The bylaws embraced in this and the following chapters and sections
shall be designated the "Revised General Bylaws, 1988, of the Town
of Swansea, Massachusetts."
In the construction of this Revision of all bylaws and resolutions
passed by the Town, the following rules shall be observed and the
following definitions shall apply, unless such construction would
be inconsistent with the manifest intent of the Town.
BOARD OF SELECTMEN
The words "board of selectmen" or "selectmen" shall mean
the Board of Selectmen of the Town of Swansea, Massachusetts.
COMMONWEALTH
The word "Commonwealth" shall mean the Commonwealth of Massachusetts.
COMPUTATION OF TIME
In computing any period of time mentioned in the provisions
of this Revision, the day of the act, event or default after which
the designated period of time begins to run is not to be included,
and the last day of the period so computed is to be included, unless
it is a Saturday, Sunday or a legal holiday, in which event the period
runs until the end of the next day which is not a Saturday, Sunday
or a holiday. When the period of time prescribed is less than seven
days, intermediate Saturdays, Sundays and legal holidays shall not
be included in the computation.
COUNTY
The word "county" shall mean the County of Bristol, Massachusetts.
GENDER
A word importing the masculine gender only shall extend to
and be applied to females and to firms, partnerships, associations
and corporations, as well as to males.
JOINT AUTHORITY
Words purporting to give authority to three or more officers
or other persons shall be construed as giving such authority to a
majority of such officers or other persons, unless it is otherwise
declared.
MGL
The abbreviation "MGL" means the latest edition or supplement
of the Massachusetts General Laws Annotated.
NUMBER
Any word importing the singular number shall include the
plural and any word importing the plural number shall include the
singular.
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 cases the words "swear" and "sworn" shall be
equivalent to the words "affirm" and "affirmed."
OWNER
The word "owner," applied to a building or land, shall include
any part owner, joint owner, tenant in 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,
corporations, firms, partnerships and bodies politic and corporate
as well as to individuals. Where criminal prosecution may lie, the
officers of any corporation shall jointly and severally be subject
to prosecution as being included within the term "person."
PRECEDING; FOLLOWING
The words "preceding" and "following" mean next before and
next after, respectively.
ROADWAY
The word "roadway" shall mean that portion of a street improved,
designed or ordinarily used for vehicular traffic.
SIDEWALK
The word "sidewalk" shall mean any portion of the street
between the curb, or the lateral line of the roadway and the adjacent
property line, intended for the use of pedestrians.
STATE
The word "state" shall be construed to mean the Commonwealth
of Massachusetts.
STREET
The word "street" shall include any highway, alley, avenue
or bridge, viaduct, underpass, overpass, tunnel and causeway in the
Town, dedicated or devoted to public use.
TENSE
Words used in the past or present tense include the future
as well as the past and present.
TOWN
The word "Town" shall mean the Town of Swansea, in the County
of Bristol and the Commonwealth of Massachusetts.
WRITTEN or IN WRITING
The words "written" or "in writing" shall be construed to
include any representation of words, letters or figures, whether by
printing or otherwise.
YEAR
The word "year" shall mean a calendar year.
The catchlines of the several sections of this Revision 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.
All references to chapters or sections are to the chapters and
sections of this Revision unless otherwise specified.
The references and editor's notes appearing throughout
the Revision are not intended to have any legal effect, but are merely
intended to assist the user of the Revision.
The history notes appearing in parentheses after sections in
this Revision are not intended to have any legal effect but are merely
intended to indicate the source of matter contained in the section.
Nothing in this Revision or the bylaw adopting this Revision
shall be construed to repeal or otherwise affect the validity of any
of the following when not inconsistent with this Revision:
A. Any
offense or act committed or done or any penalty or forfeiture incurred
or any contract or right established or accruing before the effective
date of such Revision;
B. Any
bylaw promising or guaranteeing the payment of money for the Town,
or authorizing the issuance of any bonds of the Town or any evidence
of the Town's indebtedness;
C. Any
contract or obligation assumed by the Town;
D. Any
right or franchise granted by the Town;
E. Any
bylaw dedicating, naming, establishing, locating, opening, paving,
widening, vacating, etc., any street or public way in the Town;
F. Any
bylaw relating to municipal street maintenance agreements with the
state;
G. Any
bylaw establishing or prescribing grades for streets in the Town;
H. Any
appropriation bylaw providing for the levy of taxes or for adopting
an annual budget;
I. Any
bylaw relating to local improvements and assessments therefor;
J. Any
bylaw dedicating or accepting any plat or subdivision in the Town;
K. Any
bylaw establishing or amending zoning or land use regulations or the
zoning map, or rezoning property;
L. Any
bylaw prescribing the number, classification, benefits or compensation
of any Town officers or employees, not inconsistent herewith;
and all such bylaws are hereby recognized as continuing in full
force and effect to the same extent as if set out at length in this
Revision. Such bylaws are on file in the Town clerk's office.
Any and all additions and amendments to this Revision, when
passed in such form as to indicate the intention of the Town to make
the same a part hereof, shall be deemed to be incorporated herein,
so that reference to the Revision shall be understood and intended
to include such additions and amendments.
It is hereby declared to be the intention of the Town that the
sections, paragraphs, sentences, clauses and phrases of this Revision
are severable and, if any phrase, clause, sentence, paragraph or section
of this Revision shall be declared invalid or unconstitutional by
the valid judgment or decree of any court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of
this Revision, since the same would have been enacted by the Town
without the incorporation in this Revision of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.