City of Haverhill, MA
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Haverhill as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-9-1980 by Doc. 196-B (Ch. 1, Art. I, of the 1980 Code)]

§ 1-1 Adoption of Code.

The ordinances of the City of Haverhill of a general and permanent nature adopted by the City Council, as previously consolidated in the 1963 Code of the City of Haverhill, adopted 8-4-1964 by Doc. 200, and the ordinances of a general and permanent nature adopted by the City Council subsequent to 6-25-1963, all as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 255, are hereby approved, adopted, ordained and enacted as the Code of the City of Haverhill, hereinafter known and referred to as the "Code."

§ 1-2 Code supersedes prior ordinances.

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.

§ 1-3 When effective.

This ordinance shall take effect immediately upon passage and publication according to law.

§ 1-4 Inclusion of ordinance in Code.

This ordinance shall, upon adoption, be included in the Code as Chapter 1, General Provisions, Article I, Adoption of Code.

§ 1-5 Copy of Code on file.

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 Haverhill 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.

§ 1-6 Publication; filing.

The Clerk of the City of Haverhill, 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.

§ 1-7 Amendments to Code.

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 Haverhill 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.

§ 1-8 Inclusion of new legislation prior to adoption of Code.

All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-14A and prior to the effective date of this ordinance given in § 1-3 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.

§ 1-9 Code book to be kept up-to-date.

[Amended 7-10-2007 by Doc. 76]
It shall be the duty of the Clerk, or someone authorized and directed by the Clerk, to keep up-to-date the certified copy of the book containing the Code required to be filed in the Clerk's 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.

§ 1-10 Sale of Code book.

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.

§ 1-11 Altering or tampering with Code; penalties for violation.

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 Haverhill to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to a fine of not more than $200.

§ 1-12 Severability.

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.

§ 1-13 Repeal of ordinances.

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.

§ 1-14 Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-13 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 Doc. 139-C, adopted June 24, 1980.
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.
M. 
Document 69-X, adopted August 9, 1977.

§ 1-15 Changes in previously adopted ordinances.

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 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.
B. 
Throughout the Code, certain nomenclature changes have been made to bring the City's ordinances into compliance with the change in the City's form of government. Specifically, the following nomenclature changes have been made throughout the Code:
(1) 
The term "Manager" has been changed to "Mayor."
(2) 
References to "January" have been changed to "July" in reference to the fiscal year.
(3) 
"Superintendent of Public Buildings" has been changed to "Director of Buildings."
(4) 
"Board of Assessors" has been changed to "Assessor."
C. 
In addition, the following changes, amendments or revisions 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.[1]
[Amended 7-10-2007 by Doc. 76]
[1]
Editor's Note: The listing of specific revisions adopted by the 1980 Code adoption which followed this subsection is omitted from the 2007 Code, as section references are no longer valid. Said listing is included in Doc. 196-B, adopted 12-9-1980, on file in the office of the City Clerk. Refer also to histories in the Code citing Doc. 196-B, which indicate the sections, articles or chapters revised via the 1980 Code adoption.

§ 1-16 General penalty; specific penalties; noncriminal disposition; enforcement.

[Amended 8-23-1988 by Doc. 172]
A. 
Whoever violates any ordinance of the City, either of this Code or of any hereafter enacted, may be penalized by indictment or on complaint brought in the District Court. Except as may be otherwise provided by law, the maximum penalty for each violation or offense shall be $300. Each day on which any violation exists shall be deemed to be a separate offense.
B. 
Disposition of violations; enforcement.
(1) 
Whoever violates any provision of this Code, the violation of which is subject to 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. An offender shall be issued a written notice to appear before the Clerk of the Haverhill District Court during office hours not later than 21 days after the date of such notice, unless the matter is disposed of by way of paying the penalty imposed as provided by law.
[Amended 11-1-2005 by Doc. 145]
(2) 
Without intending to limit the generality of the foregoing, it is the intention of this provision that the following ordinances, rules and regulations are to be included in 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 purposes of this provision, the municipal personnel listed for each section, if any, shall also be enforcing persons for such sections; and each day on which any violation exists shall be deemed to be a separate offense.
Source
Subject/Enforcing Agency
Penalty
§ 11-33
[Added 6-28-1994 by Doc. 98; amended 5-21-2013 by Doc. 56]
Violation of any rule or regulation of the Board of Health
(Health Agents, Health Inspectors, Conservation Officers)
First offense
$25
Second offense
$50
Third offense
$100
§ 11-39
[Amended 5-21-2013 by Doc. 56]
Dumping rubbish, etc.
(Health Agents, Health Inspectors, Conservation Officers)
Biodegradable material; brush, trees and leaves
First offense
$100
Second offense
$200
Third offense
$300
Household or domestic material
$200
Construction or building material
$300
Board of Health Regulations
(Health Agents, Health Inspectors)
Renting without permit
$200
Installation of well without permit
$150
Abrasive blasting
$150
Violation of garbage, refuse and dumpster rules and regulations
First offense
$50
Second offense
$100
Third offense
$300
§ 100-1
[Amended 12-6-1988 by Doc. 229]
Consumption of or possession of an open alcoholic beverage in a park or playground
(Conservation Officers)
$50
§ 116-1
Boating on certain bodies of water
(Conservation Officers)
$50
§ 116-5
[Added 12-6-1988 by Doc. 229]
Shacks or structures on bodies of water
(Conservation Officers)
$50
§ 116-6
[Added 12-6-1988 by Doc. 229]
Fishing on certain bodies of water
(Conservation Officers)
$50
§ 116-7
[Added 12-6-1988 by Doc. 229]
Motors on bodies of water
(Conservation Officers)
$50
§§ 120-13 and 120-14
[Amended 7-10-2007 by Doc. 76]
Abandoned or fire-damaged buildings; and removal of signs of discontinued businesses
(Building Inspector)
$100
§ 145-17
Discharging firearms within public park
(Conservation Officers)
$300
§ 145-19B
[Added 3-27-1990 by Doc. 54]
Discharging firearms in Brandy Brow Area
(Conservation Officers)
$25
§ 173-5C
[Added 6-23-1998 by Doc. 98]
Separation of paper for collection
(Health Agents, Health Inspectors)
$25
First offense
Written warning
Second offense
$25
§ 173-6
Littering
(Conservation Officers)
$50
Chapter 182, Noise
[Added 10-15-1991 by Doc. 141; amended 1-28-1992 by Doc. 22; 7-10-2007 by Doc. 76]
§§ 182-6, 182-7 and 182-12 (see also §§ 182-14 and 182-15)
Construction hours, construction noise, excessive noise by rail carriers
(Health Agents and Health Inspectors and Building Inspector)
1st offense
$50
2nd offense
$100
3rd and subsequent offenses
$300
§ 182-13 (see also §§ 182-14 and 182-15)
Excessive noise by animals
(Health Agents and Health Inspectors, Building Inspector and Animal Control Officer)
1st offense
$50
2nd offense
$100
3rd and subsequent offenses
$300
§ 189-2
Defacing public property
(Conservation Officers)
$100
§ 193-8
[Amended 12-6-1988 by Doc. 229]
Swimming, bathing or wading in public water supply
(Conservation Officers)
$50
§ 193-9
[Added 12-6-1988 by Doc. 229]
Domestic animals on public water supply
(Conservation Officers)
$50
§ 193-12
[Added 12-6-1988 by Doc. 229]
Being on ice of certain bodies of water
(Conservation Officers)
$50
§ 193-14
[Added 5-26-1992 by Doc. 72]
Prohibited activities in Meadow Brook Conservation Area
(Conservation Officers, Health Inspectors)
1st offense
$50
2nd offense
$100
3rd offense
$300
Plus restitution for damages
§ 244-1
[Added 1-25-2000 by Doc. 15]
Storage of unregistered used motor vehicles
(Building Inspector, Assistant Building Inspector)
1st offense
$50
2nd offense
$100
3rd offense
$300
Chapter 255, Article VII
Violation of sign regulations
(Building Inspector, Assistant Building Inspector)
$50
§ 255-69
Building without a permit
(Building Inspector, Assistant Building Inspector)
$300
§ 255-72
Operating a business without a use and occupancy certificate
(Building Inspector, Assistant Building Inspector)
$50
Chapter 255, Table of Use and Parking Regulations
Violation of Table of Use and Parking Regulations
(Building Inspector, Assistant Building Inspector)
Open, outside storage
$300
Maintaining unauthorized business
$100
(3) 
Any person who fails to make known their proper name and address to an enforcing officer under this chapter in pursuit of his lawful duties may be arrested without a warrant by an officer empowered to make arrests.
[Added 12-6-1988 by Doc. 229]
[Adopted 7-10-2007 by Doc. 76]

§ 1-17 Adoption of Code.

The ordinances of the City of Haverhill as previously consolidated in the 1980 Code of the City of Haverhill, and subsequent ordinances of a general and permanent nature adopted by the City Council of the City of Haverhill, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 255, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of Haverhill," hereinafter referred to as the "Code."

§ 1-18 Code supersedes prior ordinances.

This ordinance and the Code shall supersede the 1980 Code of the City of Haverhill and 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.

§ 1-19 Continuation of existing provisions.

The provisions of the Code, insofar as they are substantively the same as those of the legislation in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such legislation and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior legislation.

§ 1-20 Copy of Code on file.

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 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.

§ 1-21 Amendments to Code.

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 Haverhill" 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 printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto.

§ 1-22 Publication; filing.

The Clerk of the City of Haverhill, pursuant to law, shall cause to be published, in the manner required by law, a copy of this Adoption Ordinance. 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.

§ 1-23 Code book to be kept up-to-date.

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 book containing 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 printed as supplements to said Code book, at which time such supplements shall be inserted therein.

§ 1-24 Sale of Code book.

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.

§ 1-25 Altering or tampering with Code; penalties for violation.

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 Haverhill 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 § 1-16 of the Code of the City of Haverhill.

§ 1-26 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.

§ 1-27 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.

§ 1-28 Repealer.

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.

§ 1-29 Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-28 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 December 20, 2006.
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 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 annexation or dedication of property or approval of preliminary or final subdivision plats.
K. 
Ordinances providing for local improvements or assessing taxes or special assessments therefor.
L. 
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.

§ 1-30 Changes in previously adopted ordinances.

A. 
In compiling and preparing the ordinances for publication as the Code of the City of Haverhill, 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.
B. 
Nomenclature.
(1) 
In the following chapters of the Code, the terms "Commissioner of Public Works" and "Superintendent of Streets" are revised to refer to the "Superintendent of Highways":
(a) 
Chapter 141, Electrical Standards.
(b) 
Chapter 222, Streets and Sidewalks.
(c) 
Chapter 240, Vehicles and Traffic.
(2) 
Throughout the Code, references to "Highway Superintendent" are revised to refer to the "Superintendent of Highways."
(3) 
Throughout the Code, references to "Purchasing Agent" are revised to read "Chief Procurement Officer."
(4) 
In Chapter 137, Dogs and Other Animals, the term "Dog Officer" is revised to read "Animal Control Officer."
C. 
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.)[1]
[1]
Editor's Note: In accordance with § 1-30C, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance (Doc. 76) are indicated throughout the Code by the following history: "Amended (added, deleted, adopted) 7-10-2007 by Doc. 76." Schedule A, which contains a complete description of all changes, is on file in the office of the City Clerk.

§ 1-31 Gender neutral language.

Throughout this Code, unless otherwise specifically noted, words importing the masculine gender shall include the feminine gender, and words importing the feminine gender shall include the masculine gender.

§ 1-32 When effective.

This ordinance shall take effect upon passage and publication as required by law.