[HISTORY: Adopted by the City Council of the City of Gardner as indicated in article histories. Amendments noted where applicable.]
Article I Enforcement
Article II Adoption of Code
[Adopted 5-21-1990 by Ord. No. 1046]
Any person who violates the provisions of any ordinance of the City of Gardner may be penalized by indictment or on complaint brought in District Court. Except as may be otherwise provided by law and as the District Court may see fit to impose, the penalty for each violation or offense shall be not less than $25 nor more than $300.
Any person who violates the provisions of any ordinance of the City of Gardner, the violation of which is subject to a specific penalty, may be penalized by a noncriminal disposition as provided in MGL c. 40, § 21D. The noncriminal method of disposition may also be used for violations of any rule or regulation of any municipal officer, board or department which is subject to a specific penalty. Without intending to limit the generality of the foregoing, it is the intention of this provision that the following ordinances, rules or regulations are to be included within the scope of this section, that the specific penalties as listed hereunder shall apply in such cases, and that the municipal official listed for each ordinance, rule or regulation shall be the enforcing person for such ordinance, rule or regulation. Nothing herein shall limit or restrict any enforcing person's authority to seek criminal prosecution of any violation of any ordinance, rule or regulation listed herein. Each day on which any violation exists shall be deemed to be a separate offense.
Violation of any provision of Chapters 1 through 10 of the State Sanitary Code (105 CMR 400.000 to 105 CMR 590.000) or Title 5 of the State Environmental Code (310 CMR 15.00).
[Amended 4-6-1992 by Ord. No. 1092]
Violation of any regulation from the Massachusetts State Building Code.
[Amended 11-18-2013 by Ord. No. 1563]
Enforcing person: Building Commissioner.
Violation of any regulation from the Uniform State Plumbing Code and Massachusetts Fuel Code, 248 CMR 3 to 11.
[Amended 11-18-2013 by Ord. No. 1563]
Enforcing person: Plumbing Inspector.
Violation of any regulation from the Massachusetts Electrical Code, 527 CMR 12.00.
Enforcing person: Wire Inspector.
Violation of any regulation from the Air Pollution Control Regulations, 310 CMR 7.00, in which specific reference to 310 CMR 7.52 is cited.
[Amended 4-6-1992 by Ord. No. 1092]
Enforcing person: Fire Chief or legal designee of Fire Chief, Director of Public Health, or any police officer.
[Amended 11-18-2013 by Ord. No. 1563]
Violation of any provision of Chapter 312, Animals, Article I, Dog Control, of this Code.
[Added 12-17-1990 by Ord. No. 1062]
[Added 7-6-2004 by Ord. No. 1409; amended 11-18-2013 by Ord. No. 1563]
There is hereby established in the administrative service of the City of Gardner a Civil Enforcement Department to be included with the duties and responsibilities of the Purchasing Department, and this Department shall be titled the "Purchasing/Civil Enforcement Department." The duties and responsibilities of said Department and the Purchasing Agent/Civil Enforcement Director shall include the input, computerized tracking, management, and reporting of various noncriminal violation fines and penalties from imposition through collection. These duties and responsibilities are further defined by Chapter 221, Purchasing/Civil Enforcement Department, of this Code.
[Adopted 11-18-2013 by Ord. No. 1563]
The ordinances of the City of Gardner of a general and permanent nature adopted by the City Council of the City of Gardner, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 675, are hereby approved, adopted, ordained and enacted as the "Code of the City of Gardner," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.
The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinances.
A copy of the Code has been filed in the office of the City Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance, and, if this ordinance shall be adopted, such copy shall be certified to by the City Clerk, and such certified copy shall remain on file in the office of said City Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect.
Any and all additions, deletions, amendments or supplements to the Code, when adopted in such form as to indicate the intention of the Council to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the City of Gardner" shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be adopted, they shall thereafter be inserted in the Code as amendments and supplements thereto.
The Clerk of the City of Gardner shall cause this ordinance to be published in the manner required by law. Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this ordinance, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
It shall be the duty of the City Clerk, or someone authorized and directed by the Clerk, to keep up-to-date the certified copy of the Code required to be filed in the Clerk's office for use by the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are included as supplements to said Code.
Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk or an authorized agent of the Clerk upon the payment of a fee to be set by the City Council. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Gardner to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to the penalties as set forth in § 1-1 of the Code.
Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. If any provision of this Code or the application thereof to any person or circumstances is held invalid, the remainder of this Code and the application of such provision to other persons or circumstances shall not be affected thereby.
Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
All ordinances or parts of ordinances of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this Adoption Ordinance, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-15 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to August 5, 2013.
Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom.
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance brought pursuant to any legislative provision.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.
Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the City's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
The levy or imposition of taxes, assessments or charges.
The annexation or dedication of property or approval of preliminary or final subdivision plats.
Ordinances providing for local improvements or assessing taxes or special assessments therefor.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
Any ordinance or portion of an ordinance pertaining to the rate and manner of payment of salaries and compensation of municipal officers and employees or establishing or classifying positions.
Any ordinance or portion of an ordinance establishing traffic or parking regulations.
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the City.
Any ordinance or portion of an ordinance accepting or adopting the provisions of any general law or special act of the commonwealth.
In compiling and preparing the ordinances for publication as the Code of the City of Gardner, no changes in the meaning or intent of such ordinances have been made except as provided for in Subsections B and C hereof. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the City Council that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
In addition, the amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)
Editor's Note: Schedule A is on file at the office of the City Clerk.
This ordinance shall take effect upon passage and publication as required by law.