[Adopted 6-8-2009 by Ord. No. 09-1002124C]
The ordinances and legislation of the City of Marlborough of
a general and permanent nature, including the 1986 Code adopted by
the City Council of the City of Marlborough on March 23, 1987, as
supplemented and republished by General Code with chapter reassignments
as set forth in the Derivation Table attached hereto and published
in said Code, are hereby approved, adopted, ordained and enacted as
the "Code of the City of Marlborough," hereinafter known and referred
to as the "Code."
In compiling and preparing the ordinances and 1986 Code for
publication as the 2008 Code of the City of Marlborough, no changes
in the meaning or intent of such ordinances have been made. 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.
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 Marlborough 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 City Clerk to be made available
to persons desiring to examine the same during all times while the
said Code is in effect.
The Clerk of the City of Marlborough, 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.
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 Marlborough shall be understood and intended to include such additions,
amendments or supplements. 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 the said Code as additions, amendments and supplements
thereto.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-39A and prior to the effective date of this ordinance given in § 1-29 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.
It shall be the duty of the Clerk, or someone authorized and
directed by the Clerk, to keep up-to-date the certified copy of the
book containing the Code required to be filed in the Clerk's
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 Marlborough to be misrepresented thereby.
Anyone violating this section of this ordinance shall be subject,
upon conviction, to a fine of not more than $200.
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 § 1-38 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 December 17, 2007.
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, assignments or charges.
J.
The dedication of property or approval of preliminary or final subdivision
plans.
K.
Any ordinance providing for salaries or compliments.
L.
Any ordinance relative to parking or traffic.
