City of North Adams, MA
Berkshire County
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Table of Contents
Table of Contents

Sec. 1-1 Official title of ordinances; continuation of existing ordinances.

The ordinances contained in this chapter and in the chapters following shall constitute and be designated as the "Revised Ordinances of the City of North Adams," and may be so cited. So far as their provisions are the same in effect as those of previously existing ordinances, they shall be construed as a continuation of those ordinances.

Sec. 1-2 Prospective effect of Revised Ordinances; continuation of offices; repealed ordinances not revived.

All ordinances and parts of ordinances passed and ordained by the city council prior to March 24, 1964, are hereby declared to be and are hereby repealed from and after such day; provided, however, that such repeal shall not in any way affect the existing zoning ordinances of the city or any amendments thereto; nor shall it affect any ordinance or bylaw establishing salaries or wages of city officers and employees; nor shall it affect any ordinance or bylaw establishing a classification for city officers and employees; nor shall it affect an ordinance authorizing the city to enter into an agreement with the Town of Clarksburg to dispose of sewage from a certain portion of the town; nor revive any ordinance heretofore repealed or superseded; nor any office heretofore abolished; it shall not affect the acceptance and adoption of any act of the legislature heretofore lawfully accepted and adopted, and it shall not affect any act done or any right accruing, accrued or established, or any proceedings, doings or acts ratified or confirmed, or any suit or proceedings had or commenced before the repeal takes effect, but the proceedings therein shall, when necessary, conform to the provisions of this chapter and the following chapters of this volume; it shall not affect any penalty or forfeiture incurred before it takes effect, under any of the ordinances repealed; it shall not affect any suit or prosecution, pending at the time of the repeal for an offense committed, or for the recovery of a penalty or forfeiture incurred under any of the ordinances repealed, except that the proceedings therein shall, when necessary, conform to the provisions of this and the following chapter; and when a limitation or period of time prescribed in any of the ordinances repealed, for acquiring a right or barring a remedy or for any other purpose, has begun to run and the same or similar limitation is prescribed in this volume and the term of limitation shall continue to run, and shall have like effects as if the whole period had, begun and ended under the operation of the provisions of this volume. All persons who, at the time when such repeal takes effect, hold any office under any of the ordinances repealed shall continue to hold the same according to the tenure thereof, except those offices which have been abolished, and those as to which a different provision has been lawfully made. The provisions of this chapter and the following chapters of this volume, so far as they are the same as those of existing ordinances, shall be construed as a continuation thereof and not as new enactments.

Sec. 1-3 Rules of construction.

[12-12-67]
In the construction of the Revised Ordinances, and of all other ordinances of the city, the following rules of construction shall be observed, unless the construction thereby attained would be inconsistent with the manifest intent of the city council or repugnant to the context of the ordinance:
Charter. Whenever reference is made to "Charter" or "the Charter" it shall mean Plan A Charter under the provisions of General Laws, chapter 43.
City. The words "city" or "the city" shall be construed as if the words "of North Adams" followed them.
City council. The words "city council" or "council" shall mean the city council of the City of North Adams.
Computation of time. The time in which an act is to be done shall be computed by excluding the first and including the last day; if the last day be Sunday or a legal holiday, that shall be excluded.
County. The words "county" or "the county" shall be construed as if "Berkshire" followed them.
Gender. Words used in the masculine gender shall include the feminine and neuter.
Joint authority. Words purporting to give a joint authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or persons.
Month. The word "month" shall mean a calendar month.
Number. The word "numbers" importing the singular number only may be extended and he applied to several persons and things as well as to one person and thing.
Oath. The word "oath" shall be construed to include affirmation in all cases in which, by law, an affirmation may be substituted for an oath; in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed".
Officer. The word "officer" shall include officers, boards and commissions in charge of departments and the members of such boards.
Owner. The word "owner", applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.
Person. The word "person" shall extend and be applied to associations, firms, partnerships and bodies politic and corporate as well as to individuals.
Preceding following. The words "preceding" and "following" mean next before and next after, respectively.
Statute references. Whenever reference is made to G. L., C. _____ § _____ this shall mean the Tercentenary Edition of the General Laws and all acts and amendments in addition thereto.
Whenever reference is made to "statutes", it shall mean the Tercentenary Edition of the General Laws and all acts and amendments in addition thereto.
Street, highways and ways. The words "street", "highways" and "ways" shall be construed as including alleys, avenues, boulevards, courts, lanes, public places, public squares, sidewalks, streets and all other public ways in the city, and each of these words includes every other of them.
Tenant. The word "tenant" or "occupant", applied to a building or land, shall include any person who occupies the whole or part of such building or land, either alone or with others.
Time. Words used in the past or present tense include the future as well as the past and present.
Writing. The words "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

Sec. 1-4 Definition and enacting style of ordinances. [1]

All bylaws of the city shall be termed "Ordinances", and the enacting style shall be "Be it ordained by the City Council of North Adams, as follows."
[1]
For law of the commonwealth as to ordinances, bylaws and regulations, see G.L.C. 40, §§ 21 to 33.

Sec. 1-5 Recordation of ordinances. [1]

All ordinances shall be recorded by the city clerk in the order in which they are passed to be ordained, in a book prepared and kept for that purpose, made of strong linen paper with proper indexes, and strongly bound. Such book shall be lettered "Record of Ordinances, City of North Adams", and shall be preserved in the office of the city clerk and shall be open to public inspection.
[1]
For law of the commonwealth as to publication of ordinances, see G.L.C. 43, § 23.

Sec. 1-6 Order; resolve.

Whenever the city council expresses anything by way of command, the form of expression shall be "ordered"; and when the council expresses opinions, principles, facts or purposes, the form shall be "Resolved."

Sec. 1-7 Effective date of Revised Ordinances, etc.

The Revised Ordinances of the city, and every ordinance hereafter ordained shall take effect in accordance with the provisions of General Laws, chapter 43, section 23.

Sec. 1-8 Severability of Revised Ordinances.

If any part or parts, section or subsection, clause or phrase of these Revised Ordinances is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validation of the remaining portions of such Revised Ordinances.

Sec. 1-9 Catchlines of sections.

The catchlines of the several sections of the Revised Ordinances printed in boldface type are intended as mere catchwords to indicate the contents of the section, and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

Sec. 1-10 City seal—Description. [1]

The seal of the city shall be a circle 1 3/4 inches in diameter, having in the center a representation of the Hoosac mountain and the west portal of the Hoosac tunnel from which issues a train of cars at full speed, in the margin of the upper part the words, "WE HOLD THE WESTERN GATEWAY", at the lower part the words and figures, "NORTH ADAMS, MASSACHUSETTS 1895". Such device shall be arranged according to the illustration shown in this section, but color shall not be an essential part of said seal.
[1]
For law of the Commonwealth as to city seals generally, see G.L.C. 40 § 47.

Sec. 1-11 Same—Use. [1]

All deeds and other legal instruments made, given or entered into by the city, requiring a seal, shall be sealed with the city seal.
[1]
As to lawful use of a city seal, see G.L.C. 268, § 35.

Sec. 1-12 Same—Custodian. [1]

The city clerk shall be custodian of the city seal and shall permit any officer of the city to affix the same to any document to which the city seal is required to be affixed.
[1]
For law of the Commonwealth in connection with this section, see G.L.C. 40, § 47.

Sec. 1-13 Licenses and permits. [1]

When in an ordinance anything is prohibited from being done without the license or permission of a certain officer or board, such officer or board shall have the power to license or permit such thing to be done. Nothing herein shall be held to permit the waiver or violation of any provision of an ordinance.
[1]
For provisions concerning licenses and permits generally, see Ch. 12 of this volume.

Sec. 1-14 Deeds, contracts, etc. [1]

All deeds, conveyances, leases and other instruments which shall be given by the City, and which must be signed, sealed and acknowledged, shall be signed, acknowledged and delivered, on behalf of the City, by the Mayor, who shall affix thereto the City Seal; but this provision shall not be construed to prevent any officer from executing any conveyance, lease, contract or other instrument in the performance of the duties devolving upon him. The Mayor may also discharge any mortgage when the amount due and payable thereon has been paid or may assign the same without liability or recourse to the City, and for that purpose may execute and deliver all necessary papers.
[1]
For law of the Commonwealth requiring the mayor to take the action set forth in this section, see G.L.C. 43, § 29.

Sec. 1-15 Ward lines.

[Ord. of 9-12-1978; Ord. of 5-28-1985; Ord. of 3-25-1986; Ord. of 5-13-1986; Ord. of 2-23-1993; Ord. of 3-23-1993; Ord. of 8-24-1993; Ord. of 6-26-2001; Ord. of 9-25-2001; Ord. of 10-25-2011]
The several wards of the City of North Adams shall be bounded and constituted as follows unless changed as provided by the statutes:
Ward 1: Beginning at a point at the Clarksburg, North Adams line which point marks the center line of Lorraine Drive thence easterly along the North Adams, Clarksburg line to the North Adams, Clarksburg, Florida corporate boundary; thence southerly along the North Adams, Florida boundary line to the center line of the Hoosac Tunnel; thence westerly along the center line of the Hoosac Tunnel to its intersection with the center line of West Shaft Road; thence northerly along the center line of West Shaft Road to its intersection with the center line of Old West Shaft Road; thence northwesterly along the center line of Old West Shaft Road to its intersection with the center line of the Mohawk Trail; thence northwestly along the center line of the Mohawk Trail to its intersection with the center line of East Main Street; thence westerly along the center line of East Main Street to its intersection with the center line of Church Street; thence northerly along the center line of Church Street to its intersection with the center line of Eagle Street; thence northerly along the center line of Eagle Street to its intersection with the center line of Franklin Street; thence northeasterly along the center line of Franklin Street to its intersection with the center line of Central Avenue; thence northerly along the center line of Central Avenue to its intersection with the center line of Barth Street, thence easterly along the center line of Barth Street to its intersection with the center line of Lorraine Drive; thence northerly along the center line of Lorraine Drive to the point and place of beginning.
Ward 2: Beginning at the center line of the Hoosac Tunnel and the boundary line of North Adams and Florida thence southerly along the North Adams, Florida town line to the Adams town line; thence westerly along the Adams town line to its intersection with the center line of Church Street thence northerly along the center line of Church Street to its intersection with the center line of East Main Street then easterly along the center line of East Main Street to its intersection with the Mohawk Trail; thence southeasterly along the center line of the Mohawk Trail to its intersection with the center line of Old West Shaft Road; thence southeasterly along the center line of Old West Shaft Road to its intersection with the center line of West Shaft Road; thence southerly along the center line of West Shaft Road to its intersection with the center line of the Hoosac Tunnel; thence easterly along the center line of the Hoosac Tunnel to the place of beginning.
Ward 3: Beginning at a point on the Adams town line at its intersection with the center line of Church Street; thence westerly along the Adams town line to the center line of the main brook flowing into the Notch Reservoir (Notch Brook); thence northerly along the center lines of Notch Brook, Notch Reservoir, and again Notch Brook to its intersection with the center line of Reservoir Road; thence northerly and northeasterly along the center line of said Reservoir Road to a point of intersection with the center line of a high tension transmission line; thence northerly along the center line of said transmission line to a point of intersection with the center line of West Main Street at Brown Street; thence easterly along the center line of West Main Street to the center line of Veterans Memorial Drive; thence easterly along the center line of Veterans Memorial Drive to the center line of Eagle Street; thence southerly along the center line of Eagle Street to the center line of Church Street; thence southerly along the center line of Church Street to the Adams town line and the place of beginning.
Ward 4: Beginning at a point on the Williamstown town line that intersects with the center line of a high tension transmission line; thence easterly along the center line of said transmission line to a point of intersection with the center line of the Sherman Brook; thence southerly along the center line of the Sherman Brook; to a point of intersection with the center line of the Boston and Maine Railroad track, thence easterly along the center line of the Boston and Maine Railroad track to a point of intersection with the center line of Roberts Drive; thence southeasterly along the center line of Roberts Drive to a point of intersection with the center line of West Main Street; thence easterly along the center line of West Main Street to a point of intersection with the center line of a high tension transmission line at Brown Street; thence south along the center line of said transmission line to a point of intersection with the center line of Reservoir Road; thence southerly along the center line of Reservoir Road to a point of intersection with the center line of Notch Brook, thence southerly along the center line of the Notch Brook, the Notch Reservoir and the main brook flowing into the Notch Reservoir, to the Adams town line; thence westerly along the Adams town line to the Williamstown town line; thence northerly, westerly and northerly, in three courses, along the Williamstown town line to the point and place of beginning.
Ward 5: Beginning at a point at the Clarksburg, North Adams line which point marks the center line of Lorraine Drive; thence southerly along its center line to its intersection with the center line of Barth Street; thence westerly along the center line Barth Street to its intersection with the center line of Central Avenue; thence southerly along the center line of Central Avenue to its intersection with Franklin Street; thence southwesterly along the center line of Franklin Street to its intersection with the center line of Eagle Street; thence southerly along the center line of Eagle Street to a point of intersection with the center line of Veteran's Memorial Drive; thence westerly along the center line of Veteran's Memorial Drive to the center line of West Main Street; thence westerly along the center line of West Main Street to a point of intersection with the center line of Roberts Drive; thence northwesterly along the center line of Roberts Drive to a point of intersection with the center line of the Boston and Main Railroad track; thence westerly along the center line of the Boston and Maine Railroad track to a point of intersection with the Sherman Brook; thence northerly along the center line of the Sherman Brook to the point of intersection with the high tension transmission line; thence westerly along the center line of said transmission line to a point on the Williamstown town line; thence northerly along the Williamstown town line to the Clarksburg town line; thence continuing along the Clarksburg town line to the point and place of beginning.

Sec. 1-16 (Reserved) [1]

[1]
Editor's Note: Former Sec. 1-16, General penalty, as amended, was repealed by an ordinance of 10-27-1998. See now Ch. 29, Penalties.

Sec. 1-17 (Reserved) [1]

[1]
Editor's Note: Former Sec. 1-17, Disposition of fines, was repealed by an Ordinance of 10-27-1998. See now Ch. 29, Penalties.