[§§ 1-1 to 1-6 of the 1967
Code]
These By-Laws shall be designated as "By-Laws
of the Town of Marblehead."
So far as the provisions of these By-Laws are
the same in effect as those of previously existing By-Laws, they shall
be construed as a continuation of such By-Laws, but all By-Laws or
portions thereof, heretofore in force inconsistent herewith, are hereby
repealed.
In all the By-Laws of the Town, the words and
expressions shall, unless inconsistent with the manifest intent, be
severally construed as follows:
A. The words "public way" shall include any highway,
town way, road, bridge, street, avenue, boulevard, roadway, parkway,
lane, sidewalk or square.
B. Words purporting to give joint authority to a board
or committee shall give authority to a majority of such board or committee;
the word "person" shall include corporations; words importing the
singular number shall apply to the plural number; and words importing
the masculine gender shall apply to the feminine gender.
[Amended 3-14-1972 ATM by Art. 30]
A. Whoever violates a provision of any By-Law of the
Town shall, unless other provision is expressly made, be liable to
a penalty not exceeding $50 for each offense.
B. Violation of the following portions of this By-Law
may be penalized by a noncriminal disposition in the manner provided
in Chapter 40, Section 21D of the General Laws. For the purpose of
this section, the specific penalty which is to apply for violation
of each such chapter shall be as listed below and the Town officers
or employees whose titles are listed under each chapter shall be deemed
to be enforcing officers for each such chapter. Each day on which
a violation exists may be deemed to be a separate offense.
[Added 5-5-1997 ATM by Art. 41]
(1)
(a) Penalty for violation of any provision contained in Chapter
190 shall be as follows:
[3]
Third and subsequent offenses: $150.
(b) Enforcing persons: Harbormaster and Assistant Harbormasters.
(2) Chapter
225, Landing Places.
(a) Penalty for violation of any provision contained in Chapter
225 shall be $20 for each offense.
(b) Enforcing persons: Harbormaster and Assistant Harbormasters.
When in any By-Law anything is prohibited from
being done without the license or permission of a certain officer
or officers, such officer or officers shall have the power to license
or permit such thing to be done.
These By-Laws may be amended at any Town Meeting,
an article or articles for that purpose having been inserted in the
warrant for such meeting.
[At the Annual Town Meeting held on May
3, 2003, under Articles 38 and 39, it was voted to accept the renumbering
and recaptioning of the General Bylaws and Zoning Bylaw of the Town
of Marblehead as set forth in Part I and Part II of this Code. Copies
of Articles 38 and 39 are on file in the office of the Town Clerk.]
[At the Annual Town Meeting held on May 2, 2022, Articles
40 and 42 amended the General Bylaws to: 1) Change "Selectmen" and
"Board of Selectmen" to "Select Board"; 2) Change "Chairman" to "Chair";
3) Change "he, his or him" to "the person," "the individual," "they,"
"them," "their" or the appropriate job title as grammatically appropriate.]