[HISTORY: Adopted by the Board of Aldermen
(now City Council) of the City of Chicopee as indicated in article
histories. Amendments noted where applicable.]
[Adopted as Ch. 1, Art. 1/I of the 1976 Code]
[Amended 9-1-2009]
All bylaws of the City of Chicopee shall be
denominated ordinances, and the enacting style thereof shall be "Be
it ordained by the City Council of the City of Chicopee, as follows."
All ordinances which shall be passed by the
Board of Aldermen of said City shall be recorded by the City Clerk,
in the order in which they shall pass to be ordained, in a book to
be kept for that purpose. Such ordinances shall also be printed in
the municipal register for the year in which they shall have been
passed.
[Amended 9-1-2009]
Whenever the City Council expresses anything
by way of command, the form of expression shall be "ordered"; and
when said City Council expresses opinions, principles, facts or purposes,
the form shall be "resolved."
Every ordinance passed shall take effect upon
its passage, unless otherwise expressly provided therein.
Whoever violates a provision of any ordinance
of the City, whether included herein or hereafter enacted, shall,
unless other provision is expressly made, be liable to a penalty of
not more $20 for each offense.
When anything is prohibited in an ordinance,
not only the persons actually doing the prohibited thing, but also
the employers and all other persons concerned therein, shall be liable
to the penalty prescribed therefor.
A.
In the construction of all ordinances of the City,
the following rules shall be observed unless such construction would
be inconsistent with the manifest intent of the City Council or repugnant
to the context of the same ordinance.
[Amended 9-1-2009]
B.
Word usage. Words importing the singular number shall
include the plural, words importing the plural shall include the singular
and words importing the masculine gender shall include females and
boards of the City. The words "street," "streets," "highway" and "highways"
shall be synonymous and shall include all public ways, all avenues,
courts, lanes, alleys, squares and sidewalks and those parts of public
places which form traveled parts of highways. Words purporting to
give 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.
C.
OWNER
PERSONS
SIDEWALK
TENANT and OCCUPANT
Definitions. As used in this Code, the following terms
shall have the meanings indicated:
When applied to a building or land, shall include any person
who occupies the whole or any part of such building or land, either
alone or with others.
Includes corporations.
Includes all walks which have been graded and constructed
for the use of persons traveling on foot, whether made of concrete,
brick, cement, stone, plank, cinders or dirt and also such portions
of bridges as are designed for the use of foot passengers.
When applied to a building or land, shall include any person
who occupies the whole or any part of such building or land, either
alone or with others.
D.
All amendments and additions to the Code of the City
will conform to the general format of this Code and be sent to the
Law Department for approval of construction and legality before the
second and final reading. Each will be assigned to a chapter and properly
numbered according to Articles and sections by the Ordinance Committee
of the City Council. Whenever necessary, the Ordinance Committee shall
ask the Clerk to recommend the format and location of ordinances.
Within 90 days of the amendment of any section or chapter of this
Code, the Clerk shall make available to the public and to persons
kept on a special mailing list for that purpose new pages or chapters
for insertion in their copies of the Code as is appropriate.
[Amended 2-21-1984; 9-1-2009]
The Clerk shall make copies of this Code available
to the public at a reasonable cost. However, the cost shall at least
cover the cost of printing and binding.
[Added 4-15-1997 by Ord. No. 97-23]
A.
Before any Board, Committee or Commission issues any
license or permit in the City of Chicopee, all ordinances, zoning
or regular, must be satisfied first.
B.
REGULAR ORDINANCE
ZONING ORDINANCE
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
All of zoning ordinances as defined in Chapter 275 to include all revisions to this chapter.
[Adopted 2-19-1991 by Ord. No. 91-1]
[Amended 9-1-2009]
The ordinances of the City of Chicopee of a general and permanent nature adopted by the City Council, as previously consolidated in the 1976 Code of the City of Chicopee, adopted May 4, 1976, and the ordinances of a general and permanent nature adopted by the City Council subsequent to that date, all as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 275, are hereby approved, adopted, ordained and enacted as the Code of the City of Chicopee, hereinafter known and 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.
This ordinance shall take effect immediately
upon passage and publication according to law.
A copy of the Code in loose-leaf form 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 Clerk of the City of Chicopee by impressing
thereon the seal of the City as provided by law, and such certified
copy shall remain on file in the office of the Clerk of the City to
be made available to persons desiring to examine the same during all
times while the said Code is in effect.
The Clerk of the City of Chicopee, pursuant
to law, shall cause to be published, in the manner required, a copy
of this adopting ordinance in a newspaper of general circulation in
the City. 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 adopting
ordinance, coupled with the availability of copies 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.
[Amended 9-1-2009]
Any and all additions, amendments or supplements
to the Code, when passed and adopted in such form as to indicate the
intent of the City 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 Chicopee shall be understood and intended to include such
additions and amendments. Whenever such additions, amendments or supplements
to the Code shall be adopted, they shall thereafter be printed and,
as provided hereunder, inserted in the loose-leaf book containing
the said Code as amendments and supplements thereto.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-22A and prior to the effective date of this ordinance given in § 1-11 are hereby deemed to be part of the Code and shall, upon being printed, be included therein. Attested copies of all such legislation shall be temporarily placed in the Code until printed supplements are included.
It shall be the duty of the Clerk, or someone
authorized and directed by her, to keep up-to-date the certified copy
of the book containing the Code required to be filed in her office
for the use of 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 printed as supplements to said Code book, at which
time such supplements shall be inserted therein.
[Amended 9-1-2009]
Copies of the Code book containing the Code
may be purchased from the Clerk upon the payment of a fee to be set
by City Council, which may also arrange for procedures for the periodic
supplementation thereof.
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 Chicopee to be misrepresented
thereby. Anyone violating this section of this ordinance shall be
subject, upon conviction, to a fine of not more than $200.
A.
Severability of Code provisions. 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.
B.
Severability of ordinance provisions. 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 adopting ordinance, except as hereinafter
provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-21 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinance adopted subsequent to June 6, 1989.
B.
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.
C.
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.
D.
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.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred.
F.
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.
G.
Any ordinance or resolution 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.
H.
Ordinances authorizing the purchase, sale, lease or
transfer of property, or any lawful contract or obligation.
I.
The levy or imposition of taxes, assessments or charges.
J.
The dedication of property or approval of preliminary
or final subdivision plats.
K.
Any ordinance providing for salaries or complements.
L.
Any ordinance relating to traffic or parking.
A.
In compiling and preparing the ordinances for adoption
and revision as part of the Code, certain grammatical changes and
other minor changes were made in one or more of said ordinances. It
is the intention of the City Council that all said changes be adopted
as part of the Code as if the ordinances so changed had been previously
formally amended to read as such.
[Amended 9-1-2009]
