[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:
A.
City. The word "City" shall mean the City of Lowell,
in the County of Middlesex and the Commonwealth of Massachusetts.
B.
City Council. The words "City Council" or "Council"
shall mean the City Council of the City of Lowell, Massachusetts.
C.
Code. Unless clearly indicated otherwise, the term
"Code" or "this Code" shall mean the Code of Ordinances, City of Lowell,
Massachusetts.
D.
Commonwealth. The word "commonwealth" or "state" shall
mean the Commonwealth of Massachusetts.
E.
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.
F.
County. The word "county" shall mean the County of
Middlesex, Massachusetts.
G.
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.
H.
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.
I.
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.
J.
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.
K.
MGL. "MGL" shall mean the Massachusetts General Laws
annotated, as amended.
L.
Month. The word "month" shall mean a calendar month.
M.
Number. Words importing the singular number only shall
extend to and be applied to the plural number.
N.
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.
O.
Person; whoever. The words "person" and "whoever"
shall be construed as including corporations, firms, societies, associations
and partnerships as well as individuals.
P.
Plural and singular. Words importing the singular
shall include the plural; words importing the plural shall include
the singular.
Q.
Preceding; following. The words "preceding" and "following"
shall mean next before and next after, respectively.
R.
Statute references. Whenever reference is made to
the General Laws, this shall mean the Massachusetts General Laws annotated
and shall be cited as MGL.
S.
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.
T.
Tense. Words used in the past or present tense include
the future as well as the past and present.
U.
Week. The word "week" shall mean a period of seven
days, beginning with Sunday and ending with the Saturday next following.
V.
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.
[Amended 12-23-2008]
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.
[Amended 12-23-2008]
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.
[Amended 4-4-1989]
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.
[Amended 12-23-2008]
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.
[Adopted 12-23-2008]
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:
A.
Any ordinance adopted subsequent to October 28, 2008.
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.
M.
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.
N.
Any ordinance or portion of an ordinance establishing traffic or
parking regulations.
O.
The Zoning Ordinance and all associated maps and all amendments thereto.
P.
Any ordinance or portion of an ordinance establishing a specific
fee amount for any license, permit or service obtained from the City.
Q.
Any ordinance or portion of an ordinance accepting or adopting the
provisions of any statute of the commonwealth.
A.
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.
B.
Nomenclature. The following titles are updated throughout the Code:
(1)
"Chief of Police" to "Superintendent of Police."
(2)
"Board of Appeal" and "Zoning Board of Appeals" to "Board of Appeals."
(3)
"Board of License Commissioners" to "License Commission."
(4)
"Board of Park Commissioners" to "Board of Parks."
(5)
"Auditor of Accounts" to "Auditor."
(6)
"Assessors" and "Assessors of Taxes" to "Board of Assessors."
(7)
"Dog Officer" to "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: 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.
