[Gen. Ords. 1962, § 1-1]
The ordinances contained in this chapter and in the chapters following shall constitute and be designated as "The General Ordinances of the City of Waltham, 1978," and may be so cited. So far as their provisions are the same in effect as those of previously existing ordinances, they shall be construed as a continuation of those ordinances.
Charter reference — Provisions relative to ordinances, § 2-8 et seq.
State law reference — Codification of ordinances, M.G.L.A. c. 43, § 23.
[Gen. Ords. 1962, § 1-2]
All ordinances or parts of ordinances passed to be ordained by the City Council on or before April 25, 1978, are hereby repealed from and after the effective date of this Code.
The repeal provided for in Subsection (a) shall not affect any of the following:
Any ordinance or relating to zoning;
The acceptance of act of the legislature;
Any ordinance relating to compensation or employee benefits;
Any ordinance relating to bond issues or the indebtedness of the City;
Any ordinance accepting or dedicating street or alleys or abandoning same;
Any act done, or any right accrued or established or any acts or proceedings or acts ratified or confirmed after December 31, 1978;
Any order or resolution of the Council.
All persons who, at the time when such repeal takes effect, hold any office under any of the ordinances repealed shall continue to hold the same according to the tenure thereof, except those offices which have been abolished, and those as to which a different provision has been lawfully made. The provisions of this chapter and the following chapters of this Code, so far as they are the same as those of existing ordinances, shall be construed as a continuation thereof and not as new enactments.
[Gen. Ords. 1962, § 1-3]
In the construction of this Code, and of all ordinances, the following rules of construction shall be observed, unless such construction would be inconsistent with the manifest intent of the City Council or the context of the ordinance:
- The word "City" shall mean the City of Waltham, in the County of Middlesex and Commonwealth of Massachusetts.
- The terms "Code" or "this Code" shall refer to the "General Ordinances of the City of Waltham, 1978."
- The word "commonwealth" shall mean the Commonwealth of Massachusetts.
- 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; if the last day be Sunday or a legal holiday, that shall be excluded.
- The words "the Council" or "Council" or "City Council" shall mean the City Council of the City of Waltham.
- The words "county" or "the county" shall mean the County of Middlesex.
- A sudden and unforeseen combination of circumstances demanding immediate attention.
- A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
- 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.
- The word "month" shall mean a calendar month.
- A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.
- The word "oath" shall be construed to include 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."
- OFFICERS, BOARDS, DEPARTMENTS, ETC.
- Whenever any officer, board, department or other agency is referred to by title, such reference shall be construed as if followed by the words "of the City of Waltham, Massachusetts," unless indicated to the contrary.
- The word "owner," applied to a building or land, shall include 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.
- The word "person" shall extend and be applied to associations, firms, partnerships and bodies politic and corporate as well as to individuals.
- PRECEDING, FOLLOWING
- The words "preceding" and "following" mean next before and next after, respectively.
- STATUTE REFERENCES
- Whenever reference is made to M.G.L.A., c. _____, § _____, this shall mean Massachusetts General Laws Annotated; whenever reference is made to G.L., c. _____, § _____, this shall mean the Tercentenary Edition of General Laws.
- The word "street" shall be construed to embrace public ways, streets, avenues, boulevards, roads, alleys, lanes, courts, viaducts, public squares, sidewalks and all other public highways in the City.
- TENANT, OCCUPANT
- The words "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease or who occupies, the whole or a part of such building or land, either alone or with others.
- Words used in the past or present tense include the future as well as the past and present.
- WRITTEN or IN WRITING
- Shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
- The term "year" shall mean a calendar year.
[Gen. Ords. 1962, § 1-4]
The catchlines of the several sections of the General Ordinances 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.
[Gen. Ords. 1962, § 1-5]
All bylaws of the City shall be denominated ordinances, and the enacting style may be, "Be it ordained by the City Council of the City of Waltham, as follows."
Charter references — Ordinances, passage, repeal, amendment, etc., § 2-8 et seq.; adoption or change of zoning ordinance, § 8-7.
State law reference — Ordinances generally, M.G.L.A. c. 40, §§ 21 — 23.
[Gen. Ords. 1962, § 1-6]
All ordinances shall be recorded by the City Clerk in the order in which they are passed to be ordained, in a book which shall be kept in the office of the City Clerk and subject to public inspection.
[Gen. Ords. 1962, § 1-7]
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."
[Gen. Ords. 1962, § 1-8]
All ordinances hereafter enacted or presented to the Council for enactment, shall be drafted, so far as possible, as specific amendments of or additions to this Code.
[Gen. Ords. 1962, § 1-11; Ord. No. 25952, 6-9-1986]
Whoever violates any ordinance of the City whereby any act or thing is enjoined or prohibited or required, whether included in this Code or hereafter ordained, shall, unless other provision is expressly made, be liable to a penalty not exceeding $300 for each offense.
[Gen. Ords. 1962, § 1-13]
All fines and penalties for the violation of any ordinance shall, when received, inure to the use of the City and be paid into the City treasury, unless it be otherwise directed by the laws of the commonwealth or the ordinances of the City.
[Gen. Ords. 1962, § 1-14]
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the Council without the incorporation in this Code of any such unconstitutional phrase, clause, sentence, paragraph or section.
[Ord. No. 25847, 2-10-1986]
In construing these ordinances, the following rules shall be observed, unless their observance would involve a construction inconsistent with the manifest intent of the City Council or repugnant to the context of the same ordinance:
The repeal of an ordinance shall not revive any previous ordinance.
The repeal of an ordinance shall not affect any punishment, penalty or forfeiture incurred before the repeal takes effect, or any suit, prosecution or proceeding pending at the time of the repeal for an offense committed, or for the recovery of a penalty or forfeiture incurred, under the ordinance repealed.
Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
Words importing the singular number may extend and be applied to several persons or things, words importing the plural number may include the singular, and words importing the masculine gender may include the feminine and neuter.
Wherever a penalty or forfeiture is provided for a violation of an ordinance, it shall be for each such violation.
[Ord. No. 26894, 4-9-1990; Ord. No. 26946, 6-25-1990; Ord. No. 27121, 6-10-1991; Ord. No. 27151, 5-28-1991; Ord. No. 27675, 1-10-1994; Ord. No. 27868, 1-23-1995; Ord. No. 28293, 1-13-1997; Ord. No. 28497, 1-12-1998; Ord. No. 28572, 6-8-1998; Ord. No. 28707, 1-11-1999; Ord. No. 30447, 6-26-2006; Ord. No. 30448, 6-26-2006; Ord. No. 30915, 6-23-2008; Ord. No. 30918, 6-23-2008; Ord. No. 30923, 6-23-2008]
Criminal complaint. Whoever violates any provision of the City of Waltham general ordinances may be penalized by indictment or on complaint brought in the District Court. Except as may be otherwise provided by law, and as the District Court may see fit to impose, the maximum penalty for each violation, or offense, brought in such manner shall be $300.
Noncriminal disposition. Whoever violates any provision of these City of Waltham General Ordinances, the violation of which is subject to a specific penalty, may be penalized by a noncriminal disposition as provided in M.G.L. 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 City of Waltham General Ordinances and sections of said general ordinances are to be included within the scope of this subsection, that the specific penalties as listed here shall apply in such cases, and that in addition to police officers, who shall in all cases be considered enforcing persons for the purpose of this provision, the municipal personnel listed for each section, if any, shall also be enforcing persons for such sections. The term "second and subsequent offense" shall mean those additional offenses committed by the same offender within a twelve-month period. Each day upon which any violation exists shall be deemed to be a separate offense.
[Amended 6-24-2013 by Ord. No. 31970A; 2-22-2016 by Ord. No. 33346; 5-22-2017 by Ord. No. 33735; 11-13-2018 by Ord. No. 34244]