[HISTORY: Adopted by the Municipal Council of the City of Taunton as indicated in article histories. Amendments noted where applicable.]
[Adopted as Rev. Ords. 1964, §§ 1-1, 1-3, 1-4, 1-5 and 1-6 (§§ 1-1 to 1-5.1 of the 2010 Code)]
The ordinances embraced in the following chapters and sections shall constitute and be designated "Revised Ordinances of the City of Taunton" and may be so cited.
In the construction of the Revised Ordinances, and of all other ordinances of the City, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Council:
City. The word "City" shall be construed as if the words "of Taunton" followed it.
Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.
Council. Whenever the word "Council" is used, it shall be construed to mean the Municipal Council.
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
Month. The word "month" shall mean a calendar month.
Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.
Oath. The word "oath" shall be construed to include an affirmation in all cases in which by law an affirmation may be substituted for an oath, and in such case the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
Or; and. "Or" may be read "and," and "and" may be read "or" if the sense requires it.
Owner. The word "owner" applied to a building or land shall include any part owner, joint owner, common tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.
Person. The word "person" shall extend and be applied to associations, firms, partnerships and bodies politic and corporate as well as to individuals.
Preceding; following. The words "preceding" and "following" mean next before and the next after, respectively.
Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the City.
Tenant. The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease of or who occupies the whole or part of such building or land, either alone or with others.
Time. Words used in the past or present tense include the future as well as the past and present.
Written; in writing. "Written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
If any part or parts, section or subsection, sentence, clause or phrase of the Revised Ordinances is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of the Revised Ordinances.
The catchlines of the several sections of the Revised Ordinances 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 catchlines, are amended or reenacted.
[Amended 5-23-2000; 6-6-2016]
Any person violating any chapter or section of the Revised Ordinances in which no specific penalty is provided shall be punished by a fine of $300.
[Added 5-23-2000; amended 6-6-2016]
Whoever violates any chapter, section or provision of the Revised Ordinances of the City of Taunton may be penalized by means of noncriminal disposition as provided in MGL c. 40, § 21D. The noncriminal method of disposition 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. In addition to police officers, who shall in all cases be considered enforcement persons for the purpose of this provision, the municipal personnel responsible for administering each section of the ordinances, if any, shall also be enforcement persons for such sections. Penalties shall be $50 for the first offense, $100 for the second offense and $300 for the each offense thereafter, unless a different penalty is set forth in the ordinance being enforced. Each day that a violation exists shall be deemed to be a separate offense.
The ordinances of the City of Taunton of a general and permanent nature adopted by the Municipal Council of the City of Taunton, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 440, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of Taunton," hereinafter referred to as the "Code."
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.
The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinances.
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 Taunton" 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 Taunton shall cause this ordinance to be published in the manner required by law. 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 the Clerk or an authorized agent of the Clerk upon the payment of a fee to be set by the Municipal Council. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
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 Taunton 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.
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 inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the City of Taunton which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect. Section 2-56, Automation office manager, of the 2010 Revised Ordinances is specifically repealed.
The adoption of this Code and the repeal of ordinances provided for in § 1-18 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to August 16, 2016.
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.
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.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
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.
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.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
The levy or imposition of taxes, assessments or charges.
The annexation or dedication of property or approval of preliminary or final subdivision plats.
Ordinances providing for local improvements or assessing taxes or special assessments therefor.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
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.
Any ordinance or portion of an ordinance establishing traffic or parking regulations.
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the City.
Any ordinance or portion of an ordinance accepting or adopting the provisions of any general law or special act of the commonwealth.
In compiling and preparing the ordinances for publication as the Code of the City of Taunton, 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 Municipal 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.
Nomenclature. The following titles are updated throughout the Code:
"City Council" to "Municipal Council."
"Chairman" and "Chair" to "Chairperson."
"Treasurer," "Collector," "Tax Collector" and "Collector of Taxes" to "Treasurer/Collector."
"License Commission" and "licensing board" to "Board of License Commissioners."
"Committee on Accounts and Claims" to "Committee on Finance and Salaries."
"Cemetery Commission" to "Board of Cemetery Commissioners."
"Superintendent of Streets" to "Supervisor of Streets."
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.)
Editor's Note: In accordance with § 1-20C, the chapters, parts and sections that 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) 6-6-2017]. Schedule A, which contains a complete description of all changes, is on file in the City offices.
This ordinance shall take effect upon passage and publication as required by law.