[HISTORY: Adopted by the Town of Amesbury
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. 10 of the 1990 Bylaws; amended
in its entirety 7-13-2010 by Bill
No. 2010-057]
A.
Criminal complaint. Whoever violates any provision
of these ordinances may be penalized by a complaint brought in the
District Court or by indictment. Except as otherwise provided by law,
or as the District Court may see fit to impose, the maximum penalty
for each violation or offense shall be $300.
B.
Noncriminal disposition. Whoever violates any provision
of these ordinances, the violation of which is subject to a specific
penalty, may be penalized by a noncriminal disposition as provided
by MGL c. 40, § 21D. This method 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. For purposes of noncriminal
disposition, the penalty for a violation of an ordinance or regulation
for which a specific penalty has not otherwise been provided shall
be $100.
It is the intention of this provision that the
following ordinances and regulations and sections of those ordinances
are to be included within the scope of this section, that the specific
penalty as listed here shall apply in such cases and that, in addition
to police officers, who shall in all cases be considered persons entitled
to enforce 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 a separate offense.
In the construction of this Code, the following rules shall
be observed, unless the context or subject matter requires otherwise:
A.
Number and
gender. Words imparting the singular number may extend and be applied
to several persons or things, and words imparting the plural number
may include the singular. Words imparting the masculine gender shall
include the feminine gender.
B.
Person. The
word "person" extends and applies to natural persons, firms, corporations,
associations, partnerships or bodies corporate or politic and all
entities of any kind capable of being sued unless plainly inapplicable.
C.
Acts by agents.
When a provision requires an act to be done which may by law as well
be done by any agent as by the principal, such provision shall be
construed to include all such acts when done by an authorized agent.
D.
Tense. Words
used in the present tense include the future.
E.
Shall and
may. The word "shall" is mandatory and not directive. The word "may"
is permissive.
[Adopted 7-13-2010 by Bill No. 2010-057]
The ordinances of the city known as the Town of Amesbury of a general and permanent nature adopted by the Municipal Council and the bylaws adopted by the Town Meeting of the Town of Amesbury, all as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 460, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Amesbury Municipal Code, hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all other general
and permanent bylaws and ordinances enacted prior to the enactment
of this Code, except such bylaws and ordinances as are hereinafter
expressly saved from repeal or continued in force.
This ordinance shall take effect fifteen days after adoption
in accordance with the provisions of the Town Charter.
A copy of the Code shall be maintained in the office of the
City Clerk and shall remain there for use and examination by the public.
Any and all additions, amendments or supplements to the Code,
when passed and adopted in accordance with the Town Charter, shall
be deemed to be incorporated into such Code so that reference to the
Amesbury Municipal Code shall be understood and intended to include
such additions and amendments.
Copies of the Code may be purchased from the Clerk upon the
payment of a fee to be set by the Municipal 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 Town of Amesbury to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to a penalty as set forth in Chapter 1, Article I, of the Code.
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.
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.
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 bylaws and 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 bylaws and ordinances provided for in § 1-15 of this ordinance shall not affect the following bylaws, ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any bylaw or ordinance adopted on or subsequent to November 18, 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 bylaw or 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 bylaw, 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.
Bylaws or 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
plans.
K.
Any bylaw or ordinance providing for salaries or compensation for
municipal officers and employees.
L.
The Zoning Bylaw and Zoning Map and any amendments thereto.
M.
Any ordinance or bylaw or portion thereof establishing a specific
fee amount for any license, permit or service obtained from the City.
A.
In compiling and preparing the bylaws and 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 bylaws and ordinances.
It is the intention of the Municipal Council that all said changes
be adopted as part of the Code as if the bylaws and ordinances so
changed had been previously formally amended to read as such.
B.
The following changes are made throughout the Code:
C.
In addition, the amendments and/or additions as set forth in Schedule
A[1] 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 bylaws and ordinances as
they have been renumbered and appear in the Code.)
[1]
Editor's Note: In accordance with § 1-15C, the chapters, parts and sections which were added, amended, adopted 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, additions or deletions will be replaced with the following history: "Amended (added, deleted) 7-13-2010 by Bill No. 2010-057." Schedule A, which contains a complete description of all changes, is on file in the City offices.
