City of Melrose, MA
Middlesex County
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Table of Contents
Table of Contents
[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. 
Definitions. As used in this Code, the following terms shall have the meanings indicated:
CHARTER
The Charter of the City of Melrose as printed in this volume.
CITY COLLECTOR
The City Treasurer and Collector.
CITY COUNCIL
The City Council of the City of Melrose.
CITY, THE CITY or THIS CITY
The City of Melrose in the County of Middlesex and Commonwealth of Massachusetts.
CITY TREASURER
The City Treasurer and Collector.
COMMONWEALTH
The Commonwealth of Massachusetts.
COUNTY
The County of Middlesex in the Commonwealth of Massachusetts.
MONTH
A calendar month.
OWNER
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.
PERSON
Includes a corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.
PRECEDING and FOLLOWING
Next before and next after, respectively.
PUBLIC GROUNDS
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.
TENANT or OCCUPANT
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.
WAY, STREET or HIGHWAY
Includes boulevards, avenues, courts, lanes, alleys, squares, places and sidewalks, and each of these words includes every other one of them.
WRITING or WRITTEN
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. 
Word usage.
(1) 
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) 
Gender. Words used in the masculine gender shall include the feminine and neuter.
(3) 
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) 
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) 
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) 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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.
(1) 
Zoning/building.
(a) 
Fine allowed: $150.
(b) 
Enforcement agent: Director of Inspectional Services.
(c) 
Fine schedule: first offense: $50; second offense: $100; third and subsequent offense: $150.
(2) 
Smoking in public place (school).
(a) 
Fine allowed: $50.
(b) 
Enforcement agent: Director of Public Health.
[Amended 8-21-2017 by Ord. No. 2018-4]
(c) 
Fine schedule: first and subsequent offense: $50.
(3) 
Cemetery.
(a) 
Fine allowed: $150.
(b) 
Enforcement agent: Superintendent.
(c) 
Fine schedule: first offense: $50; second and subsequent offense: $150.
(4) 
Parks and playgrounds.
(a) 
Fine allowed: $150.
(b) 
Enforcement agent: Superintendent.
(c) 
Fine schedule: first offense: $50; second and subsequent offense: $150.
(5) 
Public works, ways and places.
(a) 
Fine allowed: $150.
(b) 
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) 
Fine schedule: first offense: $50; second and subsequent offense: $150.
(6) 
Fire.
(a) 
Fine allowed: $150.
(b) 
Enforcement agent: Chief, Captain or Lieutenant.
(c) 
Fine schedule: first and subsequent offense: $150.
(7) 
Board of Health.
(a) 
Fine allowed: $150.
(b) 
Enforcement agent: Director or agent.
(c) 
Fine schedule: first offense: $50; second offense: $100; third and subsequent offense: $150 or in accordance with regulations promulgated by the Melrose Board of Health.
[Amended 6-4-2012 by Ord. No. 2012-173]
(8) 
Canine.
(a) 
Fine allowed: $50.
(b) 
Enforcement agent: Animal Control Officer.
[Amended 8-21-2017 by Ord. No. 2018-4]
(c) 
Fine schedule: first offense: $15; second offense: $25; third and subsequent offense: $50.
(9) 
Noncriminal possession of one ounce or less of marijuana in a public place (MGL c. 94C, § 32L).
(a) 
Fine allowed: $100.
(b) 
Enforcement agent: Police Department.
(c) 
Fine schedule: first and subsequent offenses: $100.