[Adopted as Rev. Ords. 1976, §§ 1-2, 1-3,
1-6 to 1-8, 1-14 and 1-15 (Rev. Ords. 1989, §§ 1-2,
1-3, 1-6, 1-11 and 1-12)]
In the construction of this Code and of all ordinances hereafter
enacted the following interpretations shall be placed on the words
and phrases hereinafter mentioned, unless such construction or interpretation
shall be manifestly inconsistent with the evident intent of the City
Council or repugnant to the context or to the evident purport of any
ordinance.[1]
A.Â
CHARTER
CITY COLLECTOR
CITY COUNCIL
CITY, THE CITY or THIS CITY
CITY TREASURER
COMMONWEALTH
COUNTY
MONTH
OWNER
PERSON
PRECEDING and FOLLOWING
PUBLIC GROUNDS
TENANT or OCCUPANT
WAY, STREET or HIGHWAY
WRITING or WRITTEN
Definitions. As used in this Code, the following terms shall have
the meanings indicated:
The Charter of the City of Melrose as printed in this volume.
The City Treasurer and Collector.
The City Council of the City of Melrose.
The City of Melrose in the County of Middlesex and Commonwealth
of Massachusetts.
The City Treasurer and Collector.
The Commonwealth of Massachusetts.
The County of Middlesex in the Commonwealth of Massachusetts.
A calendar month.
When applied to a building or land includes 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.
Includes a corporation, firm, partnership, association, organization
or any other group acting as a unit, as well as a natural person.
Next before and next after, respectively.
Includes the commons and all public lands owned by the City
and those parts of public places which do not form traveled parts
of streets or highways.
When applied to a building or land includes any person holding
a written or oral lease for or who occupies the whole or a part of
such building or land, either alone or with others.
Includes boulevards, avenues, courts, lanes, alleys, squares,
places and sidewalks, and each of these words includes every other
one of them.
Includes printing, engraving, lithographing and any other
mode of representing words and letters, but if the written signature
of a person is required by law, it shall always be his/her own handwriting
or, if he/she is unable to write, his/her mark.
B.Â
Word usage.
(1)Â
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, and
if the last day is Sunday or a legal holiday that day shall be excluded.
(2)Â
Gender. Words used in the masculine gender shall include the feminine
and neuter.
(3)Â
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, unless otherwise
herein expressly provided.
(4)Â
Number. Words importing the singular number may extend and be applied
to several persons or things, and words importing the plural number
may include the singular.
(5)Â
Statute reference. Whenever reference is made to MGL c.___, § ___,
it shall mean the Tercentenary Edition of General Laws and all amendments
in addition thereto.
(6)Â
Tense. Words used in the past or present tense include the future
as well as the past and present.
|
State law references — Similar rules of construction
and definitions for statutes, MGL c. 4, §§ 6 and 7;
Sundays and legal holidays generally, MGL c. 136.
|
[1]
Editor's Note: Pursuant to Ch. 78, Acts of 2019, approved
10-1-2019, the former Board of Aldermen is now known as the City Council.
Throughout this Code, all applicable references to such body or its
members have been amended accordingly.
A.Â
The catchlines of the several sections of this Code 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.
B.Â
The history notes appearing in brackets after sections of the Code
are not intended to have any legal effect but are merely intended
to indicate the source of matter contained in the sections.
C.Â
The references and editor's notes appearing throughout the Code
are not intended to have any legal effect but are merely intended
to assist the users of this volume.
A.Â
Enacting style of ordinances. All bylaws of the City shall be denominated
ordinances or orders, and the enacting style shall be: "Be it Ordained
by the City Council of the City of Melrose, as follows."
B.Â
City Clerk to record ordinances. 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. Such book shall be lettered
"Records of Ordinances, City of Melrose" and shall be preserved in
the office of the City Clerk, subject to public inspection.
C.Â
Forms of orders and resolves. Whenever the City Council expresses
anything by way of command, the form of expression shall be "Ordered,"
and when such Council expresses opinions, principles, facts or purposes,
the form shall be "Resolved."
|
State law references — Ordinances generally,
MGL c. 40, §§ 21 to 33. As to definition of "ordinance"
see MGL c. 4, § 7, cl. 22; adoption procedure, MGL c. 39,
§ 4; availability of records for public inspection, MGL
c. 66, § 10.
|
[Amended 1-6-1997 by Ord.
No. 97-77]
Except as otherwise provided, every person who violates any
of the provisions of these ordinances and other ordinances of the
City shall be subject to a fine not exceeding $150. Each day any violation
of these ordinances or of any other ordinance of the City shall continue
shall constitute a separate offense.
|
State law reference — Authority of City to
affix a penalty not exceeding $300 for each offense, MGL c. 40, § 21.
|
All officers of the City shall enforce obedience to such laws
of the commonwealth, ordinances of the City and orders of the Mayor
or City Council as may be the duty of such officers respectively to
enforce and shall promptly take notice of all complaints and institute
such proceedings as may be necessary.
[Added 4-23-1997 by Ord.
No. 97-183; amended 8-17-1998 by Ord. No. 97-183A; 10-21-2002 by Ord. No. 97-183B; 1-20-2009 by Ord. No. 09-099]
A.Â
Violation of any of the provisions of these ordinances or Board of Health regulations may, in the discretion of the enforcing person, be made the subject matter of proceedings pursuant to the provisions of MGL c. 40, § 21D, as amended, as a noncriminal disposition. If the enforcing person, empowered under Subsection B, elects to proceed under MGL c. 40, § 21D, as amended, all terms and provisions of said chapter and section shall govern said proceedings.
B.Â
Violation of the following ordinance sections or Board of Health
regulations may be enforced in the manner provided in MGL c. 40, § 21D.
For the purpose of this section, the specific penalty which is to
apply for violation of each such section shall be as listed below,
and the municipal officers or employees whose titles are listed under
each such section shall be deemed to be enforcing officers for each
such section. In all cases, police officers shall be considered as
enforcing persons.
(5)Â
Public works, ways and places.
(a)Â
Fine allowed: $150.
(b)Â
Enforcement agent: City Engineer, Director of Public Works,
Deputy City Engineer, Operations Manager or authorized supervisors.
[Amended 5-21-2012 by Ord. No. 2012-158; 8-21-2017 by Ord. No. 2018-4]
(c)Â
Fine schedule: first offense: $50; second and subsequent offense:
$150.
