[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.
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.
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.
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.
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.
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.
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.
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.
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.
A newspaper of general circulation in the Town of Weymouth,
with either a weekly or daily circulation.
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.
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.
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.
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.
Includes all inherent natural resources and any man-made
improvements thereon.
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.
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.
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.
The Town of Weymouth, Massachusetts.
Any multiple-member body, any department, division, or office
of the Town of Weymouth.
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.
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.
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.
(a)Â
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.
(b)Â
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.
(c)Â
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.
(d)Â
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.
(a)Â
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.
(b)Â
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.
(a)Â
The repeal of an ordinance shall not revive any ordinance (or bylaw)
in force before or at the time the ordinance repealed took effect.
(b)Â
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.
(a)Â
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.
(b)Â
"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.
(c)Â
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.
