[HISTORY: Adopted by the City Council of the City of Lowell as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-26-1988 as §§ 1-2, 1-6, 1-9, 1-10 and 1-15 to 1-18 of the 1988 Code]
In the construction of this Code and of all other ordinances of the City, the following rules of construction shall be observed, unless the construction thereby attained would be inconsistent with the manifest intent of the City Council or repugnant to the context of the ordinance:
City. The word "City" shall mean the City of Lowell, in the County of Middlesex and the Commonwealth of Massachusetts.
City Council. The words "City Council" or "Council" shall mean the City Council of the City of Lowell, Massachusetts.
Code. Unless clearly indicated otherwise, the term "Code" or "this Code" shall mean the Code of Ordinances, City of Lowell, Massachusetts.
Commonwealth. The word "commonwealth" or "state" shall mean the Commonwealth of Massachusetts.
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 is a Sunday or a legal holiday that shall be excluded.
County. The word "county" shall mean the County of Middlesex, Massachusetts.
Delegation of authority. Whenever a provision appears requiring the head of a department or other officer of the City to do some act or perform some duty, or granting some right to him as such official, it shall be construed to authorize such department head or officer to designate, delegate and authorize subordinates to do the required act or perform the required duty, or it shall grant to them such right, unless the terms of the provision designate otherwise.
Gender. A word importing the masculine gender only shall extend and be applied to females and to trusts, associations, firms, partnerships and corporations as well as to males.
Joint authority. 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.
Joint liability. Whenever any act is prohibited, the agent or employer, as well as the person actually doing such prohibited act, shall be liable to the prescribed penalty.
MGL. "MGL" shall mean the Massachusetts General Laws annotated, as amended.
Month. The word "month" shall mean a calendar month.
Number. Words importing the singular number only shall extend to and be applied to the plural number.
Owner; occupant. The word "owner" or "occupant," when used with reference to a building or land, shall be construed as including any sole owner or occupant and any joint tenant, tenant by the entirety and tenant in common of the whole or a part of the building or land.
Person; whoever. The words "person" and "whoever" shall be construed as including corporations, firms, societies, associations and partnerships as well as individuals.
Plural and singular. Words importing the singular shall include the plural; words importing the plural shall include the singular.
Preceding; following. The words "preceding" and "following" shall mean next before and next after, respectively.
Statute references. Whenever reference is made to the General Laws, this shall mean the Massachusetts General Laws annotated and shall be cited as MGL.
Street; highway. The words "street" and "highway" shall be construed as including avenues, courts, lanes, alleys, squares, places, sidewalks, and all other public ways in the City, and each of these words includes every other of them.
Tense. Words used in the past or present tense include the future as well as the past and present.
Week. The word "week" shall mean a period of seven days, beginning with Sunday and ending with the Saturday next following.
Written; in writing. The words "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing, through electronic communication, or otherwise.
All bylaws of the City shall be denominated "ordinances" and the enacting style shall be "Be it ordained by the City Council of the City of Lowell as follows:..."
All references in this Code and other ordinances of the City to chapters and sections of the General Laws of the commonwealth and other acts of the legislature shall be deemed to apply to such chapters and sections as now or hereafter amended.
The catch lines of the several sections of this Code 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 catch lines, are amended or reenacted.
Whoever violates any provision of this Code or other ordinance of the City shall, except where different provision is made by such provision of this Code or other ordinance or by the laws of the commonwealth, forfeit and pay to the use of the City a sum of not more than $300.
Any ordinance of the City of Lowell herein contained, or rule or regulation of any of its boards, commissions or committees, including the State Sanitary Code, the violation of which is subject to a penalty, may, in the discretion of the City official who is the appropriate enforcing person, be enforced in the method for which provision is made and a procedure is set forth in MGL c. 40, § 21D, that is, noncriminal disposition. Each day or portion of a day that any violation of these ordinances of the City of Lowell or rules and/or regulations of its boards, commissions or committees is allowed to continue shall constitute a separate offense and the violation is subject to daily citation. For purposes of this section, "City official" shall mean "enforcing person," and by the term "enforcing person" is meant any police officer of the City of Lowell and any other individual in charge of a department, board or commission of the City of Lowell which has the responsibility for the administration or enforcement of the given ordinance alleged to have been violated.
Violations of the ordinances in the Code of Ordinances, City of Lowell, Massachusetts, rules or regulations may be disposed of in accordance with § 1-6 and MGL c. 40, § 21D.
All fines and penalties provided for in this Code or other ordinances of the City shall be recoverable by prosecution in the District Court of Lowell and, except in cases otherwise specially provided for, shall be to the use and benefit of the City.
The ordinances of the City of Lowell as previously codified in the 1988 Code of Ordinances of the City of Lowell and subsequent ordinances of a general and permanent nature adopted by the City Council of the City of Lowell, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 290, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of Lowell," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede the 1988 Code of Ordinances of the City of Lowell 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.
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.
A copy of the Code 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.
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 Lowell" 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 inserted in the Code as amendments and supplements thereto.
The Clerk of the City of Lowell, 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.
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 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 included as supplements to said Code.
Copies of the Code, or any chapter or portion of it, may be purchased from General Code, the authorized agent of the City of Lowell, upon payment of the established fee for such. Periodic supplements of the Code may be purchased in the same manner. Information for the procedures for such purchases shall be available at the office of the City Clerk.
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 Lowell 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 § 1-5 of the Code of the City of Lowell.
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. If any provision of this Code or the application thereof to any person or circumstances is held invalid, the remainder of this Code and the application of such provision to other persons or circumstances shall not be affected thereby.
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 Adoption Ordinance, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-20 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to October 28, 2008.
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.
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.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
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.
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.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
The levy or imposition of taxes, assessments or charges.
The annexation or dedication of property or approval of preliminary or final subdivision plats.
Ordinances providing for local improvements or assessing taxes or special assessments therefor.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
Any ordinance or portion of an ordinance pertaining to the rate and manner of payment of salaries and compensation of municipal officers and employees or establishing or classifying positions.
Any ordinance or portion of an ordinance establishing traffic or parking regulations.
The Zoning Ordinance and all associated maps and all amendments thereto.
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the City.
Any ordinance or portion of an ordinance accepting or adopting the provisions of any statute of the commonwealth.
In compiling and preparing the ordinances for publication as the Code of the City of Lowell, 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.
Nomenclature. The following titles are updated throughout the Code:
"Chief of Police" to "Superintendent of Police."
"Board of Appeal" and "Zoning Board of Appeals" to "Board of Appeals."
"Board of License Commissioners" to "License Commission."
"Board of Park Commissioners" to "Board of Parks."
"Auditor of Accounts" to "Auditor."
"Assessors" and "Assessors of Taxes" to "Board of Assessors."
"Dog Officer" to "Animal Control Officer."
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.)
Editor's Note: Editor's Note: In accordance with § 1-22C, the chapters, parts and sections which were amended, added or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments or additions will be replaced with the following history: "Amended (added, deleted) 12-23-2008." Schedule A, which contains a complete description of all changes, is on file in the City offices.
This ordinance, which adopts the new Code, shall take effect immediately upon its passage in accordance with the provisions of Chapter 43 and Chapter 44 of Massachusetts General Laws.