No. 1, August 21, 1963, sec. 3.)
Councilmen shall have resided in the Wards of the Town they represent for at least one year immediately preceding their election, shall be qualified voters of the Town, and shall maintain a permanent residence in the Town during their term of office. (Ch. Res. No. 1, August 21, 1963, sec. 4.)
Each Councilman shall receive an annual salary as specified from time to time by an ordinance passed by the Council in the regular course of its business. Provided, however, that the salary specified at the time any Councilman takes office shall not be changed during the term for which that Councilman was elected. The ordinance making any change in the salary paid to the several Councilmen, either by way of increase or decrease, shall take effect only as the terms of the members of the Council which enacted it expire. (Ch. Res. No. 1, August 21, 1963, sec. 5.)
The Council shall meet at 8:00 P.M. on the third Wednesday in May of each year for the purpose of organization, after which the Council shall meet the third Wednesday of each month.
Special meetings shall be called by the Town Clerk upon the request of the Mayor or at least three of the members of the Council. All meetings of the Council shall be open to the public, and the rules of the Council shall provide that residents of the Town shall have a reasonable opportunity to be heard at any meeting in regard to any municipal question. (Ch. Res. No. 1, August 21, 1963. sec. 6.)
Section 33–7. Council to be judge of qualifications of its members.
The Council shall be the judge of the qualifications, as contained in Sections 33–4 and 33–16, of its members. (Ch. Res. No. 1, August 21, 1963, sec. 7.)
The Mayor shall serve as Chairman of the Council. The Mayor may take part in all discussions, and shall have a vote on any question before the Council. The Council shall elect a President of the Council from among its members who shall act as Chairman of the Council in the absence of the Mayor. (Ch. Res. No. 1, August 21, 1963, sec. 8.)
A majority of the members of the Council shall constitute a quorum for the transaction of business, but no ordinance or resolution shall be approved without the favorable votes of four members of the Council. (Ch. Res. No. 1, August 21, 1963, sec. 9.)
The Council shall determine its own rules and order of business. It shall keep a journal of its proceedings and enter therein the yeas, nays, and abstentions upon final action on any question, resolution, or ordinance, or at any other time if required by any one member. The journal shall be open to public inspection. (Ch. Res. No. 1, August 21, 1963, sec. 10.)
In case of a vacancy on the Council for any reason, the Council shall elect some person qualified in accordance with Section 33–4 to fill such vacancy for the remainder of the unexpired term. Provided, that the person appointed shall reside in the same ward as his predecessor. The results of any such vote shall be recorded in the minutes of the Council. (Ch. Res. No. 1, August 21, 1963, sec. 11.)
No ordinance shall be passed at the meeting at which it is introduced. At any regular or special meeting of the Council held not less than six nor more than sixty days after the meeting at which an ordinance was introduced, it shall be passed, or passed as amended, or rejected, or its consideration deferred to some specified future date. In cases of emergency the above requirement may be suspended by the affirmative votes of five members of the Council. Every ordinance, unless it be passed as an emergency ordinance, shall become effective at the expiration of thirty calendar days. An emergency ordinance shall become effective on the date specified in the ordinance. A summary of each ordinance shall be published at least twice in the "Forest Heights News," the town newsletter or in a newspaper or newspapers having general circulation in the municipality. (Ch. Res. No. 1, August 21, 1963, sec. 12.)
If, before the expiration of thirty calendar days following passage of any ordinance, a petition is filed with the Town Clerk containing the signatures of not less than twenty per centum (20%) of the qualified voters of the Town and requesting that the ordinance, or any part thereof, be submitted to a vote of the qualified voters of the Town for their approval or disapproval, the Council shall have the ordinance, or the part thereof requested for referendum, submitted to a vote of the qualified voters of the Town at the next regular Town election or, in the Council's discretion, at a special election occurring before the next regular election. No ordinance, or the part thereof requested for referendum, shall become effective following the receipt of such petition until and unless approved at the election by a majority of the qualified voters voting on the question. An emergency ordinance, or the part thereof requested for referendum, shall continue in effect for sixty days following receipt of such petition. If the question of approval or disapproval of any emergency ordinance, or any part thereof, has not been submitted to the qualified voters within sixty days following receipt of the petition, then the operation of the ordinance, or the part thereof requested for referendum shall be suspended until approved by a majority of the qualified voters voting on the question at any election. Any ordinance, or part thereof, disapproved by the voters, shall stand repealed.
The provisions of this section shall be self-executing, but the Council may adopt ordinances in furtherance of these provisions and not in conflict with them. The Council may, at its discretion, require a referendum on an ordinance, without a petition being presented. (Ch. Res. No. 1, August 21, 1963, sec. 13.)
Section 33–14. Files of ordinances.
Ordinances shall be permanently filed by the Town Clerk and shall be kept available for public inspection. (Ch. Res. No. 1, August 21, 1963, sec. 14.)
Section 33–15. Selection and term.
The Mayor shall be elected as hereinafter provided and shall hold office for a term of four years or until his successor is elected and qualified. The newly elected mayor shall take office on the first Wednesday following his election. The Mayor holding office on January 6, 2006 shall cease to hold office and the Council, by an enactment, shall appoint, elect or cause a new mayor to be elected under the provisions of this Charter. (Ch. Res. No. 6 Nov. 16, 2005.)
Section 33–16. Qualifications.
The Mayor shall have resided in the Town for at least one year immediately preceding his election, shall be a qualified voter of the Town, and shall maintain a permanent residence in the Town during his term of office. (Ch. Res. No. 1, August 21, 1963, sec. 16.)
The Mayor shall receive an annual salary as set from time to time by an ordinance passed by the Council in the regular course of business. Provided, however, that no change shall be made in the salary for any Mayor during the term for which he was elected. The ordinance making any change in the salary paid to the Mayor, either by way of increase or decrease, shall be finally ordained prior to the municipal election to elect the next succeeding Mayor, and shall take effect only as to the next succeeding Mayor. (Ch. Res. No. 1, August 21, 1963, sec. 17.)
Section 33–18. Powers and duties.
(Paragraph letters re-sequenced Ch. Res. No. 3 Nov. 16, 2005.)
(a) Appointments. The Mayor with the approval of the Council, shall appoint the heads of all offices, departments, and agencies of the Town government as established by this Charter or by ordinance. All paid appointees in the employ of the Town of Forest Heights including the Town Treasurer, Town Clerk, the Chief of Police and other department heads whose appointment (s) are secured by the approval of the Town Council of Forest Heights, shall retain their appointment and employment with the Town of Forest Heights until at least a majority of the Town Council of Forest Heights approve, through formal voting, said appointee's termination after having convened a hearing, before the Town Council, of the charges warranting said appointee's dismissal. Recommendation to terminate any appointment rests solely and exclusively with the Mayor of the Town of Forest Heights. All subordinate officers and employees of the offices, departments, and agencies of the Town government shall be appointed and/or removed by the respective department or agency head with the approval of the Mayor and Town Council, in accordance with rules and regulations in any merit system which may be adopted by the Council. In the absence of a department head, promotion or removal of subordinate officers and employees shall be made by the Mayor with the written approval of majority of the Town Council and in accordance with any budget and merit system which may be adopted by the Council. (Ch. Res. No. 4 Nov. 16, 2005.)
(b) Reports. The Mayor each year shall report to the Council the condition of municipal affairs and make such recommendations as he deems proper for the public good and the welfare of the Town.
(c) Finances; budget. The Mayor shall prepare or have prepared annually a budget and submit it to the Council. (Ch. Res. No. 5 Nov. 16, 2005.)
(d) Other. The Mayor shall have such other powers and perform such other duties as may be prescribed by this Charter or as may be required of him by the Council, not inconsistent with this Charter. (Ch. Res. No. 1; August 21, 1963, sec. 18.)
In case of a vacancy in the office of Mayor, the Council shall elect some person qualified in accordance with Section 33–17 to fill such vacancy for the remainder of the unexpired term. The results of any such vote shall be recorded in the minutes of the Council. (Ch. Res. No. 1, August 21, 1963, sec. 19; Res. No. 6, October 7, 1982.)
(a) General. The Council shall have the power to pass all such ordinances not contrary to the Constitution and laws of the State of Maryland or this Charter as it may deem necessary for the good government of the Town; for the protection and preservation of the Town's property, rights, and privileges; for the preservation of peace and good order; for securing persons and property from violence, danger, or destruction; and for the protection and promotion of the health, safety, comfort, convenience, welfare, and happiness of the residents of the Town and visitors thereto and sojourners therein.
(b) Specific. The Council shall have, in addition, the power to pass ordinances not contrary to the laws and Constitution of this State, for the following specific purposes:
(1) Advertising. To provide for advertising for the purposes of the Town, for printing and publishing statements as to the business of the Town.
(2) Aisles. To regulate and prevent the obstruction of aisles in public halls, churches and places of amusement, and to regulate the construction and operation of the doors and means of egress therefrom.
(3) Amusements. To provide in the interest of the public welfare for licensing, regulating, or restraining theatrical or other public amusements.
(4) Appropriations. To appropriate municipal monies for any purpose within the powers of the Council.
(5) Auctioneers. To regulate the sale of all kinds of property at auction within the Town and to license auctioneers.
(6) Billboards. To license and regulate, restrain or prohibit the erection or maintenance of billboards within the Town, the placing of signs, bills and posters of every kind and description on any building, fence, post, billboard, pole, or other place within the Town.
(7) Bridges. To erect and maintain bridges.
(8) Buildings. To make reasonable regulations in regard to buildings and signs to be erected, constructed, or reconstructed in the Town, and to grant building permits for the same; to formulate a building code and a plumbing code and to appoint a building inspector and a plumbing inspector, and to require reasonable charges for permits and inspections; to authorize and require the inspection of all buildings and structures and to authorize the condemnation thereof in whole or in part when dangerous or insecure, and to require that such buildings and structures be made safe or be taken down.
(9) Codification. To provide for the codification of all ordinances which have been or may hereafter be passed.
(10) Community Services. To provide, maintain, and operate community and social services for the preservation and promotion of the health, recreation, welfare, and enlightenment, of the inhabitants of the Town.
(11) Cooperative activities. To make agreements with other municipalities, counties, districts, bureaus, commissions, and governmental authorities for the joint performance of or for cooperation in the performance of any governmental functions.
(12) Curfew. To prohibit the youth of the Town from being in the streets, lanes, alleys, or public places at unreasonable hours of the night.
(13) Dangerous conditions. To compel persons about to undertake dangerous improvements to execute bonds with sufficient sureties conditioned that the owner or contractor will pay all damages resulting from such work which may be sustained by any persons or property.
(14) Departments. To create, change, and abolish offices, departments, or agencies, other than the offices, departments and agencies established by this Charter; to assign additional functions or duties to offices, departments, or agencies established by this charter, but not including the power to discontinue or assign to any other office, department or agency any function or duty assigned by this Charter to a particular office department, or agency.
(15) Disorderly houses. To suppress bawdy houses, disorderly houses and houses of ill fame.
(16) Dogs. To regulate the keeping of dogs in the Town.
(17) Explosives. To regulate or prevent the storage of gunpowder, oil, or any other explosive or combustible matter; to regulate or prevent the use of firearms, fireworks, bonfires, explosives, or any other similar things which may endanger persons or property.
(18) Filth. To compel the occupant of any premises, building or outhouse situated in the Town, when the same has become filthy or unwholesome, to abate or cleanse the condition; and after reasonable notice to the owners or occupants to authorize such work to be done by the proper officers and to assess the expense thereof against such property, making it collectible by taxes or against the occupant or occupants.
(19) Finances. To levy, assess, and collect ad valorem property taxes; to expend municipal funds for any public purpose; to have general management and control of the finances of the Town.
(20) Fire. To suppress fires and prevent the dangers thereof and to establish and maintain a fire department; to contribute funds to volunteer fire companies serving the Town; to inspect buildings for the purpose of reducing fire hazards, to issue regulations concerning fire hazards, and to forbid and prohibit the use of fire-hazardous buildings and structures permanently or until the conditions of Town fire-hazard regulations are met; to install and maintain fire plugs where and as necessary, and to regulate their use; and to take all other measures to control and prevent fires in the Town.
(21) Food. To inspect and to require the condemnation of, if unwholesome, and to regulate the sale of, any food products.
(22) Franchises. To grant and regulate franchises to electric light companies, gas companies, telegraph and telephone companies, transit companies, taxicab companies, and any others which may be deemed advantageous and beneficial to the Town, subject, however, to the limitations and provisions of Article 23 of the Annotated Code of Maryland. No franchise shall be granted for a longer period than fifty years.
(23) Gambling. To restrain and prohibit gambling.
(24) Garbage. To prevent the deposit of any unwholesome substance either on private or public property, and to compel its removal to designated points; to require slops, garbage, ashes and other waste or other unwholesome materials to be removed to designated points, or to require the occupants of the premises to place them conveniently for removal.
(25) Grants-in-Aid. To accept gifts and grants of Federal or of State funds from the Federal or State governments or any agency thereof, and to expend the same for any lawful public purpose, agreeably to the conditions under which the gifts or grants were made.
(26) Hawkers. To license, regulate, suppress and prohibit hawkers and itinerant dealers, peddlers, pawnbrokers and all other persons selling any articles on the streets of the Town, and to revoke such licenses for cause.
(27) Health. To protect and preserve the health of the Town and its inhabitants; to appoint a public health officer, and to define and regulate his powers and duties; to prevent the introduction of contagious diseases into the Town; to establish quarantine regulations and to authorize the removal and confinement of persons having contagious or infectious diseases; to prevent and remove all nuisances; to inspect, regulate, and abate any buildings, structures, or places which cause or may cause unsanitary conditions or conditions detrimental to health; provided, that anothing [nothing] herein shall be construed to affect in any manner any of the powers and duties of the State Board of Health, the County Board of Health, or any public general or local taw relating to the subject of health.
(28) Jail. To establish and regulate a station house or lock-up for temporary confinement of violators of the laws and ordinances of the Town or to use the County Jail for such purpose.
(29) Licenses. Subject to any restriction imposed by the public general laws of the State, to license and regulate all persons beginning or conducting transient or permanent business in the Town for the sale of any goods, wares, merchandise, or services, to license and regulate any business, occupation, trade, calling, or place of amusement or business; to establish and collect fees and charges for all licenses and permits issued under the authority of this Charter.
(30) Liens. To provide that any valid charges, taxes or assessments made against any real property within the Town shall be liens upon such property, to be collected as municipal taxes are collected.
(31) Lights. To provide for the lighting of the Town.
(32) Livestock. To regulate and prohibit the running at large of cattle, horses, swine, fowl, sheep, goats, dogs or other animals; to authorize the impounding, keeping, sale and redemption of such animals when found in violation of the ordinance in such cases provided.
(33) Minor privileges. To regulate or prevent the use of public ways, sidewalks, and public places for signs, awnings, posts, steps, railings, entrances, racks, posting handbills and advertisements, and display of goods, wares and merchandise.
(34) Noise. To regulate or prohibit unreasonable ringing of bells, crying of goods or sounding of whistles and horns.
(35) Nuisances. To prevent or abate by appropriate ordinance all nuisances in the Town which are so defined at common law, by this Charter, or by the laws of the State of Maryland, whether the same be herein specifically named or not; to regulate, to prohibit, to control the location of, or to require the removal from the Town of all trading in, handling of, or manufacture of any commodity which is or may become offensive, obnoxious, or injurious to the public comfort or health. In this connection the Town may regulate, prohibit, control the location of, or require the removal from the Town of such things as stockyards, slaughterhouses, cattle or hog pens, tanneries, and renderies. This listing is by way of enumeration, not limitations.
(36) Obstructions. To remove all nuisances and obstructions from the streets, lanes and alleys and from any lots adjoining thereto, or any other places within the limits of the Town.
(37) Parking facilities. To license and regulate and to establish, obtain by purchase, by lease or by rent, own, construct, operate, and maintain parking lots and other facilities for off street parking.
(38) Parks and recreation. To establish and maintain public parks, gardens, playgrounds, and other recreational facilities and programs to promote the health, welfare, and enjoyment of the inhabitants of the Town.
(39) Police force. To establish, operate, and maintain a police force. All Town policemen shall, within the municipality, have the powers and authority of constables in this State.
(40) Police powers.
(a) To prohibit, suppress, and punish within the Town all vice, gambling, and games of chance; prostitution and solicitation therefor and the keeping of bawdy houses and houses of ill fame; all tramps and vagrants; all disorder, disturbances, annoyances, disorderly conduct, obscenity, public profanity, and drunkeness.
(b) To enforce all ordinances relating to disorderly conduct and the suppression of nuisances equally within the limits of the Town and beyond those limits for one half mile, or for so much of this distance as does not conflict with the powers if [of] another municipal corporation or the District of Columbia.
(41) Property. To acquire by conveyance, purchase of gift, real or leasable property for any public purposes; to erect buildings and structures thereon for the benefit of the Town and its inhabitants; and to convey any real or lease hold property when no longer needed for the public use, after having given at least twenty days' public notice of the proposed conveyance; to control, protect and maintain public buildings, grounds and property of the Town.
(42) Quarantine. To establish quarantine regulations in the interests of the public health.
(43) Regulations. To adopt by ordinance and enforce within the corporate limits police, health, sanitary, fire, building, plumbing, traffic, speed, parking, and other similar regulations not in conflict with the laws of the State of Maryland or with this Charter.
(44) Sidewalks. To regulate the use of sidewalks and all structures in, under or above the same; to require the owner or occupant of premises to keep the sidewalks in front thereof free from snow or other obstructions; to prescribe hours for cleaning sidewalks.
(45) Sweepings. To regulate or prevent the throwing or depositing of sweepings, dust, ashes, offal, garbage, paper, handbills, dirty liquids, or other unwholesome materials into any public way or onto any public or private property in the Town.
(46) Taxicabs. To license, tax, and regulate public hackmen, taxicab men, draymen, drivers, cabmen, porters and expressmen, and all other persons pursuing like occupations.
(47) Vehicles. To regulate and license wagons and other vehicles not subject to the licensing powers of the State of Maryland.
(48) Voting machines. To purchase, lease, borrow, install, and maintain voting machines for use in Town elections.
(49) Weed control. To protect the public health and safety by ordering the elimination of the accumulation of refuse, the growth of weeds, the presence of stagnant water or of combustible material from any unimproved lot or vacant premises within the Town. If after written notice, the owner or person in charge of any unimproved lot or vacant premises, fails to comply with such notice, the Town through its officers and agents shall have the power to enter upon the premises and cause such menace to public health and-safety to be abated. Notice of the reasonable costs incurred by the Town shall be delivered or mailed to the person in charge of the property and to the person in whose name the property is assessed for taxation. If the costs shall not be paid within sixty days from the giving of such notice the Town of Forest Heights may recover the costs by civil action, or may fix a date from a hearing to determine whether the costs should be assessed against the property as a special tax. Notice of such hearing shall be posted on the property and sent by registered mail to the last known address of the person in whose name the property is assessed for taxation. If the name of the owner of the property be unknown, or the owner be a non-resident of Prince George's County, notice of the proposed assessment and of the date and place of the hearing shall be published once a week for three consecutive weeks in some newspaper having General circulation in the County. At the hearing, unless good cause to the contrary be shown, the Mayor and Council shall have authority to levy the reasonable costs incurred by the Town, together with the expense of advertising, as a special tax against the property. The assessment shall be certified by the Town Clerk to the treasurer, to be added to the annual tax bill against the property to be collected in the same manner as ordinary taxes are collected and subject to the same interest and penalty for non-payment as provided by law for the non-payment of town taxes. Such special tax shall constitute a lien against the property from the date of the assessment until paid.
(50) Saving clause. The enumeration of powers in this section is not to be construed as limiting the powers of the Town to the several subjects mentioned. (Ch. Res. No. 1, August 21, 1963, sec. 20; Res. No. 6, Sept. 15, 1982.)
Section 33–21. Exercise of powers.
For the purpose of carrying out the powers granted in this subtitle or elsewhere in this Charter, the Council may pass all necessary ordinances. All the powers of the Town shall be exercised in the manner prescribed by this Charter, or, if the manner be not prescribed, then in such manner as may be prescribed by ordinance. (Ch. Res. No. 1, August 21, 1963, sec. 21.)
Section 33–22. Enforcement of powers.
(a) To ensure the observance of the ordinances of the Town, the Council shall have the power to provide that violation thereof shall be a misdemeanor and shall have the power to affix thereto penalties of a fine not exceeding five hundred dollars ($500.00) or imprisonment for not exceeding ninety days, or both such fine and imprisonment. Any person subject to any fine, forfeiture, or penalty by virtue of any ordinance passed under the authority of this Charter shall have the right of appeal within ten days to the Circuit Court of the County in which the fine, forfeiture, or penalty was imposed. The Council may provide that, where the violation is of a continuing nature and is persisted in, a conviction for one violation shall not be a bar to a conviction for a continuation of the offense subsequent to the first or any succeeding conviction.
(b) To further ensure the observance of the ordinances of the Town, the Council shall have the power to provide that violation thereof be a municipal infraction enforceable as provided under the general laws of the State and shall have the power to affix thereto a penalty of a fine not exceeding one hundred dollars ($100.00) for the first offense and a fine of two hundred dollars ($200.00) for each repeat offense. (Ch. Res. No. 1., August 21, 1963, sec. 22; Res. No. 6, October 7, 1982.)
Registration, Nominations, and Elections
Every person who at the time of a Town election resides within the corporate limits of the Town, is qualified to vote in Prince George's County, Maryland, and is registered to vote with the Board of Election Supervisors for Prince George's County, Maryland, (hereinafter the County Board of Elections or County Board) shall be deemed registered and qualified to vote in that Town election. (Ch. Res. No. 1, August 21, 1963, sec. 23; Res. No. 4, April 8, 1982; Res. No. 1, May 19, 1989.)
Section 33–23A. Absentee Balloting.
Any qualified voter registered to vote in the elections of the Town of Forest Heights is entitled to vote in the municipal election by absentee ballot. The following persons may vote as an absentee voter under this Section:
(a) Any qualified voter registered to vote who may be absent from the Town of Forest Heights on any election day.
(b) Any qualified voter registered to vote, whose physical disability or confinement in or restriction to an institution prevents or will prevent him from being present and personally voting at the polls on any election day.
(c) Absentee ballots must be received no later than the close of the polls on election day.
A qualified voter desiring to vote in any election by absentee ballot shall make an application in writing to the Board for an absentee ballot. The application must be received no later than 7 days before the election. The application shall contain an affidavit, which need not be under oath, but which shall set forth the information required under this Section, under penalty of perjury. The application shall contain the following information:
(a) The voter's name and residence address;
(b) That the person is a qualified voter at the residence given;
(c) If the person voted at the preceding election, the residence address from which he voted; and
(d) That the voter expects in good faith to be unable to vote in person for the reasons set forth above in (a) or (b). (Res. No. 1, April 8, 1982.)
Section 33–24. Board of Elections.
There shall be a Board of Elections (hereinafter, the Town Board of Elections, Town Board, or Board where appropriate), consisting of three members who shall be appointed by the Mayor with the approval of the Council on or before the first Monday in March in every odd numbered year. The terms of members of the Town Board of Elections shall begin on the first Monday in March in the year in which they are appointed and shall run for two years. Members of the Town Board of Elections shall be qualified voters of the Town. A person is eligible to serve as a member of the Board if the person:
a. Is a qualified voter of the Town.
b. Does not hold and is not a candidate for elective office in the Town during his term of office.
c. Is not the spouse, mother, father, sister, brother, son or daughter of a person who holds or is a candidate for elective office in the Town during his term of office.
d. Is able to read and interpret all pertinent election laws.
The board shall appoint one of its members as Chairman. Vacancies on the board shall be filled by the Mayor with the approval of the Council for the remainder of the unexpired term. The compensation shall be determined by the Council. (Ch. Res. No. 1, August 21, 1963, sec. 24; Res. No. 7, 1982; Res. No. 1, May 19, 1989.)
Any member of the Town Board of Elections may be removed for good cause by the Council. Before removal, the member of the Town Board of Elections to be removed shall be given a written copy of the charges against him and shall have a public hearing on them before the Council if he so requests within ten days after receiving the written copy of the charges against him. (Ch. Res. No. 1, August 21, 1963, sec. 25; Res. No. 1, May 19, 1989.)
The Town Board of Elections shall, before each town election, obtain from the County Board of Elections a list of registered voters of Prince George's County, Maryland, who reside in the Town and check the accuracy of that list with respect to Town residency and ward residency of voters. The Town Board of Elections shall recommend any corrections required to the County Board of Elections. The Town Board shall be in charge of all of the procedures required for nomination and shall conduct all Town elections. The board may appoint election clerks or employees to assist it in any of its duties. The Town Board of Elections shall utilize the provisions of the election laws contained in Article 33 of the Annotated Code of Maryland (1957 Edition, as amended) concerning the casting and counting of ballots and the general election procedures in so far as these provisions are applicable to elections in the Town of Forest Heights and are consistent with the provisions of this Charter. (Ch. Res. No. 1, August 21, 1963, sec. 26; Res. No. 1, May 19, 1989; Res. No. 1, May 9, 1991.)
The Town Board of Elections shall give at least two weeks notice of every election by an advertisement published in the "Forest Heights News," the town newsletter, or in at least one newspaper of general circulation in the Town and by posting a notice thereof in some public place or places in the Town. Notice of election shall contain the purpose of the election including a description of any questions for referendum. Provided, however, that notice for runoff elections authorized in Section 33–36 need only be within one week of the election date. (Ch. Res. No. 1, August 21, 1963, sec. 27; Res. No. 1, May 19, 1989.)
Section 33–28. Time and Place of Registration.
(a) The time and place of registration of persons who qualify for voting in a town election in accordanced [accordance] with Section 23 herein shall be as set