[HISTORY: Adopted by the Annual Town Meeting 10-28-1997, Art. 26. Amendments noted where applicable.]
GENERAL REFERENCES
Policies and procedures — See Ch. 194.
Effect on preexisting actions — See Ch. A232.
[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.
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.
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]
Chief Executive — The words "chief executive" means the Board of Selectmen of the Town of Northbridge, Massachusetts.
[Amended 10-24-2006 ATM, Art. 23]
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]
Commonwealth — The word "commonwealth" means the Commonwealth of Massachusetts.
[Amended 10-24-2006 ATM, Art. 23]
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]
County — The words "county" or "this county" mean the County of Worcester.
[Amended 10-24-2006 ATM, Art. 23]
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]
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]
Following — The word "following" means next after.
[Amended 10-24-2006 ATM, Art. 23]
Gender — Words importing the feminine gender shall include the masculine gender; words importing the masculine gender shall include the feminine gender.
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]
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]
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]
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]
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.
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]
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]
May — The word "may" is to be construed as being permissive.
May not — The phrase "may not" or phrases of like import have a mandatory negative effect and state a prohibition.
Month — The word "month" means a calendar month.
[Amended 10-24-2006 ATM, Art. 23]
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]
Must — The word "must" shall be construed as mandatory.
[Amended 10-24-2006 ATM, Art. 23]
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]
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]
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]
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]
Personal property — The words "personal property" include all tangible and intangible property other than real property.
[Amended 10-24-2006 ATM, Art. 23]
Preceding — The word "preceding" means next before.
[Amended 10-24-2006 ATM, Art. 23]
Property — The word "property" includes real and personal property.
[Amended 10-24-2006 ATM, Art. 23]
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]
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]
Real property — The words "real property" include all inherent natural resources and any man-made improvements thereon.
[Amended 10-24-2006 ATM, Art. 23]
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]
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]
Shall — The word "shall" is to be construed as being mandatory.
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]
State — The words "the state" or "this state" shall be construed to mean the Commonwealth of Massachusetts.
[Amended 10-24-2006 ATM, Art. 23]
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]
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]
Tenses — The use of any verb in the present tense includes the future when applicable.
[Amended 10-24-2006 ATM, Art. 23]
Town — The terms "the town" or "this town," mean the Town of Northbridge, Massachusetts.
[Amended 10-24-2006 ATM, Art. 23]
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]
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]
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."
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.
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]
Year — The word "year" shall mean a calendar year.
[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:
SEAL.tif