[HISTORY: Adopted by the Town of Weymouth. Amendments noted where applicable.]
The ordinance embraced in this and the following chapters and sections shall constitute and be designated as the "Code of Ordinances, Town of Weymouth, Massachusetts" and may be so cited.
In the construction of this Code, and of all ordinances, the following rules shall be observed and the following definitions shall apply unless such construction would be inconsistent with the manifest intent of the Town Council when enacting the measure:
Generally. The provisions of this Code shall be liberally construed to effect the purposes expressed therein or implied from what is expressed. 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.
- The Weymouth Home Rule Charter and any amendments to it that may hereafter be adopted.
- CHIEF EXECUTIVE
- The Mayor of the Town of Weymouth, Massachusetts.
- The Code of Ordinances, Town of Weymouth, Massachusetts as designated in Section 1-101 of the Code.
- The Commonwealth of Massachusetts.
- COMPUTATION OF TIME
- In computing the time within which an act is to be done as provided in any ordinance or in any order issued pursuant to any ordinance, when expressed in days, the day of the act or event after which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday or legal holiday, in which event the period shall be extended to the next day which is not a Saturday, Sunday or legal holiday.
- COUNTY or THIS COUNTY
- The County of Norfolk.
- When the period of time designated is less than seven days, the word "days" shall refer to business days, not including intermediate Saturdays, Sundays and legal holidays; when the period of time designated is seven days or more, every day shall be counted.
- A sudden, unexpected, unforeseen happening, occurrence, event or condition which necessitates immediate action.
- FISCAL YEAR
- The financial year used by the Town, to wit: July 1 through June 30.
- Next after.
- 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 lowercase letters) shall mean laws enacted by the State Legislature which apply alike to all cities and towns, to all cities, or to a class of two or more cities and/or cities and towns of which Weymouth is a member.
- General Laws
- The words "General Laws" (initial letter of each word in uppercase letters) shall mean the General Laws of the Commonwealth of Massachusetts, a codification and revision of statutes enacted on December 22, 1920, and including all amendments thereto subsequently adopted.
- HERETOFORE; HEREAFTER
- Whenever the word "heretofore" occurs in any ordinance it shall be construed to mean any time previous to the day when such ordinance shall take effect; and whenever the word "hereafter" occurs it shall be construed to mean the time after the ordinance containing such word shall take effect.
- 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.
- 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
- A newspaper of general circulation in the Town of Weymouth, with either a weekly or daily circulation.
- MAJORITY VOTE
- 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, by Home Rule Charter or by ordinance.
- 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.
- The Massachusetts General Laws.
- A calendar month.
- MULTIPLE-MEMBER BODY
- Any board, commission, committee, subcommittee or other body consisting of two or more persons, whether elected, appointed or otherwise constituted, but not including the Town Council or the School Committee.
- The word "must" shall be construed as being mandatory.
- 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 includes the singular number.
- 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."
- The word "owner," applied to any property, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such property.
- The word "person" shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to natural persons.
- PERSONAL PROPERTY
- Includes all tangible and intangible property other than real property.
- Next before.
- Includes real and personal property.
- The word "quorum," unless otherwise required by law or the Home Rule Charter, shall mean a majority of the members of a multiple-member body then in office, not including any vacancies that might then exist.
- REAL PROPERTY
- Includes all inherent natural resources and any man-made improvements thereon.
- REASONABLE TIME
- In all cases where any ordinance shall require 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.
- That portion of a street improved, designed or ordinarily used for vehicular traffic.
- The word "shall" is to be construed as being mandatory.
- That portion of a street between the curbline and the adjacent property intended for the use of pedestrians.
- STATE or THIS STATE
- The Commonwealth of Massachusetts.
- Includes 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.
- TENANT; OCCUPANT
- The words "tenant" and "occupant," applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others.
- The use of any verb in the present tense shall include the future when applicable.
- TOWN or THIS TOWN
- The Town of Weymouth, Massachusetts.
- TOWN AGENCY
- Any multiple-member body, any department, division, or office of the Town of Weymouth.
- TOWN BULLETIN BOARDS
- The bulletin board in the Town Hall on which the Town Clerk posts official notices of meetings and upon which other official Town notices are posted, and the bulletin boards at any other locations as may be designated Town bulletin boards by the Town Council.
- 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 Weymouth, Massachusetts." The words "Town officers," when used without further qualification or description, shall mean a person having charge of an office or department of the Town who, in the exercise of the powers or duties of such position, exercises some portion of the sovereign power of the Town.
- 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
- Include any representation of words, letters or figures, whether by printing or otherwise.
- A calendar year.
The rules of construction set forth in this ordinance shall not be applied to any ordinance which shall contain any express provision excluding such construction, or when the subject matter or context of such ordinance may be repugnant thereto.
All references to titles, chapters, or sections are to the titles, chapters and sections of these ordinances unless otherwise specified.
If the provisions of different chapters of these ordinances 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.
If conflicting provisions are found in different sections of the same chapter, the provisions of the section which is last in numerical order shall prevail.
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.
In all cases in which provisions of this Code conflict with one another, the provision enacted most recently in time shall be deemed to prevail over any older provision.
All ordinances and other votes passed by the Town Council which are excluded from the referendum provisions of the Home Rule Charter (Section 7-9) shall take effect and be in force from and after their passage by the Town Council and the approval of the Mayor, if required. All ordinances and other votes passed by the Town Council which are subject to the referendum provisions of the Town Charter shall take effect and be in force from and after the 22nd day following their passage by the Town Council and the approval of the Mayor, if required, unless a referendum petition has been filed against said measure, in which case the effective date shall be further suspended pending a resolution of the referendum question.
Nothing in this Code or the ordinance 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.
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 ordinance or ordinances of the Town in effect on the date of adoption of this Code, except as otherwise provided.
The repeal of an ordinance shall not revive any ordinance (or bylaw) in force before or at the time the ordinance repealed took effect.
The repeal of an ordinance 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 ordinance repealed.
Any ordinance of the Town of Weymouth 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.
"Enforcing person," as used in this section, shall mean any police officer of the Town of Weymouth, with respect to any offense, the Inspector of Buildings, a person designated by the Conservation Commission, the Director of Public Health, the Director of Public Works, the Animal Control Officer and such other officials as the Mayor may from time to time designate, each with respect to violation of ordinances and rules and regulations within their respective jurisdictions. Each such person as is here designated an "enforcing person" may, with the approval of the Mayor, 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 Mayor and at the Weymouth Police Station. 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.
Unless otherwise provided, each day a violation continues shall constitute a separate and repeat violation once notice of the violation has been given.
Any ordinance of the Town of Weymouth or any rule or regulation of its officers, boards or departments may, in accordance with the provisions of MGL c. 40, § 21, also be enforced by criminal complaint in the District Court. 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 within the limits otherwise prescribed by law. Each day a violation continues shall constitute a separate and repeat violation once notice of the violation has been given.
It is hereby declared to be the intention of the Town Council 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 Council without the incorporation in this Code of any such unconstitutional or invalid word, clause, sentence, paragraph or section.