[Adopted as Art. I, §§ 1.02, 1.04, 1.07 and
1.09, of the Code of Ordinances]
A.
Generally.
The provisions of this Code shall be liberally construed to effect
the purposes expressed therein or implied from the expression thereof.
Words and phrases shall be construed and understood according to their
common and usual meaning unless the contrary is clearly indicated.
Technical words and phrases and such others as may have acquired a
peculiar and appropriate meaning in the law shall be construed and
understood according to such peculiar and appropriate meaning.
B.
CHARTER
CITY AGENCY
CITY BULLETIN BOARD
CITY OFFICER
CITY OFFICERS AND DEPARTMENTS
CITY or THIS CITY
CODE
COMMONWEALTH
COMPUTATION OF TIME
COUNCIL
COUNTY
DAYS
EMERGENCY
FULL COUNCIL; FULL MULTIPLE-MEMBER BODY
GENDER
GENERAL LAWS
(1)
(2)
HERETOFORE; HEREAFTER
HIGHWAY
JOINT AUTHORITY
LOCAL NEWSPAPER
MAJORITY VOTE
MAY
MAY NOT
MAYOR
MEASURE
MONTH
MULTIPLE-MEMBER BODY
MUST
NUMBER
OATH
ORDINANCE
OWNER
PERSON
PERSONAL PROPERTY
PRECEDING; FOLLOWING
PROPERTY
REAL PROPERTY
REASONABLE TIME OR NOTICE
ROADWAY
SHALL
SIDEWALK
STATE
STREET
TENANT; OCCUPANT
TENSES
VOTERS
WEEK
WRITTEN or IN WRITING
YEAR
In
the construction of this Code, and of all ordinances, the following
rules shall be observed and the following definitions shall apply:
The Charter and any amendment to it hereafter adopted.
Any multiple-member body, any department, division, or office
of the City of Beverly, Massachusetts.
The bulletin board in the City Hall on which the City Clerk
posts official notices of meetings and upon which other official City
notices are posted, and the bulletin boards at any other locations
as may be designated City bulletin boards by the City Council.
When used without further qualification or description, a
person having charge of an office or department of the City who, in
the exercise of the powers or duties of such position, exercises some
portion of the sovereign power of the City. The term shall include
the City Accountant, the City Assessor, the City Clerk, the City Collector,
the City Solicitor, the City Treasurer, the Director of Emergency
Management, the Director of Public Health, the Director of Municipal
Finance, the Director of Municipal Inspections, the Director of Human
Resources, the Director of Purchasing, the Director of Planning and
Development, the Commissioner of Public Services, Public Works, the
Fire Chief, the Police Chief, and the Director of Parks, Recreation
and Community Services.
[Amended 3-17-2014 by Ord. No. 89; 2-16-2016 by Ord. No. 013]
Whenever reference is made to an officer of a department,
the same shall be construed as if followed by the words "of the City
of Beverly, Massachusetts."
The City of Beverly, Massachusetts.
The Code of Ordinances, City of Beverly, Massachusetts as designated in Article III of this chapter.
The Commonwealth of Massachusetts.
In computing time under the Charter, if seven days or less,
"days" shall refer to secular days, not including Saturdays, Sundays
or legal holidays. If more than seven days, every day shall be counted.
The time within which an act is to be done as provided in any ordinance
or in any order issued pursuant to any ordinance, when expressed in
days, shall be computed by excluding the first day and including the
last, except that if the last day is Sunday it shall be excluded;
and when any such time is expressed in hours the whole of Sunday,
from 12:00 midnight to 12:00 midnight, shall be excluded.
The City Council of the City of Beverly, Massachusetts, the
body vested with the legislative powers of the City of Beverly, Massachusetts.
The County of Essex, the county in which the City of Beverly
is located.
Business days, not including Saturdays, Sundays and legal
holidays when the time set is less than seven days; when the time
set is seven days or more, every day shall be counted.
A sudden, unexpected, unforeseen happening, occurrence or
condition which necessitates immediate action or response.
The entire authorized complement of the City Council, School
Committee or other multiple-member body, notwithstanding any vacancy
which might exist.
Words importing the feminine gender shall include the masculine
gender; words importing the masculine gender shall include the feminine
gender.
general laws. The words "general laws" (all lowercase letters)
shall mean laws enacted by the State Legislature which apply alike
to all cities and towns, to all cities, or to a class of two or more
cities and/or cities and towns of which the City of Beverly is a member.
General Laws. The words "General Laws" (initial letter of each
word in uppercase letters) shall mean the General Laws of the Commonwealth
of Massachusetts, a codification and revision of statutes enacted
on December 22, 1920, and including all amendments thereto subsequently
adopted.
Whenever the word "heretofore" occurs in any ordinance, it
shall be construed to mean any time previous to the day when such
ordinance shall take effect; and whenever the word "hereafter" occurs,
it shall be construed to mean the time after the ordinance containing
such word shall take effect.
Includes any street, alley, highway, avenue or public place
or square, bridge, viaduct, tunnel, underpass, overpass and causeway
in the City dedicated to public use.
All words purporting to give joint authority to three or
more City officers or other persons shall be construed as giving such
authority to a majority of such officers or other persons unless it
shall be otherwise expressly declared in the law giving the authority.
A newspaper of general circulation within the City of Beverly,
with either a weekly or daily circulation.
When used in connection with a meeting of a multiple-member
body, a majority of those present and voting, unless another provision
is made by ordinance, by law, or by its own rules.
Is to be construed as being permissive.
The phrase "may not" or phrases of like import have a mandatory
negative effect and state a prohibition.
The Mayor of the City of Beverly, the officer vested with
the executive powers of the City of Beverly, Massachusetts.
Any ordinance, order, resolution, or other vote or proceeding
adopted, or which might be adopted, by the City Council or the School
Committee.
A calendar month.
Any board, commission, committee, subcommittee or other body
consisting of two or more persons, whether elected, appointed or otherwise
constituted, but not including the City Council or the School Committee.
Shall be construed as being mandatory.
Words used in the singular include the plural and the plural
include the singular.
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 cases the words "swear" and "sworn" shall be equivalent to
the words "affirm" and "affirmed."
A vote or order of the City Council entitled "ordinance"
and designed for the permanent regulation of any matter within the
jurisdiction of the City Council as laid down in this chapter.
As applied to any property, shall include any part owner,
joint owner, tenant in common, joint tenant or tenant by the entirety,
of the whole or a part of such property.
Shall extend and be applied to associations, corporations,
firms, partnerships and bodies politic and corporate as well as to
natural persons.
Includes all tangible and intangible property other than
real property.
Next before and next after, respectively.
Includes real and personal property.
Includes lands, tenements and hereditaments.
In all cases where any ordinance shall require any act to
be done in a reasonable time or reasonable notice to be given, such
reasonable time or notice shall be deemed to mean such time only as
may be necessary for the prompt performance of such duty or compliance
with such notice.
That portion of a street improved, designed or ordinarily
used for vehicular traffic.
Is to be construed as being mandatory.
That portion of a street between the curbline and the adjacent
property intended for the use of pedestrians.
The Commonwealth of Massachusetts.
Includes any highway, alley, street, avenue or public place
or square, bridge, viaduct, underpass, overpass, tunnel and causeway
in the City dedicated to public use.
As applied to a building or land, shall include any person
who occupies, pursuant to an oral or written lease, the whole or a
part of such building or land, whether alone or with others.
The use of any verb in the present tense shall include the
future when applicable.
Registered voters of the City of Beverly.
Shall be construed to mean seven days; but publication in
a newspaper of any notice or other matter indicated to be for a stated
number of weeks shall be construed to mean one insertion in each week,
unless specifically stated to be for each day of the week or for more
than one day in each week; and all publications heretofore made in
accordance with the terms of this subsection are hereby validated.
Shall be construed to include any representation of words,
letters or figures, whether by printing or otherwise.
A calendar year.
All ordinances passed by the City Council, except when otherwise
specifically provided, shall take effect and be in force on the 21st
day following the date the City Council has voted to approve the ordinance
unless the Mayor has exercised his power, pursuant to Charter Section
3-7, to disapprove of the ordinance, in which case the ordinance shall
take effect on the 21st day following the date the City Council has
voted, by a two-thirds vote of the full Council, to again approve
the ordinance notwithstanding the objections of the Mayor.
All City agencies are hereby authorized to adopt rules and regulations,
subject to the approval of the City Council.
A.
The
City Seal shall be circular in form, and the design hereto annexed
shall be the device thereof, as follows:
 |
B.
The
field is occupied by the full length ideal figure of the Puritan planter;
his left hand rests on the stump of the tree he has just felled, and
his right hand holds the King's arm which he has taken up; he stands
in an attitude of attention. The forest background is to the left
and sea with a ship is to the right of the figure.
C.
The
inscription encircling the figure is "Beverly, Founded 1626. Town
1668. City 1894." The legend, or motto, is placed in a scroll to the
left of the figure and reads, "Patri Similima Proles," signifying
the continuance of the ancestral virtues and public devotion in the
children, generation after generation.
