(Rev. Ords. 1976, Pt. 2, Ch. 1, § 1)
The ordinances contained in this and the following chapters shall constitute and be designated as “The Revised Ordinances of the City of Everett, Massachusetts, 2007, as amended,” and may be so cited. So far as their provisions are the same in effect as those of previously existing ordinances, they shall be construed as a continuation of such ordinances; but, subject to such limitations and the provisions of the following section, all ordinances of the city of a general and permanent nature in force on June 1, 2007, and not included in this Revision are repealed; but this repeal shall not apply to nor affect any order heretofore adopted accepting or adopting the provisions of any statute of the Commonwealth nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city’s indebtedness, or any contract or obligation assumed by the city; nor shall the repeal affect the administrative orders or resolutions of the city council not in conflict or inconsistent with the provisions of this Revision; nor shall it affect any ordinance or resolution fixing or establishing salaries of city officers or employees; nor shall it affect any right or franchise conferred by any ordinance or resolution of the city council to any person; nor shall such repeal affect the zoning ordinance or any ordinance making changes in the zoning map.
(Rev. Ords. 1976, Pt. 2, Ch. 1, § 2)
The Revised Ordinances of the City of Everett, 2007, as amended, and the repeal in section 1-1, or the repeal of any ordinance, shall not affect any act done, or any right accruing or accrued or established, or any suit or proceeding had or commenced in any civil case before the time when such repeal shall take effect, nor any offense committed, nor any penalty or forfeiture incurred, nor any suit or prosecution pending at the time of such repeal for any offense committed, or for the recovery of any penalty or forfeiture incurred under any of the provisions so repealed; and all persons who, at the time when the repeal shall take effect, shall hold any office under any of the ordinances so repealed, shall continue to hold the same according to the tenure thereof, except those offices which may have been abolished, and those as to which a different provision shall have been made by the following ordinances; and no ordinances or part of any ordinance, which has been heretofore repealed, shall be revived by the repeal in the preceding section of any of the ordinances or parts of ordinances therein mentioned, and when any ordinance, repealing a former ordinance, clause or provision shall itself be repealed, such repeal shall not be construed to revive such former ordinance, clause, or provision, unless it shall be so expressly provided therein.
(Rev. Ords. 1976, Pt. 2, Ch. 1, § 3)
The following rules of construction shall be observed for this revision and every other ordinance, unless inconsistent with the manifest intention of the city council or the context of the ordinance or this Revision:
(a) 
Charter.
The word “Charter” shall mean the Charter of the City of Everett, Massachusetts, as printed in Part I of this volume.
(b) 
City.
The word “city” shall mean the City of Everett, Massachusetts.
(c) 
Commonwealth.
The word “Commonwealth” shall mean the Commonwealth of Massachusetts.
(d) 
Gender.
Words importing the masculine gender may include females and boards.
(e) 
Joint authority.
Words purporting to give a joint authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or persons.
(f) 
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.
(g) 
Officer.
The word “officer” shall include officers and boards in charge of departments and the members of such boards.
(h) 
Owner.
The word “owner” with reference to a building or land shall include any part owner, joint owner, tenant in common or joint tenant, of the whole or of a part of such building or land.
(i) 
Person.
The word “person” shall include firms and corporations.
(j) 
Preceding, following.
The words “preceding” and “following” mean next before and next after, respectively.
(k) 
Public grounds.
The words “public grounds” shall include Glendale Park, the public lands under the charge of the park department, and those parts of public squares and places, which do not form, traveled parts of highways.
(l) 
Revision.
The words “Revision,” “the Revision” or “this Revision” shall mean the “Revised Ordinances of the City of Everett, Massachusetts, 1991.”
(m) 
Sidewalk.
The word “sidewalk” shall mean a strip within the public way in front or on the side of a house or lot of land lying between the property line and the street.
(n) 
Signature.
If the written signature of a person is required, it shall always be his own handwriting or if he is unable to write, his mark.
(o) 
Statute references.
Whenever reference is made to the General Laws or M.G.L. this shall mean and refer to the Massachusetts General Laws as amended.
(p) 
Street.
The word “street” shall include all public ways, avenues, alleys, lanes, courts and sidewalks, and those parts of public squares and places which form traveled parts of highways.
(q) 
Tenant, occupant.
The words “tenant” or “occupant” with reference to a building or land shall include any person who occupies the whole or a part of such building or land, either alone or with others.
(r) 
Words of prohibition.
Words prohibiting anything from being done, except in accordance with a license or permit or authority from a board or officer, shall be construed as giving such board or officer power to license or permit or authorize such thing to be done.
(A0173-12; C0106-15)
An ordinance may only be proposed by a member of the city council.
(a) 
Form of ordinances.
A proposed ordinance may add, amend or repeal any number of sections, divisions, articles or chapters of this Revision as long as all of the proposed modifications embrace a single subject matter.
A proposed ordinance shall be submitted in writing and shall include all of the following:
(1) 
The name(s) of the city council member(s) who sponsored the proposed ordinance.
(2) 
A title briefly and clearly describing the contents of the proposed ordinance.
(3) 
A preamble of an explanatory nature stating the reasons and intent for the proposed ordinance or reciting the facts leading to the proposed ordinance.
(4) 
An enacting clause. The enacting clause for all proposed ordinances shall be: “Be it ordained by the City Council of the City of Everett, Massachusetts as follows:”
(5) 
Appropriate amendatory language for each modification of this Revision in accordance with the provisions of Section 1-12 of these Revised Ordinances.
(6) 
The corresponding provisions for each modification of this Revision.
(7) 
The effective date of the proposed ordinance if it shall take effect at any time other than at the expiration of thirty (30) days after its adoption.
(b) 
Passage of Ordinances.
A proposed ordinance shall be deemed to be introduced when it first appears on the agenda for a meeting of the city council and its title is read.
Full reading of the text of a proposed ordinance may be required on the demand of at least four (4) members of the city council.
At the meeting of the city council where a proposed ordinance has been introduced, the city council shall determine whether the proposed ordinance shall be enrolled, rejected or further considered at a subsequent meeting of the city council or at a meeting of any of its subcommittees.
With the exception of proposed ordinances introduced with an emergency preamble as described in Section 2-9 of the Charter, every other proposed ordinance shall be passed only after the favorable votes of the city council for enrollment and ordainment. These votes shall occur at separate meetings of the city council held not less than seven (7) calendar days apart. A favorable vote on a proposed ordinance shall require a majority vote of the full city council.
No proposed ordinance shall be so amended as to change its original intent.
With the exception of proposed ordinances introduced with an emergency preamble as described in Section 2-9 of the Charter, every other proposed ordinance shall be published in a local newspaper in accordance with the provisions of Section 1-4.5 of these Revised Ordinances.
A proposed ordinance may be amended during a meeting of the city council at which a vote for the ordainment of such ordinance is scheduled. However, every proposed ordinance shall be available in writing, in its final form, for city council members to review before a vote is held for its ordainment.
If a proposed ordinance has been amended during a meeting of the city council at which a vote for the ordainment of such ordinance is scheduled, on the demand of at least four (4) members of the city council, the vote for ordainment of such ordinance shall be laid over until the next regularly scheduled meeting of the city council and the proposed ordinance, as amended, shall be published in a local newspaper in accordance with the provisions of Section 1-4.5 of these Revised Ordinances.
The vote on ordainment of a proposed ordinance shall be taken by the call of the roll and the ayes and nays of such vote shall be entered in the record of the city council.
Upon ordainment, the City Clerk shall present the proposed ordinance to the mayor, entering upon the records of the City Clerk, the date and hour of such presentation.
Providing the proposed ordinance is approved by the mayor, or it otherwise becomes in force by law:
(1) 
The ordinance shall take effect in accordance with Section 2-9 of the Charter.
(2) 
The City Clerk shall cause the ordinance to be bound in a book for that purpose, with proper margins and index, and to be lettered “Record of Ordinances of the City of Everett”. Such book shall be preserved in the office of the City Clerk and subject to public inspection.
(3) 
The City Clerk, working in conjunction with the city solicitor, shall be authorized, in accordance with Section 1-11 of these Revised Ordinances, to make technical changes or corrections to codify the ordinance for inclusion in this Revision.
(A0173-12; A0278-13)
(a) 
In accordance with the provisions of the General Laws, Chapter 43, Section 23, a proposed ordinance shall be published in one (1) or more local newspapers at least ten days before a vote on such ordinance’s ordainment is scheduled.
(b) 
When the publication of a proposed ordinance would exceed more than ten (10) column inches of ordinary newspaper notice print in length, then, in lieu of publication in a local newspaper, the same may be published in booklet or pamphlet form and made available at the office of the City Clerk. However, when this alternative method of the publication is used, a general summary of the booklet or pamphlet, prepared by the city solicitor, with a notice stating the times and places at which copies of the booklet or pamphlet may be obtained by the public, shall be published in one (1) or more local newspapers at least ten days before a vote on its ordainment is scheduled.
(c) 
The mayor shall designate the local newspaper(s) used for the publication of each proposed ordinance and proposed ordinance summary.
(d) 
The City Clerk shall be responsible for the timely publication of each proposed ordinance and proposed ordinance summary.
A copy of these ordinances together with the zoning ordinances of the city shall be kept on file in the office of the City Clerk, preserved in loose-leaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or someone authorized by him, to insert in their designated places all amendments or ordinances which indicate the intention of the city council to make the same a part of the ordinances when the same have been printed or reprinted in page form, and to extract from these ordinances all provisions which may be from time to time repealed by the city council. The copy of these ordinances shall be available for all persons desiring to examine the same and shall be considered the official City Ordinances of Everett.
(Rev. Ords. 1976, Pt. 2, Ch. 1, § 5A; A0173-12)
(a) 
Every petition, permit, license or application for a permit or license which has been denied by the city council after due hearing shall not be heard again by the city council until the expiration of one (1) year from the date of such denial and except wherein the General Laws or special laws of the Commonwealth provide otherwise.
(b) 
Every petition, permit, license or application for permit or license in which the petitioner or applicant has been given leave to withdraw shall not be heard again by the city council until the expiration of three (3) months from the date of being given leave to withdraw and except wherein the General Laws or special laws of the Commonwealth provide otherwise.
(Rev. Ords. 1976, Pt. 2, Ch. 1, § 7)
(a) 
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 sections, 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 re-enacted.
(b) 
Similarly 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 users of the Revision.
(Rev. Ords. 1976, Pt. 2, Ch. 1, § 8; Ord. of 03-18-2004; amended C0107-17)
(a) 
Whoever violates a provision of this revision or any other ordinance or by-law of the City, whereby an act or thing is enjoined or prohibited, shall, unless other provisions are expressly made, be liable to a penalty not to exceed $300.00 per offense. The amount of the fine shall be in the discretion of the enforcing agent and shall generally be set as follows: for the first offense a $25.00 fine, second offense a $50.00 fine, third offense a $100.00 fine, and fourth and subsequent offenses a $300.00 fine. Violations of a particularly hazardous nature shall be permitted to be assessed at any amount not to exceed the maximum on the first offense and each subsequent offense, which will be determined by the enforcing agent. Hazardous or egregious violations will be defined as violations that put the public health at risk.
(b) 
If any violation continues, each day’s violations shall be deemed a separate violation.
(c) 
Such violation shall be noticed in the form of a ticket written by an enforcement agent under the authority of the Non-Criminal Disposition Ordinance under Article II of this chapter.
(Rev. Ords. 1976, Pt. 2, Ch. 1, § 9)
All fines and penalties for the violation of any ordinance or any order of the city council shall, when recovered, enure to the use of the city, and be paid into the city treasury, unless otherwise directed by the laws of the Commonwealth or the ordinances of the city.
It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of these Revised Ordinances are severable, and if any phrase, clause, sentence, paragraph or section of these Revised Ordinances shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of these Revised Ordinances, since the same would have been enacted by the city council without the incorporation in these ordinances of any unconstitutional phrase, clause, sentence, paragraph or section.
(a) 
By contract or by city personnel, supplements to this Revision shall be prepared and printed every six (6) months. A supplement to the Revision shall include all substantive permanent and general parts of ordinances passed by the city council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Revision, and shall also include all amendments to the Charter during the period. The pages of a supplement shall be so numbered that they will fit properly into the Revision and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Revision will be current through the date of the adoption of the latest ordinance included in the supplement.
(b) 
In preparing a supplement to this Revision, any portions of the Revision that have been repealed shall be excluded from the Revision by the omission thereof from reprinted pages.
(c) 
When preparing a supplement to this Revision, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified revision. For example, the codifier may:
(1) 
Organize the ordinance material into appropriate subdivisions;
(2) 
Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Revision printed in the supplement, and make changes in such catchlines, headings and titles;
(3) 
Assign appropriate numbers to sections and other subdivisions to be inserted in the Revision and, where necessary to accommodate new material, change existing section or other subdivision numbers;
(4) 
Change the words “this ordinance” or words of the same meaning to “this chapter,” “this article,” “this division,” etc., as the case may be, or to “sections ________ to ________” (inserting section numbers to indicate the sections of the Revision which embody the substantive sections of the ordinance incorporated into the Revision); and
(5) 
Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Revision; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Revision.
(A0173-12)
(a) 
All ordinances passed subsequent to the adoption of this Revision that may amend, repeal or in any way affect the same may be numbered in accordance with the numbering system of this Revision and printed for inclusion herein. In the case of repealed chapters, articles, divisions, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Revision by omission from reprinted pages affected thereby. The subsequent ordinances as numbered and printed, or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Revision and subsequent ordinances numbered or omitted are readopted as a new Revision by the city council.
(b) 
Amendments to any of the provisions of this Revision shall be made by amending such provisions by specific reference to the section number(s) of this Revision using the following language:
“That the Revised Ordinances of the City of Everett, Massachusetts, are hereby amended by modifying section number(s) ________, to read as follows:”.
The modifications to the section(s) to be amended shall then be set out in full as desired.
(c) 
If a new chapter, division, article or section not heretofore existing in the Revision is to be added, the following language, inserting the appropriate type of addition, shall be used:
“That the Revised Ordinances of the City of Everett, Massachusetts, are hereby amended by adding a(n) (chapter/article/division/section) to be numbered ________, which said (chapter/article/division/section) reads as follows:”
The new chapter, article, division or section, as the case may be, shall then be set out in full as desired.
(d) 
All subsections, sections, divisions, articles or chapters desired to be repealed should be specifically repealed by subsection, section, division, article or chapter number, as the case may be.
(Rev. Ords. 1976, Pt. 2, Ch. 1, §§ 10, 11)
(a) 
Description.
The seal of the city shall consist of a heraldic device, being circular and an inch and a half (11/2) in diameter. Encircled over the top “Everett”; below, “Settled 1630; a Town 1870; Incorporated a City 1892.” On a shield argent, in base, a spring of pure water in the center, and on either side foliage. On chief gules, a mural coronet proper. Crest, and arm vested holding a sword proper. Below the shield, on either side, two (2) branches of laurel fruited proper.
(b) 
Custodian.
The City Clerk shall be the custodian of the city seal.
(Ord. of 7-24-2001, C0109-11; amended 11-17-2021 by Ord. No. C0355-21; 12-27-2021 by Ord. No. C0404-21)
(a) 
Ward 1.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of the Boston/Everett city line and the Chelsea/Everett city line, and proceeding westerly along the Boston/Everett city line to Broadway, and proceeding northerly along Broadway to Hampshire Street, and proceeding easterly along Hampshire Street to Orchard Street, and proceeding southerly along Orchard Street to Summer Street, and proceeding easterly along Summer Street to High Street, and proceeding easterly along High Street to Ferry Street, and proceeding southerly along Ferry Street to Union Street, and proceeding easterly along Union Street to Malden Street, and proceeding southerly along Malden Street to Reynolds Avenue, and proceeding easterly along Reynolds Avenue to the Chelsea/Everett city line, and proceeding southerly along the Chelsea/Everett city line to the point of beginning.
(b) 
Ward 2.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of Broadway and Reed Avenue, and proceeding northerly along Broadway to Lynn Street, and proceeding northerly along Lynn Street to the Malden/Everett city line, and proceeding easterly along the Malden/Everett city line to the Revere/Everett city line, and proceeding southerly along the Revere/Everett city line to the Chelsea/Everett city line, and proceeding southerly along the Chelsea/Everett city line to Dartmouth Street, and proceeding westerly along Dartmouth Street to Elsie Street, and proceeding westerly along Elsie Street to Woodlawn Street, and proceeding northerly along Woodlawn Street to Shirley Street, and proceeding westerly along Shirley Street to Ferry Street, and proceeding northerly along Ferry Street to Elm Street, and proceeding westerly along Elm Street to Reed Avenue, and proceeding westerly along Reed Avenue to the point of beginning.
(c) 
Ward 3.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of the Malden/Everett city line and Hancock Street, and proceeding northerly along the Malden/Everett city line to Lynn Street, and proceeding southerly along Lynn Street to Broadway, and proceeding southerly along Broadway to Hosmer Street, and proceeding northerly along Hosmer Street to Walnut Street, and proceeding northerly along Walnut Street to Morris Street, and proceeding northerly along Morris Street to Vernal Street, and proceeding westerly along Vernal Street to Woodland Street, and proceeding northerly along Woodland Street to Central Avenue, and proceeding northerly along Central Avenue to Herbert Street, and proceeding northerly along Herbert Street to Highland Avenue, and proceeding southerly along Highland Avenue to Harrison Avenue, and proceeding westerly along Harrison Avenue to Bradford Street, and proceeding southerly along Bradford Street to Hancock Street, and proceeding westerly along Hancock Street to the point of beginning.
(d) 
Ward 4.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of the Malden/Everett city line and Main Street, and proceeding easterly along the Malden/Everett city line to Hancock Street, and proceeding easterly along Hancock Street to Bradford Street, and proceeding northerly along Bradford Street to Harrison Avenue, and proceeding easterly along Harrison Avenue to Highland Avenue, and proceeding northerly along Highland Avenue to Herbert Street, and proceeding southerly along Herbert Street to Central Avenue, and proceeding southerly along Central Avenue to Woodland Street, and proceeding southerly along Woodland Street to Vernal Street, and proceeding easterly along Vernal Street to Morris Street, and proceeding southerly along Morris Street to Walnut Street, and proceeding southerly along Walnut Street to Hosmer Street, and proceeding southerly along Hosmer Street to Broadway, and proceeding southerly along Broadway to Norwood Street, and proceeding westerly along Norwood Street to Forest Avenue, and proceeding westerly along Forest Avenue to Main Street, and proceeding northerly along Main Street to the point of beginning.
(e) 
Ward 5.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of the Medford/Everett city line and the Somerville/Everett city line, and proceeding northerly along the Medford/Everett city line to the Malden/Everett city line, and proceeding northerly along the Malden/Everett city line to Main Street, and proceeding southerly along Main Street to Forest Avenue, and proceeding easterly along Forest Avenue to Norwood Street, and proceeding southerly along Norwood Street to Broadway, and proceeding southerly along Broadway to the Boston/Everett city line, and proceeding northerly along the Boston/Everett city line to the Somerville/Everett city line, and proceeding northerly along the Somerville/Everett city line to the point of beginning.
(f) 
Ward 6.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of the Medford/Everett city line and the Somerville/Everett city line, and proceeding northerly along the Medford/Everett city line to the Malden/Everett city line, and proceeding northerly along the Malden/Everett city line to Main Street, and proceeding southerly along Main Street to Forest Avenue, and proceeding easterly along Forest Avenue to Norwood Street, and proceeding southerly along Norwood Street to Broadway, and proceeding southerly along Broadway to the Boston/Everett city line, and proceeding northerly along the Boston/Everett city line to the Somerville/Everett city line, and proceeding northerly along the Somerville/Everett city line to the point of beginning.
(Added 12-27-2021 by Ord. No. C0404-21)
(a) 
Ward 1, Precinct 1.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of Broadway and Second Street, and proceeding northerly along Broadway to Hampshire Street, and proceeding easterly along Hampshire Street to Orchard Street, and proceeding southerly along Orchard Street to Summer Street, and proceeding easterly along Summer Street to High Street, and proceeding easterly along High Street to Ferry Street, and proceeding southerly along Ferry Street to Cottage Street, and proceeding westerly along Cottage Street to Clinton Street, and proceeding southerly along Clinton Street to Chelsea Street, and proceeding westerly along Chelsea Street to Revere Street, and proceeding southerly along Revere Street to Marlboro Street, and proceeding westerly along Marlboro Street to Wolcott Street, and proceeding southerly along Wolcott Street to Second Street, and proceeding northerly along Second Street to the point of beginning.
(b) 
Ward 1, Precinct 2.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of Broadway and Revere Beach Parkway, and proceeding northerly along Broadway to Second Street, and proceeding southerly along Second Street to Wolcott Street, and proceeding northerly along Wolcott Street to Marlboro Street, and proceeding easterly along Marlboro Street to Revere Street, and proceeding northerly along Revere Street to Chelsea Street, and proceeding easterly along Chelsea Street to Clinton Street, and proceeding northerly along Clinton Street to Cottage Street, and proceeding easterly along Cottage Street to Ferry Street, and proceeding northerly along Ferry Street to Union Street, and proceeding easterly along Union Street to Florence Street, and proceeding southerly along Florence Street to Chelsea Street, and proceeding westerly along Chelsea Street to Vine Street, and proceeding southerly along Vine Street to Revere Beach Parkway, and proceeding westerly along Revere Beach Parkway to the point of beginning.
(c) 
Ward 1, Precinct 3.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of the Boston/Everett city line and the Chelsea/Everett city line, and proceeding westerly along the Boston/Everett city line to Broadway, and proceeding northerly along Broadway to Revere Beach Parkway, and proceeding easterly along Revere Beach Parkway to Vine Street, and proceeding northerly along Vine Street to Chelsea Street, and proceeding easterly along Chelsea Street to Florence Street, and proceeding northerly along Florence Street to Union Street, and proceeding easterly along Union Street to Malden Street, and proceeding southerly along Malden Street to Reynolds Avenue, and proceeding easterly along Reynolds Avenue to the Chelsea/Everett city line, and proceeding southerly along the Chelsea/Everett city line to the point of beginning.
(d) 
Ward 2, Precinct 1.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of Woodlawn Street and Nichols Street, and proceeding northerly along Woodlawn Street to Elsie Street, and proceeding easterly along Elsie Street to Dartmouth Street, and proceeding easterly along Dartmouth Street to the Chelsea/Everett city line, and proceeding southerly along the Chelsea/Everett city line to Reynolds Avenue, and proceeding westerly along Reynolds Avenue to Malden Street, and proceeding northerly along Malden Street to Nichols Street, and proceeding westerly along Nichols Street to the point of beginning.
(e) 
Ward 2, Precinct 2.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of Foster Street and High Street, and proceeding northerly along Foster Street to Arlington Street, and proceeding easterly along Arlington Street to Ferry Street, and proceeding northerly along Ferry Street to Cherry Street, and proceeding easterly along Cherry Street to Woodlawn Street, and proceeding southerly along Woodlawn Street to Nichols Street, and proceeding easterly along Nichols Street to Malden Street, and proceeding southerly along Malden Street to Union Street, and proceeding westerly along Union Street to Ferry Street, and proceeding northerly along Ferry Street to High Street, and proceeding westerly along High Street to the point of beginning.
(f) 
Ward 2, Precinct 3.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of Broadway and Hampshire Street, and proceeding northerly along Broadway to Reed Avenue, and proceeding southerly along Reed Avenue to Elm Street, and proceeding easterly along Elm Street to Ferry Street, and proceeding southerly along Ferry Street to Shirley Street, and proceeding easterly along Shirley Street to Woodlawn Street, and proceeding southerly along Woodlawn Street to Cherry Street, and proceeding westerly along Cherry Street to Ferry Street, and proceeding southerly along Ferry Street to Arlington Street, and proceeding westerly along Arlington Street to Foster Street, and proceeding southerly along Foster Street to High Street, and proceeding southerly along High Street to Summer Street, and proceeding westerly along Summer Street to Orchard Street, and proceeding northerly along Orchard Street to Hampshire Street, and proceeding westerly along Hampshire Street to the point of beginning.
(g) 
Ward 3, Precinct 1.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of Broadway and Gledhill Avenue, and proceeding northerly along Broadway to Lynn Street, and proceeding northerly along Lynn Street to the Malden/Everett city line, and proceeding easterly along the Malden/Everett city line to the Revere/Everett city line, and proceeding southerly along the Revere/Everett city line to Elm Street, and proceeding westerly along Elm Street to Adams Avenue, and proceeding northerly along Adams Avenue to municipal runoff drainage line, and proceeding westerly along municipal runoff drainage line to Calhoun Avenue, and proceeding northerly along Calhoun Avenue to Russell Street, and proceeding northerly along Russell Street to Gledhill Avenue, and proceeding northerly along Gledhill Avenue to the point of beginning.
(h) 
Ward 3, Precinct 2.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of Russell Street and Harding Avenue, and proceeding northerly along Russell Street to Calhoun Avenue, and proceeding southerly along Calhoun Avenue to municipal runoff drainage line, and proceeding northerly along municipal runoff drainage line boundary to Adams Avenue, and proceeding easterly along Adams Avenue to Elm Street, and proceeding easterly along Elm Street to the Revere/Everett city line, and proceeding southerly along the Revere/Everett city line to the Chelsea/Everett city line, and proceeding southerly along the Chelsea/Everett city line to Dartmouth Street, and proceeding westerly along Dartmouth Street to Elsie Street, and proceeding westerly along Elsie Street to Birch Street, and proceeding northerly along Birch Street to Elm Street, and proceeding easterly along Elm Street to Harding Avenue, and proceeding westerly along Harding Avenue to the point of beginning.
(i) 
Ward 3, Precinct 3.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of Broadway and Reed Avenue, and proceeding northerly along Broadway to Gledhill Avenue, and proceeding easterly along Gledhill Avenue to Russell Street, and proceeding northerly along Russell Street to Harding Avenue, and proceeding easterly along Harding Avenue to Elm Street, and proceeding westerly along Elm Street to Birch Street, and proceeding southerly along Birch Street to Elsie Street, and proceeding westerly along Elsie Street to Woodlawn Street, and proceeding northerly along Woodlawn Street to Shirley Street, and proceeding westerly along Shirley Street to Ferry Street, and proceeding northerly along Ferry Street to Elm Street, and proceeding westerly along Elm Street to Reed Avenue, and proceeding westerly along Reed Avenue to the point of beginning.
(j) 
Ward 4, Precinct 1.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of the Malden/Everett city line and Ferry Street, and proceeding easterly along the Malden/Everett city line to Lynn Street, and proceeding southerly along Lynn Street to Broadway, and proceeding southerly along Broadway to Elliott Road, and proceeding westerly along Elliott Road to Shute Street, and proceeding westerly along Shute Street to Edith Street, and proceeding westerly along Edith Street to Carlson Street, and proceeding southerly along Carlson Street to Ferry Street, and proceeding westerly along Ferry Street to the point of beginning.
(k) 
Ward 4, Precinct 2.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of Glendale Street and Morris Street, and proceeding easterly along Glendale Street to Ferry Street, and proceeding northerly along Ferry Street to Carlson Street, and proceeding northerly along Carlson Street to Edith Street, and proceeding southerly along Edith Street to Shute Street, and proceeding easterly along Shute Street to Elliott Road, and proceeding easterly along Elliott Road to Broadway, and proceeding southerly along Broadway to Hosmer Street, and proceeding northerly along Hosmer Street to Walnut Street, and proceeding northerly along Walnut Street to Morris Street, and proceeding northerly along Morris Street to the point of beginning.
(l) 
Ward 4, Precinct 3.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of the Malden/Everett city line and Hancock Street, and proceeding northerly along the Malden/Everett city line to Ferry Street, and proceeding easterly along Ferry Street to Glendale Street, and proceeding westerly along Glendale Street to Morris Street, and proceeding northerly along Morris Street to Vernal Street, and proceeding westerly along Vernal Street to Woodland Street, and proceeding northerly along Woodland Street to Central Avenue, and proceeding northerly along Central Avenue to Herbert Street, and proceeding northerly along Herbert Street to Highland Avenue, and proceeding southerly along Highland Avenue to Harrison Avenue, and proceeding westerly along Harrison Avenue to Bradford Street, and proceeding southerly along Bradford Street to Hancock Street, and proceeding westerly along Hancock Street to the point of beginning.
(m) 
Ward 5, Precinct 1.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of the Malden/Everett city line and Main Street, and proceeding easterly along the Malden/Everett city line to Hancock Street, and proceeding easterly along Hancock Street to Bradford Street, and proceeding southerly along Bradford Street to Kinsman Street, and proceeding southerly along Kinsman Street to Stuart Street, and proceeding westerly along Stuart Street to Bucknam Street, and proceeding southerly along Bucknam Street to Forest Avenue, and proceeding westerly along Forest Avenue to Main Street, and proceeding northerly along Main Street to the point of beginning.
(n) 
Ward 5, Precinct 2.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of Stuart Street and Bucknam Street, and proceeding easterly along Stuart Street to Kinsman Street, and proceeding northerly along Kinsman Street to Bradford Street, and proceeding northerly along Bradford Street to Harrison Avenue, and proceeding easterly along Harrison Avenue to Highland Avenue, and proceeding northerly along Highland Avenue to Herbert Street, and proceeding southerly along Herbert Street to Central Avenue, and proceeding southerly along Central Avenue to Woodland Street, and proceeding southerly along Woodland Street to Vernal Street, and proceeding easterly along Vernal Street to Morris Street, and proceeding southerly along Morris Street to Walnut Street, and proceeding southerly along Walnut Street to Hosmer Street, and proceeding southerly along Hosmer Street to Sherman Street, and proceeding southerly along Sherman Street to Kenilworth Street, and proceeding westerly along Kenilworth Street to Gilmore Street, and proceeding southerly along Gilmore Street to Hancock Street, and proceeding westerly along Hancock Street to Dean Street, and proceeding westerly along Dean Street to Warren Street, and proceeding northerly along Warren Street to Cleveland Avenue, and proceeding southerly along Cleveland Avenue to Morgan Street, and proceeding northerly along Morgan Street to Swan Street, and proceeding westerly along Swan Street to Bucknam Street, and proceeding northerly along Bucknam Street to the point of beginning.
(o) 
Ward 5, Precinct 3.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of Swan Street and Bucknam Street, and proceeding easterly along Swan Street to Morgan Street, and proceeding southerly along Morgan Street to Cleveland Avenue, and proceeding northerly along Cleveland Avenue to Warren Street, and proceeding southerly along Warren Street to Dean Street, and proceeding easterly along Dean Street to Hancock Street, and proceeding easterly along Hancock Street to Gilmore Street, and proceeding northerly along Gilmore Street to Kenilworth Street, and proceeding easterly along Kenilworth Street to Sherman Street, and proceeding northerly along Sherman Street to Hosmer Street, and proceeding easterly along Hosmer Street to Broadway, and proceeding southerly along Broadway to Norwood Street, and proceeding westerly along Norwood Street to Bucknam Street, and proceeding northerly along Bucknam Street to the point of beginning.
(p) 
Ward 6, Precinct 1.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of the Medford/Everett city line and Revere Beach Parkway, and proceeding northerly along the Medford/Everett city line to the Malden/Everett city line, and proceeding northerly along the Malden/Everett city line to Main Street, and proceeding southerly along Main Street to Prescott Street, and proceeding westerly along Prescott Street to Tremont Street, and proceeding southerly along Tremont Street to Elton Street, and proceeding easterly along Elton Street to Valley Street, and proceeding southerly along Valley Street to Waters Avenue, and proceeding westerly along Waters Avenue to the Northern Strand Community Trail, and proceeding westerly along the Northern Strand Community Trail to MBTA RR, and proceeding southerly along MBTA RR to Norman Street, and proceeding westerly along Norman Street to Santilli Highway, and proceeding westerly along Santilli Highway to the Santilli Circle Ramp, and proceeding westerly along the Santilli Circle Ramp to Revere Beach Parkway, and proceeding westerly along Revere Beach Parkway to the center of the Malden River being the line between Medford and Everett, and proceeding westerly along the Malden River to Revere Beach Parkway, and proceeding westerly along Revere Beach Parkway to the point of beginning.
(q) 
Ward 6, Precinct 2.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of Prescott Street and Tremont Street, and proceeding easterly along Prescott Street to Main Street, and proceeding southerly along Main Street to Forest Avenue, and proceeding easterly along Forest Avenue to Norwood Street, and proceeding southerly along Norwood Street to Broadway, and proceeding southerly along Broadway to Corey Street, and proceeding westerly along Corey Street to School Street, and proceeding southerly along School Street to Oakes Street, and proceeding westerly along Oakes Street to Tileston Street, and proceeding westerly along Tileston Street to Laurel Street, and proceeding northerly along Laurel Street to Laurel Court, and proceeding westerly along Laurel Court to the Tileston Street underpass, and proceeding westerly along the Tileston Street underpass to MBTA RR, and proceeding northerly along MBTA RR to the Northern Strand Community Trail boundary, and proceeding easterly along the Northern Strand Community Trail boundary to Waters Avenue, and proceeding easterly along Waters Avenue to Valley Street, and proceeding northerly along Valley Street to Elton Street, and proceeding westerly along Elton Street to Tremont Street, and proceeding northerly along Tremont Street to the point of beginning.
(r) 
Ward 6, Precinct 3.
All of that portion of Middlesex County bounded and described as follows: Beginning at the point of intersection of the Medford/Everett city line and the Somerville/Everett city line, and proceeding northerly along the Medford/Everett city line to Revere Beach Parkway, and proceeding easterly along Revere Beach Parkway to the Malden River boundary, and proceeding easterly along the Malden River boundary to Revere Beach Parkway, and proceeding easterly along Revere Beach Parkway to the Sweetser Circle Ramp, and proceeding easterly along the Sweetser Circle Ramp to Santilli Highway, and proceeding northerly along Santilli Highway to Norman Street, and proceeding easterly along Norman Street to MBTA RR, and proceeding northerly along MBTA RR to Tileston Street underpass, and proceeding easterly along Tileston Street underpass to Laurel Court, and proceeding easterly along Laurel Court to Laurel Street, and proceeding southerly along Laurel Street to Tileston Street, and proceeding easterly along Tileston Street to Oakes Street, and proceeding easterly along Oakes Street to School Street, and proceeding northerly along School Street to Corey Street, and proceeding easterly along Corey Street to Broadway, and proceeding southerly along Broadway to the Boston/Everett city line, and proceeding northerly along the Boston/Everett city line to the Somerville/Everett city line, and proceeding northerly along the Somerville/Everett city line to the point of beginning.
When used in this Ordinance, unless the context otherwise requires, the following terms shall have the following meanings:
(a) 
“Board” means a governmental body of the City of Everett.
(b) 
“Commission” means a governmental body of the City of Everett.
(c) 
“Department Head” means the person in charge of the operation of a department o the City of Everett.
(d) 
“Enforcing Officer” means any municipal officer of the City of Everett who takes cognizance of a violation of a specific rule or regulation of the city who is empowered to enforce the provisions of their respective codes in accordance with the provisions of M.G.L. c. 40 Section 21D.
(e) 
“Municipal Officer” means any official of the City of Everett with the responsibility for taking cognizance of a violation of specific rules or regulations of the city in accordance with the provisions of this chapter and M.G.L. c. 40 Section 21D.
(f) 
“Offender” means any person found to be in violation of the rules and regulations of any municipal officer, board, commission or department of the City of Everett.
(g) 
“Rules and Regulations” means the duly promulgated standards or requirements, adopted in accordance with this ordinance, of any municipal officer, board, commission or department of the City of Everett.
(a) 
Any person, firm or corporation violating any of the provisions of this ordinance or the duly promulgated rules or regulations of any municipal officer, board, commission or department shall be subject to the general penalty provided for by Section 1-22 of the Revised Ordinances of the City of Everett or by specific penalties provided for by the rules and regulations of any municipal officer, board, commission or department.
(a) 
Any municipal officer of the City of Everett taking cognizance of a violation of a specific ordinance, regulation or code of the city which he or she is empowered to enforce, hereinafter referred to as the enforcing person, as an alternative to initiating criminal proceedings may give to the offender a written notice to appear before the Clerk of the Malden District Court at any time during the court’s office hours, but not later than twenty-one days after the date of such notice.
(b) 
Such notice shall be triplicate and shall contain the name and address, if known, of the offender, the specific offense charged, and the time and place for his or her required appearance. Such notice shall be signed by the offender, whenever practicable, in acknowledgement that such notice had been received.
(a) 
The enforcing person shall, if possible, deliver to the offender a copy of the notice, as described in Section 1-17, at the time and place of the violation. If it is not possible to deliver a copy of the notice to the offender at the time and place of the violation, the copy shall be mailed or delivered by the enforcing person, or by the head of his or her department or by any person authorized by such department head to the offender’s last known address, within fifteen days after the violation.
(b) 
Such notice as so mailed shall be deemed a sufficient notice, and a certificate of the person so mailing notice that it has been mailed in accordance with this section shall be prima facie evidence thereof.
(c) 
At or before the completion of each workday, or at the beginning of the first subsequent workday, the enforcing person shall give to his or her department head those copies of each notice of such violation he or she has taken cognizance of during the workday which have not already been delivered or mailed by him or her as aforesaid.
(d) 
The department head shall retain and safely preserve one copy and shall, at a time not later than the next court day after such delivery or mailing, deliver the other copy to the Clerk of the Malden District Court, before which the offender has been notified to appear.
(a) 
Any person notified to appear before the Clerk of the Malden District Court as provided in this article, may so appear and confess the offense charged, either personally or through a duly authorized agent or by mailing to the treasurer/collector’s office with the notice described in this article, with the specific sum of money not exceeding the penalty set forth in Section 1-22 of the Revised Ordinances of the City of Everett, for each offense or as the city, any municipal officer, board, commission or department shall fix as penalty for violation of the ordinance or rule or regulation.
(b) 
Such payment shall, if mailed, be made only by postal note, money order or check. The payment to the treasurer/collector’s office of such sum shall operate as a final disposition of the case.
(c) 
As provided for by Section 21D of Chapter 40, General Laws, an appearance under this article shall not be deemed a criminal proceeding. No person notified to appear before the Clerk of Malden District Court shall be required to report to any probation officer and no record of the case shall be entered in any probation records.
(a) 
If any person so notified to appear desires to contest the violation alleged in the notice to appear and also to avail himself or herself of the procedures established pursuant to this article, he or she may, within twenty-one days after the date of the notice, request a hearing in writing. Such hearing shall be held before a judge, clerk or assistant clerk, as the court directs, and if the judge, clerk or assistant clerk, after a hearing, finds that the violation occurred and that it was committed by the person so notified to appear, the person so notified shall be permitted to dispose of the case as aforesaid, or such lesser amount as the judge, clerk or assistant clerk orders, which payment shall operate as a final disposition of the case.
(b) 
If the judge, clerk or assistant clerk, after a hearing, finds that the violation alleged did not occur or was not committed by the person notified to appear, that the finding shall be entered in the docket, which shall operate as a final disposition of the case. Proceedings held pursuant to this article shall not be deemed to be criminal proceedings. No person disposing of a case by payment of such a penalty shall be required to report to any probation office as a result of such violation, nor shall any record of the case be entered in the probation records.
(c) 
If any person so notified to appear before the clerk of the Malden District Court fails to pay the fine provided under this article within the time specified or, having appeared, does not confess the offense before the clerk or pay the sum of money fixed as a penalty after a hearing and finding as provided in subsection (b) of this section, the clerk shall notify the enforcing person who issued the original notice, who shall determine whether to apply for the issuance of a complaint for the violation of the appropriate ordinance rule or regulation.
(a) 
Without intending to limit the generality of the foregoing, it is the intention of this provision that the following titles and sections of the Revised Ordinances of the City of Everett are to be included within the scope of this chapter on non-criminal disposition, and that the municipal personnel listed below for each title shall also be enforcing persons:
(1) 
Chapter 3 Animals
Enforcing officers: Animal control officers or other duly authorized officer.
(2) 
Chapter 4 Buildings
Enforcing officers: Building inspector and local inspectors or other duly authorized officer
(3) 
Chapter 10 Health and Safety
Enforcing officers: Health inspector or other duly authorized officer
(4) 
Chapter 17 Street and Sidewalks
Enforcing officers: Director of City Services or other duly authorized officer
(5) 
Zoning
Enforcing officers: Building inspector or other duly authorized officer.
(6) 
Fire
Enforcing officers: Fire Prevention Officer
(Ord of 08-25-2005; C0112-08)
(a) 
Notwithstanding the language in this Section, and unless otherwise provided by specific law or ordinance, the penalty to apply in the event of a violation of any ordinance enforced by the non-criminal disposition procedure in this chapter shall be as follows: not less than twenty-five dollars and not more than three hundred dollars per offense. Each day on which a violation exists shall be deemed to be a separate offense.
(b) 
Any person or entity who both fails to provide payment to the collector’s office or issuing department as provided by Section 1-19 and fails to make written request for a hearing within twenty-one days to the issuing department and the clerk magistrate of the Malden District Court shall be assessed a late fee of fifty dollars. Written notice of this late fee shall be forwarded to such person or entity by regular mail by the treasurer/collector or issuing department within 60 days of the end of the period provided for a request for a hearing.
(c) 
If the original penalty and the late fee are not paid in full within thirty days from the written notice described in subsection (b) above, the amount due to the city shall be three hundred dollars.
(Ord. of 12-5-2003)
(a) 
Whoever violates a provision of any ordinance whether of these Revised ordinances of the City of Everett or any other ordinance enacted after the adoption of this revision shall, unless otherwise provided by law or ordinance, be liable to a penalty of not more than three hundred dollars for each offense.
(b) 
Except where otherwise specifically provided, each day any violation of any provision of these Revised Ordinances of the City of Everett or any other such ordinance shall constitute a separate offense.
(A0082-10)
(a) 
Purpose.
(1) 
Due to the increasing numbers in population in the City of Everett and the fact that local aid and grant money is often based on census numbers, the City of Everett must increase efforts to ensure that all residents of the City have been counted.
(b) 
Regulation.
(1) 
All persons who own, lease or rent property as a domicile or within 30 days of residing within the City of Everett in such property, house, apartment, condo, or any other domicile provided under Section 10A of Chapter 51 of the Massachusetts General Laws shall file an Annual Street Listing form with the Everett City Clerk’s Office.
(2) 
This Ordinance shall require all city departments, boards, commissions and committees to verify with the City Clerk that a current census form is on file prior to the issuance of any license, resident parking sticker, permit, abatement, refund, compensation, contract, appointment or appeal.
[1]
Editor's Note: Former Section 1-24, Cease and Desist Orders, moved to Chapter 13A. Article V
(C0066-12; A0174-12)
(a) 
Any permanent full-time employee where the mayor is the appointing authority with the exception of department heads, hired on or after July 1, 2012, shall establish such employee’s residency within the city within one hundred eighty (180) days of such employee’s date of hire, and at a minimum, shall remain a resident of the city through such employee’s seventh anniversary date of hire, at which time at such employee’s sole discretion such employee may establish residency either within or outside of the city.
(b) 
Each permanent full-time employee where the mayor is the appointing authority with the exception of department heads hired on or after July 1, 2012, on each and every anniversary date of hire, through and including such employee’s seventh anniversary date, shall submit to the city’s human resources department proof of residency within the city satisfactory to the human resources department.
(c) 
Any permanent full-time employee where the mayor is the appointing authority, and is employed by the city prior to July 1, 2012, shall be exempt from this residency requirement.
(d) 
In the event that the appointing authority, with the approval of the city council, determines it to be in the best interest of the public, the provisions of this article may be waived with respect to a particular person or position, and such waiver shall not act to defeat the application of this section to every other person or position. The appointing authority shall submit in writing to the city council reasons why such waiver is in the best interests of the public. The city council may grant such waiver by majority vote of the city council.