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.
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and are hereby repealed from and after such day; provided, however,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any ordinance heretofore repealed or superseded; nor any office heretofore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it takes effect, under any of the ordinances repealed; it shall not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incurred under any of the ordinances repealed, except that the proceedings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in any of the ordinances repealed, for acquiring a right or barring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.
[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.
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."
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.
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."
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.
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.
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.
The seal of the city shall be a circle 1Â 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.
All deeds and other legal instruments made, given or entered
into by the city, requiring a seal, shall be sealed with the city
seal.
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.
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.
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.
[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.
