[Adopted 2-16-2016 by Ord. No. 013]
The ordinances of the City of Beverly of a general and permanent nature adopted by the City Council, as previously consolidated in the prior Code of Ordinances of the City of Beverly, and the ordinances of a general and permanent nature adopted by the City Council subsequent to that date, all as revised, codified and consolidated into chapters and sections by General Code, LLC, and consisting of Chapters 1 through 300, are hereby approved, adopted, ordained and enacted as the Code of the City of Beverly, hereinafter known and 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.
This ordinance shall take effect immediately upon passage and
publication according to law.
A copy of the Code in loose-leaf form 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 Clerk of the City of Beverly by impressing thereon the Seal
of the City as provided by law, and such certified copy shall remain
on file in the office of the Clerk of the City to be made available
to persons desiring to examine the same during all times while said
Code is in effect.
The Clerk of the City of Beverly, pursuant to law, shall cause
to be published, in the manner required, a copy of this adopting ordinance
in a newspaper of general circulation in the City. 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 adopting ordinance, coupled with the availability
of copies 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.
Any and all additions, amendments or supplements to the Code,
when passed and adopted in such form as to indicate the intent of
the City 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 Beverly shall be understood and intended to include such additions
and amendments. Whenever such additions, amendments or supplements
to the Code shall be adopted, they shall thereafter be printed and,
as provided hereunder, inserted in the loose-leaf book containing
the Code as amendments and supplements thereto.
It shall be the duty of the Clerk, or someone authorized and
directed by the Clerk, to keep up-to-date the certified copy of the
book containing the Code required to be filed in the Clerk's
office for the use of 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 published as supplements to said Code, at which
time such supplements shall be inserted therein.
Copies of the book containing the Code may be purchased from
the Clerk upon the payment of a fee to be set by the City Council,
which may also arrange for procedures for the periodic supplementation
thereof.
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 Beverly to be misrepresented thereby.
Anyone violating this section shall, upon conviction, be subject to
a fine of not more than $300.
A.
Severability of Code provisions. 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.
B.
Severability of ordinance provisions. 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.
A.
All ordinances or parts of ordinances of a general and permanent
nature, adopted and in force on the date of the adoption of this ordinance
and not contained in the Code, and in conflict and/or inconsistent
with the provisions contained in the Code, are hereby repealed as
of the effective date of this adopting ordinance, except as hereinafter
provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-19 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinance adopted subsequent to December 21, 2015.
B.
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.
C.
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.
D.
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.
E.
Any franchise, license, right, easement or privilege heretofore granted
or conferred.
F.
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.
G.
Any ordinance or resolution 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.
H.
Ordinances authorizing the purchase, sale, lease or transfer of property,
or any lawful contract or obligation.
I.
The levy or imposition of taxes, assessments or charges.
J.
The dedication of property or approval of preliminary or final subdivision
plats.
K.
Any ordinance providing for salaries or compensation.
A.
In compiling and preparing the ordinances for adoption and revision
as part of the Code, certain grammatical changes and other minor changes
were made in one or more of said ordinances. It is the intention of
the City Council that all said changes be adopted as part of the Code
as if the ordinances so changed had been previously formally amended
to read as such.
B.
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.)[1]
[1]
Editor's Note: In accordance with § 1-21B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article III. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 2-16-2016 by Ord. No. 013." Schedule A, which contains a complete description of all changes, is on file in the City offices.
C.
The following nomenclature changes have been made throughout the
Code:
(1)
"Bell Atlantic" is changed to "Verizon and Comcast."
(2)
"Board of Aldermen" is changed to "City Council."
(3)
"Boston Gas Company" is changed to "National Grid Gas."
(4)
"City Electrician" is changed to "Inspector of Wires."
(5)
"Collector-Treasurer" is changed to "Treasurer-Collector."
(6)
"Committee on Public Services and Aid" is changed to "Committee on
Public Services."
(7)
"Director of Public Services" is changed to "Director of Engineering,
Commissioner of Public Services, Public Works."
(8)
"Director of Public Works" is changed to "Director of Engineering,
Commissioner of Public Services, Public Works."
(9)
"Historical Commission" is changed to "Historic Districts Commission."
(10)
"Industrial Development Financing Authority" is changed to "Industrial
Development Finance Authority."
(11)
"Massachusetts Electric Company" is changed to "National Grid Electric."
(12)
"Recreation Commission" is changed to "Parks and Recreation Commission."
