[HISTORY: Adopted by the Annual Town Meeting 10-28-1997, Art. 26.
Amendments noted where applicable.]
[Amended 10-24-2006 ATM, Art. 23]
The bylaws in this and the following chapters and sections shall
constitute and be designated as the "Code of Bylaws, Town of Northbridge,
Massachusetts," and may be so cited.
In the construction of this Code, and of all bylaws, the following
rules shall be observed and the following definitions shall apply
unless such construction would be inconsistent with the manifest intent
of the governing body.
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Generally — The provisions
of this Code shall be liberally construed to effect the purposes expressed
therein or implied from the expression thereof. Words and phrases
shall be construed and understood according to their common and usual
meaning unless the contrary is clearly indicated. Technical words
and phrases and such others as may have acquired a peculiar and appropriate
meaning in the law shall be construed and understood according to
such peculiar and appropriate meaning.
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Charter — The words "Charter"
or "Town Charter" mean the Northbridge Home Rule Charter and any amendments
which may hereafter be adopted.
[Amended 10-24-2006 ATM, Art. 23] |
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Chief Executive — The words
"chief executive" means the Board of Selectmen of the Town of Northbridge,
Massachusetts.
[Amended 10-24-2006 ATM, Art. 23] |
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Code — The word "Code" means
the Code of Bylaws, Town of Northbridge, Massachusetts, as designated
in § 1-101 of the Code.
[Amended 10-24-2006 ATM, Art. 23] |
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Commonwealth — The word "commonwealth"
means the Commonwealth of Massachusetts.
[Amended 10-24-2006 ATM, Art. 23] |
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Computation of time — The time
within which an act is to be completed as provided in any bylaw or
in any order issued pursuant to any bylaw, when expressed in days,
shall be computed by excluding the first day and including the last,
except that if the last day be Sunday or a legal holiday it shall
be excluded; and when any such time is expressed in hours the whole
of Sunday or a legal holiday, from midnight to midnight, shall be
excluded.
[Amended 10-24-2006 ATM, Art. 23] |
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County — The words "county"
or "this county" mean the County of Worcester.
[Amended 10-24-2006 ATM, Art. 23] |
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Days — The word "days" refers
to business days, not including Saturdays, Sundays and legal holidays
when the time set is less than seven days; when the time set is seven
days or more, every day shall be counted.
[Amended 10-24-2006 ATM, Art. 23] |
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Emergency — The word "emergency"
means a sudden, unexpected, unforeseen happening, occurrence, event
or condition which necessitates immediate action.
[Amended 10-24-2006 ATM, Art. 23] |
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Following — The word "following"
means next after.
[Amended 10-24-2006 ATM, Art. 23] |
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Gender — Words importing the
feminine gender shall include the masculine gender; words importing
the masculine gender shall include the feminine gender.
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General laws — The words "general
laws" (all lower case letters) mean laws which apply alike to all
cities and towns, to all towns or to a class of municipalities of
which Northbridge is a member.
[Amended 10-24-2006 ATM, Art. 23] |
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General Laws — The words "General
Laws" (used with initial capital letters) shall refer to the General
Laws of Massachusetts (MGL), a codification and revision of statutes
enacted on December 22, 1920, and including all amendments thereto
subsequently adopted.
[Amended 10-24-2006 ATM, Art. 23] |
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Heretofore, hereafter — Whenever
the word "heretofore" occurs in any bylaw it shall be construed to
mean any time previous to the day when such bylaw shall take effect.
Whenever the word "hereafter" occurs it shall be construed to mean
the time after the bylaw shall take effect.
[Amended 10-24-2006 ATM, Art. 23] |
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Highway — The word "highway"
includes any street, alley, highway, avenue or public place or square,
bridge, viaduct, tunnel, underpass, overpass and causeway in the town,
dedicated or devoted to public use.
[Amended 10-24-2006 ATM, Art. 23] |
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Joint authority — All words
purporting to give joint authority to three or more town officers
or other persons shall be construed as giving such authority to a
majority of such officers or other persons unless it shall be otherwise
expressly declared in the law giving the authority.
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Local newspaper — The words
"local newspaper" mean a newspaper having a general circulation in
the Town of Northbridge published at least weekly.
[Amended 10-24-2006 ATM, Art. 23] |
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Majority vote — The words "majority
vote" mean a majority of those present and voting, provided that a
quorum of the body is present when the vote is taken, unless a higher
number is required by law.
[Amended 10-24-2006 ATM, Art. 23] |
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May — The word "may" is to
be construed as being permissive.
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May not — The phrase "may not"
or phrases of like import have a mandatory negative effect and state
a prohibition.
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Month — The word "month" means
a calendar month.
[Amended 10-24-2006 ATM, Art. 23] |
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Multiple-member body — The
words "multiple-member body" mean any town body consisting of two
or more persons and whether styled a board, commission, committee,
subcommittee or otherwise and however elected or appointed.
[Amended 10-24-2006 ATM, Art. 23] |
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Must — The word "must" shall
be construed as mandatory.
[Amended 10-24-2006 ATM, Art. 23] |
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Number — Words importing the
singular number may extend and be applied to several persons or things;
words importing the plural number may include the singular. Words
used in the singular include the plural and the plural include the
singular number.
[Amended 10-24-2006 ATM, Art. 23] |
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Oath — The word "oath" includes
an affirmation in all cases in which, by law, an affirmation may be
substituted for an oath, and in such cases the words "swear" and "sworn"
shall be equivalent to the words "affirm" and "affirmed."
[Amended 10-24-2006 ATM, Art. 23] |
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Owner — The word "owner," applied
to any property, includes any part owner, joint owner, tenant in common,
joint tenant or tenant by the entirety, of the whole or a part of
such property.
[Amended 10-24-2006 ATM, Art. 23] |
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Person — The word "person"
applies to associations, corporations, firms, partnerships and bodies
politic and corporate as well as to natural persons.
[Amended 10-24-2006 ATM, Art. 23] |
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Personal property — The words
"personal property" include all tangible and intangible property other
than real property.
[Amended 10-24-2006 ATM, Art. 23] |
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Preceding — The word "preceding"
means next before.
[Amended 10-24-2006 ATM, Art. 23] |
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Property — The word "property"
includes real and personal property.
[Amended 10-24-2006 ATM, Art. 23] |
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Public Works — All work, the
procurement of which is governed under the provisions of MGL c. 30,
§ 39M.
[Added 10-24-2006 ATM, Art. 23] |
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Quorum — The word "quorum,"
unless otherwise required by law or the Charter, means a majority
of the members of a multiple member body then in office, not including
any vacancies which might then exist.
[Amended 10-24-2006 ATM, Art. 23] |
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Real property — The words "real
property" include all inherent natural resources and any man-made
improvements thereon.
[Amended 10-24-2006 ATM, Art. 23] |
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Reasonable time — In all cases
where any bylaw requires any act to be done in a reasonable time or
reasonable notice to be given, such "reasonable time" or notice shall
be deemed to mean such time only as may be necessary for the prompt
performance of such duty, or compliance with such notice.
[Amended 10-24-2006 ATM, Art. 23] |
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Roadway — The word "roadway"
means that portion of a street improved, designed or ordinarily used
for vehicular traffic.
[Amended 10-24-2006 ATM, Art. 23] |
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Shall — The word "shall" is
to be construed as being mandatory.
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Sidewalk — The word "sidewalk"
means that portion of a street between the curbline and the adjacent
property intended for the use of pedestrians.
[Amended 10-24-2006 ATM, Art. 23] |
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State — The words "the state"
or "this state" shall be construed to mean the Commonwealth of Massachusetts.
[Amended 10-24-2006 ATM, Art. 23] |
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Street — The term "street"
includes any land located within the layout of the public roadway
whether it is within the paved portion of the roadway or sidewalk
or not and any highway, alley, street, avenue or public place or square,
bridge, viaduct, underpass, overpass, tunnel and causeway in the town,
dedicated or devoted to public use and includes any way to which the
public has a right of access.
[Amended 10-24-2006 ATM, Art. 23] |
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Tenant, occupant — The words
"tenant" and "occupant," applied to a building or land, include any
person who occupies the whole or a part of such building or land,
whether alone or with others.
[Amended 10-24-2006 ATM, Art. 23] |
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Tenses — The use of any verb
in the present tense includes the future when applicable.
[Amended 10-24-2006 ATM, Art. 23] |
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Town — The terms "the town"
or "this town," mean the Town of Northbridge, Massachusetts.
[Amended 10-24-2006 ATM, Art. 23] |
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Town agency — The words "town
agency" mean any board, commission, committee, department division
or office of the town government.
[Amended 10-24-2006 ATM, Art. 23] |
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Town bulletin board — The words
"town bulletin board" mean the bulletin board in the town hall on
which official town notices are posted and those at other locations
within the town which may from time to time be designated as town
bulletin boards by bylaw or by vote of the Board of Selectmen.
[Amended 10-24-2006 ATM, Art. 23] |
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Town officers and departments — Whenever
reference is made to an officer or a department, the same shall be
construed as if followed by the words "of the Town of Northbridge
Massachusetts."
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Week — The word "week" shall
be construed to mean seven days; but publication in a newspaper of
any notice or other matter indicated to be for a stated number of
weeks shall be construed to mean one insertion in each week, unless
specifically stated to be for each day of the week or for more than
one day in each week, and all publications heretofore made in accordance
with the terms of this subsection are hereby validated.
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Written or in writing — The
words "written" or "in writing" include any representation of words,
letters or figures, whether by printing or otherwise.
[Amended 10-24-2006 ATM, Art. 23] |
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Year — The word "year" shall
mean a calendar year.
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[Amended 10-24-2006 ATM, Art. 23]
The rules of construction set forth in this bylaw shall not
be applied to any bylaw which contains any express provision excluding
such construction, or when the subject matter or context of such bylaw
may be repugnant thereto.
[Amended 10-24-2006 ATM, Art. 23]
All references to titles, chapters or sections are to the titles,
chapters and sections of this Code unless otherwise specified.
A.
If the provisions of different chapters of this Code conflict with
or contravene each other, the provisions of each chapter shall prevail
as to all matters and questions growing out of the subject matter
of such chapter.
[Amended 10-24-2006 ATM, Art. 23]
B.
If conflicting provisions be found in different sections of the same
chapter, the provisions of the section which is last in numerical
order shall prevail.
C.
To the extent that any provision of this Code expressed in general
terms shall conflict with any provision expressed in specific terms,
the specific provision shall prevail.
D.
In all cases in which provisions of this Code conflict with one another
the provision enacted most recently shall prevail over any older provision.
[Amended 10-24-2006 ATM, Art. 23]
[Amended 10-24-2006 ATM, Art. 23]
All bylaws passed by the Town Meeting, except when otherwise
specifically provided, shall take effect and be in force from and
after their approval by the Attorney General of the Commonwealth and
their publication as provided in MGL c. 40, § 32.
A.
Nothing in this Code or the bylaw adopting this Code shall affect
any offense or act committed or done, or any penalty or forfeiture
incurred, or any contract or right established or accruing before
the effective date of this Code.
B.
The adoption of this Code shall not be interpreted as authorizing
any use or the continuance of any use of a structure or premises in
violation of any bylaw of the town in effect on the date of adoption
of this Code, except as otherwise provided.
A.
The repeal of a bylaw shall not revive any bylaw in force before
or at the time the bylaw repealed took effect.
B.
The repeal of a bylaw shall not affect any punishment or penalty
incurred before the repeal took effect, nor any suit, prosecution
or proceeding pending at the time of the repeal for an offense committed
under the bylaw repealed.
A.
Any bylaw of the Town of Northbridge or any rule or regulation of
its officers, boards or departments, the violation of which is subject
to a specific penalty, may, in the discretion of the town official
who is the appropriate enforcing person, be enforced in the method
provided in MGL c. 40, § 21D. The noncriminal fine for each
such violation, if not otherwise specified, shall be $50.
[Amended 10-24-2006 ATM, Art. 23].
B.
"Enforcing person," as used in this section, shall mean any police
officer of the Town of Northbridge, with respect to any offense, and
the Building Inspector, a person designated by the Conservation Commission,
a person designated by the Board of Health, the Director of Public
Works, the Dog Officer and such other officials as the Board of Selectmen
may from time to time designate, each with respect to violation of
bylaws and rules and regulations within their respective jurisdictions.
Each such person as is here designated an "enforcing person" may appoint
a deputy enforcing person to serve in his or her absence or disability.
The names of each enforcing person and of each deputy enforcing person
shall be kept on file in the office of the Town Manager. If more than
one official has jurisdiction in a given case, any such official may
be an enforcing person with respect thereto. Police officers shall
in all cases be considered enforcing persons for the purpose of this
provision.
C.
Unless otherwise provided, each day a violation continues shall constitute
a separate and repeat violation.
[Amended 10-24-2006 ATM, Art. 23]
Except as otherwise provided by law, any person found guilty
of violating any provision of this Code in a criminal proceeding in
the District Court shall be subject to a fine of $200. Each day a
violation continues shall constitute a separate offense.
It is hereby declared to be the intention of the Town Meeting
that the sections, paragraphs, sentences, clauses and words of this
Code are severable, and if any word, clause, sentence, paragraph or
section of this Code shall be declared unconstitutional or otherwise
invalid by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality or invalidity shall not affect
any of the remaining words, clauses, sentences, paragraphs and sections
of this Code, because the same would have been enacted by the Town
Meeting without the incorporation in this Code of any such unconstitutional
or invalid word, clause, sentence, paragraph or section.
[Added 10-24-2006 ATM, Art. 23]
Whenever this Code refers to specific provisions of the General
Laws, other statutes, charter provisions, political subdivisions,
government agencies or officials, such references shall be construed
to include similar provisions of amended or recodified legislation
as well as political subdivisions, government agencies or officials
that succeed to the relevant duties and responsibilities of the referenced
political subdivisions, agencies or officials.
[Added 10-24-2006 ATM, Art. 23]
For purposes of consistency and ease of use, the text or portions
of the text of selected provisions of the Northbridge Home Rule Charter
are incorporated in this Code. Inclusion in this Code shall give such
text no independent legal significance and subsequent amendment or
repeal of the coordinate Charter provisions shall always control.
The Corporate Seal of the Town of Northbridge shall consist
of the following letters, figures and designs:
