[HISTORY: Adopted by the City Council of
the City of Fitchburg as indicated in article histories. Amendments
noted where applicable.]
[Adopted as §§ 1-5 through 1-16 of the
1965 Code]
The catchlines of the several sections of the
Code of the City of Fitchburg 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.
The enacting style of all ordinances shall be,
"Be it ordained by the City Council of the City of Fitchburg, as follows."
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.
Immediately upon the passage of any ordinance
or amendment to any ordinance, an attested copy of the same shall
be sent by the City Clerk to the Clerk of the District Court of Fitchburg
and to the head of the department to which it relates.
Ordinances hereafter enacted, unless otherwise
expressly provided therein, shall take effect and be in force from
and after the time of passage thereof and approval by the Mayor, subject
to the provisions of MGL c. 43, §§ 42 and 55, or any
amendments thereof.
[Amended 5-5-1987 by Ord. No. 194-87]
All ordinances hereafter enacted or presented
to the City Council for enactment shall be drafted, so far as possible,
as specific amendments of or additions to the Code of the City of
Fitchburg.
When in an ordinance anything is prohibited
from being done without the license or permission of a certain officer
or board, such officer or board shall have the power to license or
permit such thing to be done. Nothing herein shall be held to permit
the waiver or violation of any provision of an ordinance.
[Amended 5-5-1987 by Ord. No. 194-87]
A.
CITY
COUNCIL
DRAINS
MONTH
OATH
OWNER
PERSON
PRECEDING and FOLLOWING
SEWER
STREET, HIGHWAY or WAY
TENANT or OCCUPANT
WRITTEN or IN WRITING
The following definitions shall be observed for the
Code and all other ordinances unless such definition would be inconsistent
with the manifest intent of the City Council or the context of the
ordinance:
The City of Fitchburg, in the County of Worcester and Commonwealth
of Massachusetts.
The City Council of the City of Fitchburg.
When used in ordinances and orders, shall be construed to
mean a pipe or conduit for the conveyance of storm or groundwater.
A calendar month.
Includes 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."
As applied to a building or land, includes any part owner,
joint owner, tenant in common, tenant by entirety, or joint tenant
of the whole or of a part of such building or land.
Includes firms, trust, corporations and associations of any
nature or description.
Next before and next after, respectively.
When used in ordinances and orders, shall be construed to
mean a pipe or conduit for the conveyance of house sewage only.
Includes all public ways, alleys, lanes, courts and sidewalks
and those parts of public squares and places which form traveled parts
of highways. Each of these words includes every other of them.
As applied to a building or land, includes any person holding
a written or oral lease of or who occupies the whole or a part of
such building or land, either alone or with others.
Includes any representation of words, letters or figures,
whether by printing or otherwise.
B.
Word usage.
(1)
Gender. All chapters of the City Code shall use gender-neutral
language, which language shall apply to males, females, firms, partnerships,
corporations or other entities. The Municipal Code of the City of
Fitchburg shall be amended so as to make the language in the Municipal
Code gender neutral, as follows:
[Amended 6-3-2014 by Ord. No. 100-2014]
(a)
In each place that the word "he" appears without being
followed by the word "she" or the words "or she" the words "or she"
shall be immediately added after the word "he." If the reference is
to "he/she," it shall be amended to read "he or she."
(b)
In each place that the word "his" appears without
being followed by the word "her" or the words "or her," the words
"or her" shall be immediately added after the word "his." If the reference
is to "his/her," it shall be amended to read "his or her."
(c)
In each place that the word "him" appears without
being followed by the word "her" or the words "or her," the words
"or her" shall be immediately added after the word "him." If the reference
is to "him/her," it shall be amended to read "him or her."
(d)
In each place that the word "himself" appears without
being followed by the word "herself" or the words "or herself," the
words "or herself" shall be immediately added after the word "himself."
If the reference is to "himself/herself," it shall be amended to read
"himself or herself."
(e)
In each place the word "man" appears, it shall be
amended to read "man or woman."
(f)
In each place the word "men" appears, it shall be
amended to read "men or women."
(g)
The word "Chairman" shall be deleted in each place
that it appears and shall be replaced by the word "Chair," including
where it is preceded by the word "Vice."
(h)
In each place the word "patrolman" appears, it shall
be amended to read "patrolman or patrolwoman."
(i)
In each place the word "workman" appears, it shall
be amended to read "worker."
(j)
In each place the word "workmen" appears, it shall
be amended to read "workers."
(k)
All future ordinances enacted shall contain gender-neutral
language as heretofore described.
(2)
Number. The word importing the singular number only
may extend and be applied to several persons and things as well as
to one person and thing.
(3)
Time. Words used in the past or present tense include
the future as well as the past and present.
(4)
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.
C.
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; and if the last day be Sunday or a legal holiday, that shall
be excluded.
D.
Statute references. Whenever reference is made to
MGL c. .... , § ...... this shall mean the Tercentenary
Edition of General Laws.
[Amended 10-7-1965; 5-5-1987 by Ord. No. 194-87; 5-13-2008 by Ord. No. 086-08]
Whoever violates any ordinance of the City whereby
any act or thing is enjoined or prohibited or required, whether included
in this volume or hereafter ordained, shall, unless other provision
is expressly made in this article or by statute, be liable to a penalty
of $300 for each offense. Each day any violation of this Code shall
continue shall constitute a separate offense.
[Amended 5-13-2008 by Ord. No. 086-08]
A.
Any persons who violate an ordinance, and those persons
acting in concert with them, including their employers or employees,
agents or servants and all other persons participating in the violation,
shall be liable to the penalty prescribed to the fullest extent permitted
by law.
B.
All invoices for the payment of municipal charges
and bills are due within 30 days after they are mailed, unless a different
due date is otherwise provided by law or ordinance. Any invoice remaining
unpaid after its due date, whether established in this section or
otherwise, will accrue interest from the due date at the rate of interest
charged on tax bills under the provisions of General Laws Chapter
59, Section 57, as the same may from time to time be amended.
C.
The City hereby imposes a lien on real property located within the City for any charge or fee, imposed by the City, that has not been paid by the due date. Such charges and fees include, but are not limited to, any fee due under the provisions of Chapter 94 of this Code, any charge or fee due imposed by the non-criminal ticketing process established under the Code or imposed by a department, division, board or commission. This lien shall be known as the “municipal charges lien.” The municipal charges lien will take effect upon the recording of a list of unpaid municipal charges and fees by parcel of land and by the name of the person assessed for the charge or fee in the Northern Worcester District Registry of Deeds.
(1)
If a charge or fee which is secured by a municipal
charges lien remains unpaid when the assessors are preparing a real
estate tax list and warrant to be committed under General Laws Chapter
59, Section 53, the board or officer in charge of the collection of
the municipal charge or fee, or the Collector of Taxes, shall certify
such charge or fee to the assessors, who shall forthwith add this
charge or fee to the tax on the property to which it relates and commit
it with their warrant to the Collector of Taxes as part of the tax.
(2)
If the property to which such charge or fee relates
is tax exempt, such charge or fee shall be committed as the tax. A
lien under this section may be discharged by filing a certificate
from the Tax Collector that all municipal charges or fees constituting
the lien, together with any interest and costs thereon, have been
paid or legally abated. All costs of recording or discharging a lien
under this section shall be borne by the owner of the property.
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.
All department heads, members of boards or commissions
shall qualify with the City Clerk by taking the following oath of
office:
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"Do you solemnly promise and swear that you
will faithfully and impartially and to the best of your knowledge
and ability perform and discharge all the duties incumbent upon you
as (name the office) for the term for which you have been elected
or until your successor shall be elected (or appointed) and qualified."
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[Adopted 5-5-1987 by Ord. No. 194-87]
The ordinances of the City of Fitchburg of a general and permanent nature adopted by the City Council, as previously consolidated in the 1965 Code of the City of Fitchburg, 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 183, are hereby approved, adopted, ordained and enacted as the Code of the City of Fitchburg, 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 Fitchburg 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 said Code is in effect.
The Clerk of the City of Fitchburg, 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 12-3-2002 by Ord. No. 348-02]
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 Fitchburg 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 said Code as amendments and supplements thereto. However, Chapter 181, the Zoning Ordinance, as most recently amended, and any other chapter which the City Council may from time to time so designate, may be published and printed in a separate loose-leaf book which shall contain any amendments and supplements thereto and which shall be maintained and made available in the City Clerk's office in accordance with this Code.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-26A and prior to the effective date of this ordinance given in § 1-15 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.
[Amended 6-3-2014 by Ord. No. 100-2014]
It shall be the duty of the Clerk or someone
authorized and directed by him or her to keep up-to-date the certified
copy of the book containing the Code required to be filed in his or
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.
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 Fitchburg to be misrepresented
thereby. Anyone violating this section of this ordinance shall be
subject, upon conviction, to a fine of not more than $50.
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 § 1-25 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 January 1, 1986.
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.
Any zoning provision.
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.
