CUMBERLAND CITY CODE  


Latest version.
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    Published in 1991 by Order of the Mayor and Council

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    Adopted: September 10, 1991

    Effective: September 10, 1991

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    OFFICIALS

    of the

    CITY OF

    CUMBERLAND, MARYLAND

    AT THE TIME OF THIS CODIFICATION

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    Harry Stern

    Mayor

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    Dellann Campbell

    Joseph Freno

    Ursula Franklin

    Harvey M. May, Jr.

    City Council

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    William Z. Burke

    Acting City Administrator

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    H. Jack Price, Jr.

    City Solicitor

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    Audrey C. Wolford

    City Clerk

    PREFACE

    This Code constitutes a complete recodification of the general and permanent ordinances of the City of Cumberland, Maryland.

    Source materials used in the preparation of the Code were the city's 1966 Code, as supplemented through June 1977, and ordinances subsequently adopted by the mayor and council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1966 Code, as supplemented, and any subsequent ordinance included herein.

    The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

    Numbering System

    The numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of Chapter 1 is numbered 1-2 and the first section of Chapter 4 is 4-1. Under this system, each section is identified with its chapter and at the same time new sections or even whole chapters can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 3-1 and 3-2 is desired to be added, such new section would be numbered 3-1.5. New chapters may be included in the same manner. If the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division.

    Indices

    The indices have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indices themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

    Looseleaf Supplements

    A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

    Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

    Acknowledgments

    This publication was under the direct supervision of Roger D. Merriam, Supervising Editor, and Connie Timmons, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

    The publisher is most grateful to City Clerk Audrey C. Wolford and City Solicitor H. Jack Price, Jr., for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

    MUNICIPAL CODE CORPORATION
    Tallahassee, Florida

     

    ADOPTING ORDINANCE

    ORDINANCE NO. 3099

    An Ordinance of the Mayor and City Council of Cumberland Entitled "An Ordinance Adopting and Enacting a New Code for the City of Cumberland, Maryland; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When Such Code and This Ordinance Shall Become Effective."

    Section 1: BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CUMBERLAND that the Code entitled "Cumberland City Code," published by Municipal Code Corporation, consisting of Chapters 1 to 25, each inclusive, is hereby adopted.

    Section 2: AND BE IT FURTHER ORDAINED that all ordinances of a general and permanent nature enacted on or before March 12, 1991, and not included in the Code or recognized and continued in force by reference therein are repealed.

    Section 3: AND BE IT FURTHER ORDAINED that the repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

    Section 4: AND BE IT FURTHER ORDAINED that, unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be guilty of a misdemeanor and punished by a fine not exceeding one thousand dollars ($1,000.00), imprisonment not exceeding six (6) months, or both such fine and imprisonment. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and a revocation of licenses or permits.

    Section 5: AND BE IT FURTHER ORDAINED that additions or amendments to the Code, when passed in the form as to indicate the intention of the city to make the same a part of the Code, shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

    Section 6: AND BE IT FURTHER ORDAINED that ordinances adopted after March 12, 1991, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

    Section 7: AND BE IT FURTHER ORDAINED that this ordinance shall take effect from the date of its passage.

    Passed this 10th day of September, 1991.

    /s/
          Harry Stern, Mayor

       

    ATTEST:

    /s/
          Audrey C. Wolford, City Clerk