THE CITY
OF
ORDINANCE NO: G-08-5
FOR THE PURPOSE of
amending the Code of the City of Frederick, 1966, as amended, to update and
reorganize certain provisions; to add certain provisions in conjunction with
the removal thereof from the Charter; and to eliminate redundancy and
inconsistencies within and among existing Code provisions
BY REPEALING Chapter 7, Article I, Section 7-1,
entitled “Precinct boundaries", and ENACTING a new Section 7-1 entitled
"Voter registration";
BY REPEALING Chapter 7, Article I, Section 7-2,
entitled “Board of supervisors of elections--Office", and ENACTING a new
Section 7-2 entitled "Absentee voting";
BY REPEALING Chapter 7, Article I, Section 7-3,
entitled "Same--Clerk", and ENACTING a new Section 7-3 entitled
"Conduct and operation of elections";
BY AMENDING Chapter 7, Article I, Section 7-4,
entitled "Judges of election";
BY REPEALING Chapter 7, Article I, Section 7-5,
entitled "Use of voting machines";
BY AMENDING Chapter 7, Article I, Section 7-6,
entitled "Selection of registration and polling places";
BY AMENDING Chapter 7, Article I, Section 7-7,
entitled "Corrupt practices; penalty", and renaming it to be
"Illegal electioneering and corrupt practices";
BY AMENDING Chapter 7, Article II, Section 7-8, entitled "Certificates to
be preserved";
BY REPEALING Chapter 7, Article II, Section 7-9,
entitled "Lists to be published";
BY REPEALING Chapter 7, Article II, Section 7-10,
entitled "Declined nominations";
BY AMENDING Chapter 7, Article II, Section 7-11,
entitled "Method of filling vacancies";
BY AMENDING Chapter 7, Article III, Section 7-12,
entitled "Purpose";
BY AMENDING Chapter 7, Article III, Section 7-13,
entitled "Applicability";
BY AMENDING Chapter 7, Article III, Section 7-14,
entitled "Definitions";
BY AMENDING Chapter 7, Article III, Section 7-16,
entitled "Campaign finance entities", in subsection (d), entitled
"Closure";
BY AMENDING Chapter 7, Article III, Section 7-21,
entitled "Campaign finance reports required";
BY AMENDING Chapter 7, Article III, Section 7-24,
entitled "Enforcement and penalties";
BY REPEALING Chapter 7, Article III, Section 7-25,
entitled "Severability"; and
BY REPEALING Appendix I, entitled "Absentee Voters"
BE IT ENACTED AND ORDAINED BY THE MAYOR
AND BOARD OF ALDERMEN OF THE CITY OF
Section 1. Chapter 7, Article I of the
Sec.
7-1. Voter registration.
(a) Qualifications. Except as provided in subsection (b) of this section,
an individual may become registered to vote if the individual: (i) is a citizen
of the United States; (ii) is a resident of The City of Frederick for at least
thirty (30) days prior to the next City election; and (iii) is at least
eighteen (18) years old or will be 18 years old on or before the day of the
next City election.
(b)
Disqualifiers.
An individual may not become registered to vote if the individual: (i)
has been convicted of a felony and is currently serving a court-ordered
sentence of imprisonment, including any term of parole or probation for the conviction;
(ii) is under guardianship for mental disability; or (iii) has been convicted
of buying or selling votes.
(c)
Appeals.
Any person who feels aggrieved at any action of the Board of Supervisors
of Elections or its staff shall have the right of appeal from a refusal to
register him as a qualified voter, the removal or misspelling of his or of any
other person’s name, or the registration or nonregistration of any fictitious,
deceased, or other disqualified person. Such appeal may be brought at any time
except that it may not be later than the third Tuesday preceding the election.
The appeal shall be taken by filing a petition, verified by affidavit, in the
Frederick County Circuit Court, setting forth the ground of the application and
asking to have the files corrected. The
Court may, upon the presentation of evidence satisfactory to it, in its
discretion, dispose of the matter summarily or in its discretion, otherwise set
the matter for hearing and direct summons to be issued. Upon appropriate order
of court, the Board of Supervisors of Elections shall make the required
corrections indicating that such changes have been made pursuant to order of
court. In determining whether any person
is or is not a resident of any precinct, it shall be presumed that if a person
is shown to have acquired a residence in one locality, he retains the same
until it is affirmatively shown that he has acquired a residence
elsewhere. An appeal may be taken from
any ruling of such Court to the Court of Special Appeals. Any such appeal shall
be taken within five (5) days from the date of the decision complained of and
the appeal shall be heard and decided by the Court of Special Appeals as soon
after the transmission of the record as practicable.
(d) Method of registering. Persons
qualified to register or change their current registration information may do
so at any time the Frederick County Board of Elections office is open and
accepting voter registration applications, except thirty (30) days preceding or
ten (10) days following any City election.
Any registered voter who moves from the precinct in which such voter is
registered, either to another state or to some other place within the state, or
to another precinct of the City, shall, not less than thirty (30) days after
such move, notify the Frederick County Board of Elections office, in writing,
of the address to
which the voter has moved.
(e)
Records.
All voter registration records are open for public inspection.
Section 2. Chapter 7, Article I of the
Sec.
7-2. Absentee voting.
(a) Requirements. A registered
voter in The City of Frederick who is qualified to vote in any City election as
an absentee voter shall personally complete the prescribed absentee ballot
application and submit it to the Frederick County Board of Elections office on
or before the Tuesday preceding the
election. Any registered voter in the City may vote by
absentee ballot if:
(1) The voter is absent for any reason from the City on
the day of the election; or
(2) The voter is prevented, because of physical
disability or confinement in or restriction to any institution, from being
present and personally voting at the polls on the day of the election.
(b) Determination of valid registration;
delivery of ballots. Upon receipt of an absentee ballot
application, the staff of the Frederick County Board of Elections shall
determine whether the applicant is a voter legally registered to vote in the
election, and if they find he is not so registered, shall reject the
application. If the staff find that the applicant is a registered voter as
stated in his application, they shall deliver to him at the Frederick County
Board of Elections office, or shall mail to him at an address designated by
him, an absentee ballot and related information. Postage for mailing absentee
ballot material to the voter shall be paid by the Board of Supervisors of
Elections, and postage for the return of the absentee ballot shall be paid by
the voter.
(c)
Record of applications. The
staff of the Frederick County Board of Elections shall keep a record of
absentee ballot applications as they are received showing the names and
residences of the applicants and where the ballot was delivered. These records
are available for public inspection.
(d)
Registration of absentee ballots. Upon receipt of an application for an
absentee ballot and the delivery to the registered voter of an absentee ballot,
the staff of the Frederick County Board of Elections shall cause the voter’s
name on the precinct printout delivered to the person’s election precinct a
notation stating that the person is voting by absentee ballot.
(e) Emergency absentee
ballots.
(1)
Requirements. After the Tuesday preceding an election and
before the time the polls close on election day, a qualified voter may apply
for an emergency absentee ballot if the voter:
(A) Is unable to be present at the polls as a result of
illness or accident;
(B) Is unable to be present at the polls because of a
death or serious illness in the
person’s immediate family; or
(C) Is required by an emergency to be absent from the
City on the day of election.
(2)
Determination of valid registration; delivery of ballots. Upon receipt
of the emergency absentee ballot application, the staff of the Frederick County
Board of Elections shall review the application. If the staff of the Frederick
County Board of Elections determines that the person meets the requirements of
this section, it shall issue an emergency absentee ballot to the applicant or
the applicant's authorized agent. This
absentee ballot shall be marked by the voter, placed in a sealed envelope, and
returned to the Frederick County Board of Elections office. If the applicant does not apply in person,
the applicant shall designate a registered voter in the City or County as agent
for the purpose of delivering the absentee ballot to the voter. The agent shall
execute an affidavit under penalty of perjury that the ballot was delivered to
the voter who submitted the application, was marked by the voter in the agent’s
presence, was placed in a sealed envelope in the agent’s presence, and
returned, under seal, to the Frederick County Board of Elections office.
(f)
Canvassing of absentee ballots. An absentee ballot is timely received, and
will be counted, if it is postmarked on or before the date of the election and
received by the Frederick County Board of Elections no later than 10 am on the
second Wednesday after the primary election and no later than 10 am on the
second Friday after the general election. Not later than the canvass of the
votes cast at the polling places, the Board of Supervisors of Elections shall
proceed to count, certify and canvass the ballots contained in the absentee
ballot envelopes. If, during this time,
the Board of Supervisors of Elections determines that the voter died before the
date of the election, it shall reject and not count the deceased voter's
absentee ballot.
(g)
Penalties.
Any person who shall falsely apply for an absentee ballot under the
provisions of this section, shall be guilty of a misdemeanor, and, upon
conviction, shall be sentenced to pay a fine of not more than one thousand
dollars ($1,000.00), or be sentenced to imprisonment for not more than two (2)
years, or both, at the discretion of the court.
Section 3. Chapter 7,
Article I of the Frederick City Code is amended by repealing Section 7-3,
entitled "Same--Clerk", and enacting a new Section 7-3, entitled
"Conduct and operation of elections", to read as follows:
Sec.
7-3. Conduct and operation of elections.
(a)
Records.
All office procedures, transactions and record maintenance relating to
any election of The City of Frederick shall be conducted under the supervision
of the Board of Supervisors of Elections.
All election data must be preserved for at least five years from the
date of the election. All voted ballots used in any election must be preserved
for at least two years from the date of the election. Unused ballots must be
retained until the election results have been certified, after which they may
be destroyed.
(b) Notice of elections. Twice before each City election, the Board of
Supervisors of Elections shall give notice of elections by publishing notice in
a newspaper of general circulation in The City of Frederick. Each notice must include the hours of the
polls, listing of polling places, and the offices and questions to be voted
upon at the election. The first notice
must be published at least eight days before any City election. At the same
time the first notice is published, a copy of the specimen ballot listing the
candidates’ names and offices, party affiliation, and questions must also be
published. The second notice must be
published the day before the election.
(c) Voting Machines. The use of voting equipment is hereby authorized for
all City elections.
(d) Polls
Open.
For all City elections, the polls shall remain open from 7 a.m. to 8
p.m.
(e)
Unofficial Vote Totals. As soon as the polls have closed following
any City election, the judges of elections shall produce unofficial vote totals
for each polling place and post them at the polling place in a prominent
location, accessible to the public.
Thereafter, the judges of elections shall complete all reports required
by law and deliver to the Frederick County Board of Elections office all voted
ballots, documents, and other election-related materials.
(f)
Voter Assistance.
(1)
Instructions. At the request of any voter, an election
judge shall instruct the voter, before the voter enters the voting booth,
regarding the marking of a ballot.
(2) Assistance to certain persons. Any voter who
declares under oath to an election judge that the voter requires assistance in
marking the ballot by reason of blindness, disability, or inability to read or
write the English language may, except as otherwise provided in subsection
(e)(3) of this section, choose any individual to assist the voter.
(3) Persons
who may not assist a voter. A voter may not choose a candidate, the
voter's employer or agent of that employer, or an officer or agent of the
voter's union to assist the voter in marking the ballot.
(4) Manner of giving assistance. The person
chosen by the voter to assist the voter may mark the ballot or operate the
voting machine as directed by the voter.
A person assisting a voter may not suggest or seek to persuade or induce
any voter to vote for or against any candidate or question. If the person
chosen by the voter is an election judge, an election judge of a different
political party shall witness the assistance given by the election judge to the
voter.
(5) Person accompanying voter into booth or
machine. Except as otherwise provided in this
subsection, a voter may not be accompanied into a voting booth by an individual
over the age of 12 years.
Section 4. Chapter 7, Article I of the
Sec. 7-4. Judges of election.
(a) Number. On or before the fifteenth day of June, 1977, and on or before the same
day every four years thereafter, the Board of Supervisors of Elections shall
appoint judges of elections for the next election for each precinct in The City
of
(b) General Qualifications. Except as otherwise provided in this section, all judges of elections
must be residents and registered voters in the election precinct in which they
are appointed to serve, and must be persons of high character, integrity and
capable of performing their duties in a satisfactory manner. The judges of
elections must be able to speak, read and write the English language during the
time of acting as a judge; must not hold nor be a candidate for any other
public or political party office nor be a campaign manager or treasurer for a
candidate or campaign committee. The Board of Supervisors of Elections may
prescribe additional requirements as it may deem necessary for determining the
qualifications of persons
proposed for appointment
as judges of elections.
(c) Residing Outside Precinct. If a qualified individual residing in the election precinct cannot be
found with reasonable effort, then the Board of Supervisors of Elections may
appoint as election judge any registered voter residing in The City of
(d) Minors. A minor at least seventeen (17) years old who is a resident of The City
of
(e) Vacancies. Vacancies for any reason among the judges of elections
shall be filled by the Board of
Supervisors of Elections
for the remainder of the unexpired term.
(f) Duties. The election judges shall perform all necessary duties in regard to the
conduct of the election at the polling places, including but not limited to
providing voting assistance to a voter if requested by the voter to do so. All
election judges are required, as part of their appointment, to attend a
training session.
The compensation of all
judges of elections shall be determined by the Board of Aldermen.
(g) Oath of office. All
judges of election appointed by the [board
of supervisors of elections] Board
of Supervisors of Elections for the purpose of conducting a registration of
voters shall be promptly notified of their appointment, with direction to
appear before the [board of
supervisors of elections] Board
of Supervisors of Elections, at a time designated in such notice, for the
purpose of qualifying. Each judge shall take and subscribe to the following oath of office[, before one of the supervisors, which
oath shall be printed in a book to be kept for that purpose and shall be
substantially in the following form]:
“I, __________ residing at
__________ [in the City of Frederick], in the State of Maryland, do solemnly
swear (or affirm) that [I am a legal
voter in the __________ precinct of said city, that] I will support the Constitution of the United States and that I
will be faithful and bear true allegiance to the State of Maryland and support
the Constitution and laws thereof and that I will faithfully and honestly,
without partiality or prejudice, according to the best of my ability, discharge
the duties of [an officer of
registration and of] judge of
election for the __________ precinct in [said] The City of Frederick,
according to law.” [After taking the
oath of office they shall be given their commissions.
All such judges shall be residents of the precinct for which they are
appointed.]
Section 5. Chapter 7, Article I of the
Section 6. Chapter 7, Article I of the
entitled
"Selection of registration and polling places", as follows:
Sec. 7-6. Selection of registration and
polling places.
It
shall be the duty of the Board of Supervisors of Elections to provide for each
primary, general, or special municipal election a suitable place or places in
each precinct for voting. The places selected for registration and
polling places in each precinct shall be [a
building, the entrance to which is from the highway or from a public street, at
least twenty-five (25) feet wide, in a room facing on the street or highway,
and shall be] as near the center of
the voting population of the precinct and as convenient to the greater number
of voters as is practicable. In no case shall a registration or election be
held in any building used or occupied as a saloon, dramshop, poolroom, billiard
hall, bowling alley or any place where intoxicating liquors are sold or
connecting therewith by doors or hallways. The [board of supervisors of elections] Board of Supervisors of Elections is hereby authorized, in
its discretion, to provide a centralized registration and polling place to be used
by the voters of one or more precincts in the [city] City,
subject to the approval of the [board
of aldermen] Board of Aldermen.
If the Board of Supervisors of Elections is unable to find a suitable place
for voting in any election precinct, it may provide a polling place for said
precinct in any other adjacent precinct.
Every polling place, to the extent
feasible, shall be structurally barrier free in order to permit reasonable
access to the elderly and handicapped voters.
Section 7. Chapter 7,
Article I of the
Sec. 7-7. Illegal Electioneering and
[Corrupt] corrupt practices[; penalty].
(a) Illegal electioneering. No person is
permitted to canvass, electioneer or post any campaign material in the polling
room or within a line, established by the election judges through the posting
of signs, that is located within one hundred (100) feet from the entrance and
exit used by the voters. The only persons allowed in the polling room shall be
the election officials, "challengers and watchers", and the
registered voters for that particular polling place. The registered voters are
to vote and depart the polling room within a reasonable amount of time. If the
voter remains in the polling room, it may be considered illegal
electioneering. Any person found guilty
of illegal electioneering shall be fined not less than fifty dollars ($50.00)
or more than five hundred dollars ($500.00), or imprisoned in jail not
exceeding sixty (60) days, or both. It
is not a violation of law for a voter to wear into the polling place a button,
tee-shirt, hat or other article of clothing with a campaign message on it, so
long as the voter leaves the polling place promptly after voting. No "challenger
and watcher" may wear such campaign paraphernalia in the polling place.
Election judges or any other person who is authorized to remain in or near a
polling place for an extended period of time is prohibited from wearing
political paraphernalia while inside the polling place or within one hundred
(100) feet of it.
(b) Corrupt practices. It shall be unlawful and shall be deemed a corrupt
practice for any person to publish or distribute or cause to be published or
distributed any pamphlet, circular, card, dodger, poster, advertisement or any
printed, multigraphed, photographed, typewritten or written matter or statement
of any matter or statement which may be copied by any device or method known
for printing or copying or which may hereafter be used for making copies of
printed or written matter in any form whatever for publication or distribution,
relating to or concerning any candidate or prospective candidate for public
office, unless such pamphlet, circular, card, dodger, poster, advertisement or
other form of publication herein described contains the name or names of the
persons, associations, committee or corporation responsible for the publication
or distribution of the same, and if an association, committee or corporation is
responsible for the publication or distribution of the same, there shall be
attached the names of the officers of such association, committee or
corporation.
Section 8. Chapter
7, Article II of the Frederick City Code is amended by amending Section 7-8,
entitled "Certificates to be preserved", as follows:
Sec. 7-8. Certificates to be preserved.
The [board of supervisors of elections] Board of Supervisors of Elections
shall cause to be preserved in their office for one year all certificates of
nomination filed with them under the provisions of this article. All such
certificates shall be open to public inspection.
Section 9. Chapter 7,
Article II of the
Section 10. Chapter 7, Article II of the
Section 11. Chapter 7,
Article II of the
Sec. 7-11. Method of filling vacancies.
Should
any person nominated for office die before election day or decline the
nomination, or should any certificate of nomination become insufficient or
inoperative from any cause, the vacancy thus occasioned may be filled in the
manner required for original nominations. If the original nomination was made
by a party convention which had delegated to a committee the power to fill
vacancies, such committee may, upon the occurring of such vacancies, proceed to
fill the same, and the chairman and secretary of such committee shall thereupon
make and file with the proper officer a certificate setting forth the cause of
the vacancy, the name of the person nominated, the office for which he was
nominated, the name of the person for whom the new nominee is to be
substituted, the fact that the committee was authorized to fill vacancies, and
such further information as is required to be given in an original certificate
of nomination. The certificate so made shall be executed, acknowledged and
filed in the manner prescribed for the original certificate of nomination, and
shall, except in case of a nominee dying, be filed at least eight (8) days
before the day of election, and in cases of either resignation or death, shall
be filed within six (6) days after the vacancy shall have occurred, and upon
being so filed shall have the same force and effect as an original certificate
of nomination. In the case, however, of any nominee dying within so short a
time before the day of election that the certificate of nomination of the new
nominee shall not have been filed with or certified to the [board of supervisors of elections] Board of Supervisors of Elections until after six (6) days
before the day of election, thus being too late for the name of the new nominee
to be printed on the ballots, the [board
of supervisors of elections] Board
of Supervisors of Elections shall at once cause to be printed a sufficient
number of stickers bearing the name of such substituted nominee, and shall
deliver them in due time to the judges of election for all of those precincts
in the [city] City, and the judges shall affix such stickers in the
proper place on each ticket before it is given out to the voter. If the
resignation, disqualification or death and consequent change of nominee shall
have occurred and been made after the first publication and before the second
publication, the [board of
supervisors of elections] Board
of Supervisors of Elections shall, if possible, make the
proper change in the second publication. If questions of local concern are to
be submitted for approval to the vote of the people of the [city] City, the
same shall be certified to the [board
of supervisors of elections] Board
of Supervisors of Elections within the period provided herein by the [board of aldermen] Board of Aldermen and shall be advertised as herein
provided in the case of nominees for [city] City offices.
Section 12. Chapter 7, Article III of the
Section 7-12. Purpose.
The
intention of this article is that the conduct of elections should inspire
public confidence and trust by assuring that full information on elections is
provided to the public, including disclosure of campaign receipts and
expenditures. Furthermore, the [mayor] Mayor and [board of aldermen] Board of Aldermen believe that
the citizens of [the] The City of
Section 13. Chapter 7,
Article III of the
Sec. 7-13. Applicability.
The provisions of this article shall apply to all elections in which ballots
are cast pursuant to the provisions of the [
Section 14. Chapter 7,
Article III of the
Sec.
7-14. Definitions.
As used in this article, the following terms shall have the meanings indicated
unless a contrary meaning is
clearly intended from the context in which the term
appears:
Board means the [board of supervisors of elections] Board of Supervisors of Elections of [the] The City
of
Campaign finance entity means a personal treasurer or candidate committee.
Candidate means any person who files a certificate of candidacy for any
public office.
Candidate committee means any combination of two (2) or more persons
appointed or authorized by a candidate which has as a principal purpose to
assist or attempt to assist in any manner the promotion of the success of any
candidate. A citizen’s association, not otherwise a candidate committee, shall
not be deemed a candidate committee if it simply conducts a forum, or sponsors
a meeting for candidates to present information and/or express their views on
issues to citizens in the community.
Contribution means the gift, transfer or promise of a gift or transfer
of money or other thing of value to any candidate, or an agent or treasurer
thereof, to promote or assist in the promotion of the success of that candidate
at any election.
Election means any primary, general, or special election of [the] The City
of
Expenditure means any gift, transfer, disbursement or promise of money
or valuable thing by any candidate, or an agent or treasurer thereof, to
promote or assist in the promotion of the success of that candidate in any
election.
General election means the election held on the [first] Tuesday after
the first Monday in November, every fourth year, counting from the year
1969, at which the voters of [the city] The City of Frederick vote for candidates
for [mayor] Mayor and [aldermen] Alderman.
Political action committee means a political committee that is not:
(1) A political party;
(2) A central committee;
(3) A slate;
(4) A political committee organized and operated solely to support or oppose a
single candidate; or
(5) A political committee organized and operated solely to support or oppose a
ballot issue.
Political committee means a combination of two (2) or more individuals
that assists or attempts to assist in promoting the success or defeat of a
candidate, political party, or question submitted to a vote at any election.
Transfer means a monetary contribution made by one campaign
finance entity to another.
Section 15. Chapter 7,
Article III of the
(d) Closure. A campaign finance entity may continue in existence
in perpetuity. It may be closed, at the option of the candidate, by the filing
with the [board] Board of a form prescribed by the [board] Board for
such purpose. If there are reports due, they must be filed before the [board] Board may close the campaign finance entity. Upon closure
of a campaign finance entity, any funds remaining in the associated bank
account must be disposed of in accordance with section 7-23 of this article and
the bank account must be closed.
Section 16. Chapter 7, Article III of the
Sec. 7-21. Campaign finance reports
required.
(a) Every campaign finance entity
shall file a report of campaign contributions and expenditures in accordance
with the provisions of this section on forms as prescribed by the [board] Board. Campaign finance reports are required by all
campaign finance entities, regardless of whether or not the candidate withdraws
subsequent to filing a certificate of candidacy or the outcome of the election.
Each report shall contain all contributions received and expenditures made in
furtherance of the candidate’s nomination or election by the campaign finance
entity, from any other person or groups of persons.
(b) Each report shall contain the
following information:
(1) The name and address of the candidate and the
campaign finance entity’s treasurer;
(2) The office sought by the candidate;
(3) The date on which the report is
filed;
(4) The name and current address of
each contributor of election campaign contributions;
(5) The dollar amount of each
contribution, or if not money, a description and estimated value of such
non-monetary contributions, not including volunteer service;
(6) The date, dollar amount, and
nature of each expenditure made; and
(7) Written verification by the
treasurer of the campaign finance entity.
(c) Campaign finance reports shall be filed with the board. All reports
shall be maintained by the [board] Board for a period of five (5)
years. Reports shall be made available for public inspection and copying during
normal business hours.
(d) Each report filed shall be
completed through and including the fourth day preceding the day by
which that report is to be filed. The initial report filed shall indicate the
initial balance of the campaign account and shall contain all contributions
received and expenditures made since the closing date of the last report in the
preceding election to fill the office for which the person is a candidate. Each
subsequent report filed shall contain information regarding contributions
received and expenditures made since the end of the
period for which the last
statement was filed.
(1) The first report shall be filed no later than noon of
the thirtieth day before the primary election.
(2) The second report shall be filed no later than noon
of the thirtieth day before the general election.
(3) The third report shall be filed no later than noon of
the seventh day before the general election.
(4) The fourth report shall be filed within thirty (30)
days following the date of the general election.
(5) Before a campaign finance entity may be closed in
accordance with section 7-16(d) of this article, a final report shall be filed.
The fourth report required by subsection (d)(4) of this section
may
be deemed the final report if it is clearly marked as such.
(e) Any person who violates any of the provisions of this section shall be
guilty of a misdemeanor, punishable by a fine of five hundred dollars ($500.00)
and/or incarceration of up to ninety (90) days.
Section 17. Chapter 7, Article III of the
Sec.
7-24. Enforcement and penalties.
(a) Enforcement by [board] Board. The [board] Board shall aid in the prosecution
of all offenses under this article. When, in the judgment of the [board] Board, there is probable cause for believing that an
offense has been committed, they shall cause a prosecution to be instituted in
accordance with this article.
(b) Except as otherwise provided
herein, any person who (1) fails to perform any duty required of him under the
provisions of this article; or (2) wilfully violates any provision of this
article is guilty of a municipal infraction and shall be punished by a fine of
not more than four hundred dollars ($400.00).
Section 18. Chapter 7, Article III of the
Section 19. Chapter 7, Article III of the
Section 20. In the event any provision, section,
sentence, clause or part of this Ordinance shall be held to be invalid, such
invalidity shall not affect or impair any remaining provision, section,
sentence clause or part of this Ordinance, it being the intent of the city that
such remainder shall be and shall remain in full force and effect.
Section 21. This Ordinance shall take effect on April 11,
2008, and all other ordinances or parts of ordinances inconsistent with the
provisions of this Ordinance will as of that date be repealed to the extent of
such inconsistency.
APPROVED:
February 21, 2008 PASSED: February 21, 2008
_______________________________ _________________________________
WILLIAM J. HOLTZINGER,
Mayor WILLIAM J. HOLTZINGER, President,
Board of Aldermen
Approved for Legal Sufficiency:
_______________________________