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.
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are hereby repealed at the moment of the taking effect of this Code,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repealed or superseded.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.
The word “city” shall mean the City of Pittsfield,
in the County of Berkshire and the Commonwealth of Massachusetts.
The words “city council” or “council”
shall mean the entire authorized membership of the city council, notwithstanding
a vacancy which might exist.
The word “commonwealth” shall mean the Commonwealth
of Massachusetts.
The words “General Laws” or “G.L.”
shall mean and refer to the General Laws of Massachusetts, Tercentenary
Edition, and as amended.
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.
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.
The word “month” shall mean a calendar month.
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.
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.
The words “person” and “whoever”
shall be construed as including corporations, firms, societies, associations
and partnerships as well as individuals.
The words “preceding” and “following”
shall mean next before and next after, respectively.
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.
Words used in the past or present tense include the future
as well as the past and present.
The word “week” shall mean a period of seven
days, beginning with Sunday and ending with the Saturday next following.
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:
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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.
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Such device shall be arranged according to the illustration
shown in this section, but color shall not be an essential part of
such seal.
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[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:
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CITY OF PITTSFIELD
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(Seal)
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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:—
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The polls shall be opened at _____ o’clock _____M., and
shall be closed at _____ o’clock _____M.
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The voters in all the wards shall, in their respective precincts,
between said hours, give in their votes for the following officers:—
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And in each ward or in the several wards as follows:—
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They will also give in their votes for or against the following
questions, to wit:—
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(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.)
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By order of the city council, approved by the mayor on _____
this _____ day of __________ A. D., 20_____.
City Clerk.
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[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:
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By order of the city council, approved by the mayor on _____,
this _____ day of __________ A. D., 20_____.
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CITY OF PITTSFIELD
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(Seal)
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To the citizens of Pittsfield, qualified to vote:—
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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
__________
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City Clerk.
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[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.
[Ord. No. 1264, 5-9-2023Ord. No. 1264]
Regular meetings of the Council shall be held in the City Council
Chambers, unless changed by vote of the City Council, at the designated
time on the second Tuesday of each month, and on the fourth Tuesday
of each month except July, August and December; provided, however,
if the date of a regular meeting shall fall on a holiday, or a day
observed as a holiday, such regular meeting shall be held on the following
day.
In the event of an unexpected occurrence or an emergency that
prevents a City Council meeting from being held as scheduled, the
City Council President shall reschedule and/or relocate the meeting
as soon as possible.
Notwithstanding the above, when a City Council meeting would
fall on the date scheduled for a primary or general election, the
meeting shall be scheduled for the following Tuesday.
