City of Pittsfield, MA
Berkshire County
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Table of Contents
Table of Contents
CHARTER REFERENCES
Ordinances and other measures — See § 2-9.
Executive powers; enforcement of ordinances — See § 3-2.
Elections — See Article 8.
Periodic review of ordinances — See § 10-4.
GENERAL REFERENCES
City Clerk as keeper of City Seal — See § 2-5.
Duties of City Solicitor — See § 2-10.
Duty of City Solicitor to attend meetings of committee on claims and licenses — See § 2-11.
Licenses generally — See Ch. 11.
Disposition of fines and forfeitures under the provisions of Chapter 13 — See § 13-9.
STATE LAW REFERENCES
City seals generally — See MGL c. 40, § 47.
[R. O. 1947, ch. 43, § 2]
The ordinances contained in this chapter and the following chapters and sections shall constitute and be designated “The Code of the City of Pittsfield, Massachusetts,” and may be so cited. Such ordinances may also be cited as “Pittsfield City Code.”
[R. O. 1947, ch. 43, § 2]
So far as the provisions of this Code are the same in effect as those of the Revised Ordinances of 1947, amendments thereto and other previously existing ordinances, they shall be construed as continuations thereof. All other ordinances of the city now in force and effect are hereby repealed at the moment of the taking effect of this Code, subject, however, to the aforesaid limitation and to the other provisions of this section; but this repeal shall not apply to or affect any ordinance heretofore adopted accepting or adopting the provisions of any statute of the commonwealth.
The provisions of this Code and the repeal of all other ordinances now in force and effect shall not affect any act done, any right accrued, any penalty or liability incurred, or any pending suit, prosecution or proceeding. Such repeal, in so far as it includes any ordinance creating or establishing an office or position of employment, shall not be construed, unless otherwise indicated by the context, in and of itself, as abolishing such office or position, nor shall the repeal of any ordinance have the effect of reviving any ordinance heretofore repealed or superseded. Any person holding any office or position of employment at the time when this Code takes effect shall, unless otherwise expressly provided, continue to hold the same for the time for which he was appointed or elected, or until removed or suspended or another person shall have been appointed or elected in his stead. Mere change of designation of an office or employment, without substantial change of duties or powers connected therewith, shall not be considered as changing, by way of increase or decrease, the rights or powers of the holder of such office or employment.
The catchlines of the several sections of this Code printed in blackface 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 catchlines, are amended or re-enacted.
[R. O. 1947, ch. 43, § 5; Ord. No. 1139, § II, 9-29-2015]
In computing time, the day of the act or event after which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday or legal holiday, in which event the period shall be extended to the next day which is not a Saturday, Sunday or legal holiday. When the period of time designated is fewer than seven days, intermediate Saturdays, Sundays and legal holidays shall not be included; when the period of time is seven days or more, then Saturdays, Sundays and legal holidays shall be included.
CITY
The word “city” shall mean the City of Pittsfield, in the County of Berkshire and the Commonwealth of Massachusetts.
CITY COUNCIL
The words “city council” or “council” shall mean the entire authorized membership of the city council, notwithstanding a vacancy which might exist.
COMMONWEALTH
The word “commonwealth” shall mean the Commonwealth of Massachusetts.
GENERAL LAWS, G.L.
The words “General Laws” or “G.L.” shall mean and refer to the General Laws of Massachusetts, Tercentenary Edition, and as amended.
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.
MONTH
The word “month” shall mean a calendar month.
NUMBER, GENDER
Words importing the singular number only shall extend to and be applied to the plural number, and words importing the masculine gender only shall extend and apply to the feminine and the neuter, if applicable.
OWNER, OCCUPANT
The words “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.
PRECEDING, FOLLOWING
The words “preceding” and “following” shall mean next before and next after, respectively.
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.
TIME
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 or IN WRITING
Shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
[R. O. 1947, ch. 43, § 7]
When any ordinance repealing a former ordinance, chapter, clause or provision shall be repealed, such repeal shall not revive such former ordinance, chapter, clause or provision, unless it expressly so provides.
It is hereby declared to be the intention of the council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.
[R. O. 1947, Ch. 43, § 4; Ord. No. 621, § 1; Ord. No. 271, § 1, 11-12-1976]
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 not less than $2 nor more than $300.
[R. O. 1947, Ch. 43, § 5]
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.
[R. O. 1947, Ch. 43, § 9]
All fines, forfeitures and penalties shall, when recovered, inure to the use of the city and shall be paid into the city treasury, unless otherwise directed.
[R. O. 1947, Ch. 1, § 1]
The following shall be the device of the corporate seal of the City of Pittsfield:
Seal_new.tif
Within a circle bearing at the top, PITTSFIELD, at the bottom, MASSACHUSETTS, at the left, TOWN 1761, and at the right, CITY, 1891, another circle, concentric with the first, containing a design of a part of the coat of arms of William Pitt, to wit, a shield, marked to denote sable, displaying a fess chequy, indicating argent and azure, between three bezants (two honor and one nombril), a coronet, embattled, above the shield, and a scroll below the shield, inscribed with the motto, “Benigno Numine”, all surrounded by a circular border.
Such device shall be arranged according to the illustration shown in this section, but color shall not be an essential part of such seal.
[Ord. No. 50, §§ 1, 2]
Except as hereinafter provided, all deeds and other legal instruments made, given or entered into by the city requiring a seal shall be sealed with the city seal, and shall be signed and, if need be, acknowledged in behalf of the city by the mayor. This section shall not apply to any instruments for the transfer of property under the provisions of General Laws, chapter 60, section 77B.
If and insofar as any deeds heretofore executed and delivered by the city treasurer on behalf of the city under the General Laws, chapter 60, section 77B, are or may be insufficient because or by reason of the absence therefrom of the signature or acknowledgment of the mayor, such deeds hereby are ratified, confirmed and adopted to the extent necessary or permitted by law, as the lawful deeds of the city notwithstanding the absence therefrom of the signature or acknowledgment of the mayor.
[R. O. 1947, ch. 2, § 1; Ord. No. 1139, § III, 9-29-2015]
The form of warrants or notices for calling elections by the voters in the several wards shall be substantially as follows:
CITY OF PITTSFIELD
(Seal)
In accordance with the provisions of law, notice is hereby given that elections by the voters of the City of Pittsfield will be held on _____ the _____ day of A. D., 20 _____, in the following places, to wit:—
The polls shall be opened at _____ o’clock _____M., and shall be closed at _____ o’clock _____M.
The voters in all the wards shall, in their respective precincts, between said hours, give in their votes for the following officers:—
And in each ward or in the several wards as follows:—
They will also give in their votes for or against the following questions, to wit:—
(Any proposed amendment to the constitution or other question submitted to the people to be stated in the form in which it will appear on the ballot.)
By order of the city council, approved by the mayor on _____ this _____ day of __________ A. D., 20_____.
City Clerk.
[R. O. 1947, ch. 2, § 2; Ord. No. 1139, § IV, 9-29-2015]
The form of warrants or notices for calling general meetings of the citizens qualified to vote shall be substantially as follows:
CITY OF PITTSFIELD
(Seal)
To the citizens of Pittsfield, qualified to vote:—
In the name of The Commonwealth of Massachusetts, you are hereby notified and warned to meet in _____ on _____ the _____ day of _________ A. D., 20_____, at _____ o’clock _____M., then and there to __________
By order of the city council, approved by the mayor on _____, this _____ day of __________ A. D., 20_____.
City Clerk.
[R. O. 1947, ch. 2, § 3]
The city clerk, under the direction of the mayor and city council, shall cause a certified copy of such warrants or notices for calling an election by the voters of a ward, or a general meeting of the citizens qualified to vote, to be printed in one or more newspapers published in the city at least seven days before the time of such election or meeting.
[R. O. 1947, Ch. 43, §§ 5, 6; Ord. No. 592, § 1]
When no other provision is made by the provisions of this Code, other city ordinances or any law of the commonwealth, the city council, subject to the provisions of section 4A of Chapter 280 of the Acts of 1932, as amended by Chapter 611 of the Acts of 1958, may grant licenses upon such terms and under such restrictions as it may prescribe and may revoke the same at pleasure.
Whenever anything is prohibited from being done without the permission of some officer, board or department, such officer, board or department shall have power to permit or license such thing to be done.
[R. O. 1947, Ch. 43, § 10; Ord. No. 273, § 1, 2-11-1977]
So far as allowed by law, every official, commission, board, department or committee, acting under the authority of or for the city, shall stipulate in every contract entered into with a contractor for work to be done, of whatever kind, that only residents of the city shall be employed as laborers and mechanics, so long as such residents are obtainable for such work, and that such laborers and mechanics shall receive wages not less than the current scale of wages at that time paid by the city for laborers and mechanics employed by any official, commission, board, department or committee acting under his or its authority and in his or its behalf. So far as allowed by law, every official, commission, board, department or committee, acting under authority of or for the city, shall stipulate in every contract entered into with a contractor for work to be done, of whatever kind, and in all work undertaken directly by any such official, commission, board, department or committee, that trucks and automobiles of residents of the city only shall be used, whenever the same are needed and are obtainable for such work.
[R. O. Ch. 43, § 8; Ord. No. 1139, § V, 9-29-2015]
In accordance with Article 2, Section 2-9(a) of Chapter 72 of the Acts of 2013, every adopted measure shall become effective at the expiration of 10 days after adoption or upon the signature of the mayor, whichever occurs first.
[Ord. No. 470, § 1, 11-18-1983]
No real estate owned by the City of Pittsfield shall be sold unless proposals for the sale of said real estate have been invited by the city clerk, or other officer in charge of the undertaking, by advertisement in a newspaper published in the city once a week for at least two consecutive weeks, the last publication to be at least one week before the time specified for the opening of said proposals.