In
the construction of this Code, and of all ordinances, the following
rules shall be observed and the following definitions shall apply:
CHARTER
The Charter and any amendment to it hereafter adopted.
CITY AGENCY
Any multiple-member body, any department, division, or office
of the City of Beverly, Massachusetts.
CITY BULLETIN BOARD
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.
CITY OFFICER
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]
CITY OFFICERS AND DEPARTMENTS
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."
CODE
The Code of Ordinances, City of Beverly, Massachusetts as designated in Article
III of this chapter.
COMPUTATION OF TIME
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.
COUNCIL
The City Council of the City of Beverly, Massachusetts, the
body vested with the legislative powers of the City of Beverly, Massachusetts.
COUNTY
The County of Essex, the county in which the City of Beverly
is located.
DAYS
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.
EMERGENCY
A sudden, unexpected, unforeseen happening, occurrence or
condition which necessitates immediate action or response.
GENDER
Words importing the feminine gender shall include the masculine
gender; words importing the masculine gender shall include the feminine
gender.
GENERAL LAWS
(1)
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.
(2)
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.
HERETOFORE; HEREAFTER
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.
HIGHWAY
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.
JOINT AUTHORITY
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.
LOCAL NEWSPAPER
A newspaper of general circulation within the City of Beverly,
with either a weekly or daily circulation.
MAJORITY VOTE
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.
MAY
Is to be construed as being permissive.
MAY NOT
The phrase "may not" or phrases of like import have a mandatory
negative effect and state a prohibition.
MAYOR
The Mayor of the City of Beverly, the officer vested with
the executive powers of the City of Beverly, Massachusetts.
MEASURE
Any ordinance, order, resolution, or other vote or proceeding
adopted, or which might be adopted, by the City Council or the School
Committee.
MULTIPLE-MEMBER BODY
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.
MUST
Shall be construed as being mandatory.
NUMBER
Words used in the singular include the plural and the plural
include the singular.
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 cases the words "swear" and "sworn" shall be equivalent to
the words "affirm" and "affirmed."
ORDINANCE
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.
OWNER
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.
PERSON
Shall extend and be applied to associations, corporations,
firms, partnerships and bodies politic and corporate as well as to
natural persons.
PERSONAL PROPERTY
Includes all tangible and intangible property other than
real property.
PROPERTY
Includes real and personal property.
REASONABLE TIME OR NOTICE
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.
ROADWAY
That portion of a street improved, designed or ordinarily
used for vehicular traffic.
SHALL
Is to be construed as being mandatory.
SIDEWALK
That portion of a street between the curbline and the adjacent
property intended for the use of pedestrians.
STATE
The Commonwealth of Massachusetts.
STREET
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.
TENANT; OCCUPANT
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.
TENSES
The use of any verb in the present tense shall include the
future when applicable.
VOTERS
Registered voters of the City of Beverly.
WEEK
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.
WRITTEN or IN WRITING
Shall be construed to include any representation of words,
letters or figures, whether by printing or otherwise.