[HISTORY: Adopted by the City Council of the City of Framingham as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-5-2021 by Ord. No. 2021-006 as Art. I, Sec. 1, and Art. X of the General Ordinances]
A. 
Words and phrases. Unless another meaning is provided in a specific section of these ordinances or is apparent from the manner in which the word or phrase is used, the following words and phrases as used in these ordinances shall have the following meanings:[1]
CHARTER
The Framingham Home Rule Charter and any adopted amendments to it.
DEPARTMENT DIRECTOR or DEPARTMENT HEAD
Any official responsible for running a department of the municipality who reports to a division head.
[Amended 4-30-2024 by Ord. No. 2024-025]
DIVISION HEAD
Any official who manages department directors or who reports directly to the Mayor.
EMERGENCY
A sudden, unexpected, unforeseen happening, occurrence or condition which necessitates immediate action or response.
EX OFFICIO
By virtue or because of an office without the right to vote.
FULL COUNCIL, FULL SCHOOL COMMITTEE or FULL MULTIPLE-MEMBER BODY
The entire authorized complement of the Council, School Committee or other multiple-member body notwithstanding any vacancy which might exist.
GENERAL LAWS
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 towns of which Framingham is a member.
INITIATIVE MEASURE
A measure proposed by the voters through the initiative process provided under the Charter.
LOCAL NEWSPAPER
A newspaper of general circulation within Framingham, with either a weekly or daily circulation, or, except with regard to publication required by General Law, local media website.
MAJORITY VOTE
When used in connection with a meeting of the Council, School Committee or a multiple-member body, shall mean a majority of those present and voting, unless another provision is made by General Law or ordinance.
MEASURE
Any ordinance, order, or other vote or proceeding adopted or which might be adopted by the 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 Council, the School Committee, or executive ad hoc or working groups advisory to the Mayor.
MUNICIPAL AGENCY
Any multiple-member body, department, division or office of the City of Framingham, but not including the Council or School Committee.
MUNICIPAL BULLETIN BOARD
A bulletin board, including an electronic monitor, on which the City Clerk posts official notices of meetings and upon which other official municipal notices are posted, and any other bulletin boards, including electronic monitors, at any other locations that may be designated municipal bulletin boards by the Council, and the official website of the municipality.
MUNICIPAL NOTIFICATION LIST
A notification list that residents may voluntarily join, maintained by the Citizen Participation Officer, to inform residents of upcoming meetings, employment or vendor opportunities, municipal activities or other timely information by automatic electronic means.
MUNICIPAL OFFICER
When used without further qualification or description, a person having charge of an office in accordance with Chapter 110, § 110-22, or who in the exercise of the powers or duties of that position exercises some portion of the sovereign power of the municipality.
MUNICIPAL or MUNICIPALITY
The City of Framingham.
ORDINANCE
Any rule, law or regulation adopted by the municipality in accordance with the Charter.
ORGANIZATION PLAN or REORGANIZATION PLAN
A plan submitted by the Mayor to the Council which proposes the abolition or consolidation of one or more municipal agencies, including the reassignment of functions from one agency to another, or the establishment of one or more new municipal agencies as deemed necessary to deliver one or more municipal services.
POSTED ON THE MUNICIPAL BULLETIN BOARD
The placing of an item, on paper or in electronic format, on the municipal bulletin board in order to provide notice to the public until the period of notice has expired or 14 days, whichever is longer. Large posts may be limited to the first page with a note that the entire document is available on location for inspection.
QUORUM
A majority of the full multiple-member body, full Council or full School Committee unless some other number is required by applicable law or by ordinance.
REFERENDUM
A measure adopted by the Council or the School Committee that is protested under the referendum procedures of the Charter.
RESOLUTION
A formal expression of opinion or a ceremonial declaration voted by the Council not requiring the signature of the Mayor and having no force of law.
SALARY
Total compensation or other emolument payable from the municipal treasury for services, including, but not limited to, payment for benefits, incentives, bonuses or expenses.
SPECIAL ACT
A law enacted by the State Legislature which applies only to Framingham.
STIPEND
A fixed sum of money paid periodically for services or to defray expenses, not including any other form of compensation.
VOTER
Registered voter of the City of Framingham.
[1]
Text derives from Charter Art. I, § 7.
B. 
Number and gender. Words importing the singular number may extend and be applied to several persons or things; words importing the plural number may include the singular. Any reference to the masculine gender is intended to include the feminine, and any reference to the feminine gender is intended to include the masculine.[2]
[2]
Text derives from Charter Art. IX, § 8.
C. 
References to General Laws. All references to General Laws contained in these ordinances refer to the General Laws of the Commonwealth of Massachusetts and are intended to refer to and to include any amendments or revisions to those chapters or sections or to the corresponding chapters and sections of any rearrangement, revision or recodification of such statutes enacted or adopted subsequent to the adoption of these ordinances.[3]
[Amended 4-30-2024 by Ord. No. 2024-025]
[3]
Text derives from Charter Art. IX, § 9.
D. 
Computation of time. In computing time under these ordinances, the day of the act or event after which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday or legal holiday, in which event the period shall be extended to the next day which is not a Saturday, Sunday or legal holiday. When the period of time designated is less than seven days, intermediate Saturdays, Sundays and legal holidays shall not be included; when the period is seven days or more, every day shall be counted.[4]
[Amended 4-30-2024 by Ord. No. 2024-025]
[4]
Text derives from Charter Art. IX, § 10.
[Amended 5-18-2021 by Ord. No. 2021-056-001; 4-30-2024 by Ord. No. 2024-025]
A. 
Except as otherwise provided in these general ordinances, the penalty for the violation of any provision of these ordinances, or any rule or regulation of the City, shall be as follows:
(1) 
First offense: $25.
(2) 
Second offense: $100.
(3) 
Third offense: $200.
(4) 
Each subsequent offense: $300.
B. 
Each violation shall be considered a separate offense. Each day that any such violation continues shall be considered a separate offense.
C. 
Any ordinance or rule or regulation of the City of Framingham, or of any board, commission or other regulatory agency of the City of Framingham, the violation of which is subject to a specific penalty, may, in the discretion of the City official who is the appropriate enforcing person, be enforced in the method provided in MGL c. 40, § 21D, said section being incorporated herein by reference.
A. 
Whoever violates any provisions of these ordinances, notwithstanding any penalty provided in § 1-2, may be penalized by a noncriminal disposition as provided in MGL c. 40, § 21D, and enforced by the Mayor or their designee.
B. 
A violation of any provisions of the rules and regulation of the Board of Health may be dealt with as a noncriminal offense in accordance with the provisions of MGL c. 40, § 21D.
C. 
Whoever violates any rule and/or regulation of the Department of Public Works, in lieu of any other penalty provided therefor, may be penalized by a noncriminal disposition as provided in MGL c. 40, § 21D. The Director of Public Works, or their designee, shall have the authority to enforce the rule and/or regulation and issue the noncriminal dispositions.
[Amended 4-30-2024 by Ord. No. 2024-025]
So far as the former bylaws of the Town or ordinances of the City are inconsistent with these ordinances, they are hereby repealed. In the event of a conflict between any of the City ordinances and the City Charter, the Charter shall prevail.
[Amended 4-30-2024 by Ord. No. 2024-025]
Amendments to these ordinances may be made pursuant to the procedures set forth in Article II of the Framingham Home Rule Charter, by a majority vote of all members of the Council, subject to any further rules of procedure that may be adopted by the Council.
If any provision(s) of the ordinances of the City or the application of such provision(s) to any person(s) or circumstance(s) is (are) held invalid or unenforceable, the validity of the remainder of these ordinances and all their provisions and the applicability of a provision(s) to another person(s) or circumstance(s) shall not be affected thereby.
[Adopted 4-30-2024 by Ord. No. 2024-025]
The ordinances of the City of Framingham of a general and permanent nature adopted by the City Council of the City of Framingham, as revised and codified and consisting of Chapters 1 through 435, are hereby approved, adopted, ordained and enacted as the Code of the City of Framingham, hereinafter referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments. This ordinance and the Code adopted hereby shall supersede and replace the existing compilation titled "General Ordinances," as amended and supplemented.
A. 
A copy of the Code has been filed in the office of the City Clerk and shall remain there for use and examination by the public.
B. 
Additions or amendments to the Code, when 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 Framingham" shall be understood and intended to include such additions and amendments.
The Clerk of the City of Framingham shall cause this ordinance to be posted or published in accordance with Article II, § 9(d), of the City Charter. The posting or publication of this ordinance, coupled with the filing of the Code in the office ofthe City Clerk as provided in § 1-10, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Each section of this ordinance and 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. If any provision of this Code or the application thereof to any person or circumstances is held invalid, the remainder of this Code and the application of such provision to other persons or circumstances shall not be affected thereby.
All ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the City of Framingham which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect. The following sections of the General Ordinances have been excluded from the Code and are specifically repealed: Article V, Section 11, Mechanical Protection Devices, and Article VIII, Section 2, Display of Cash Totals.
The adoption of this Code and the repeal of ordinances provided for in § 1-13 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 October 17, 2023.
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 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 annexation or dedication of property or approval of preliminary or final subdivision plats.
K. 
Ordinances providing for local improvements or assessing taxes or special assessments therefor.
L. 
Any ordinance or portion of an ordinance pertaining to the rate and manner of payment of salaries and compensation of municipal officers and employees or establishing or classifying positions or relating to a pension plan or pension fund for municipal employees.
M. 
Any ordinance or portion of an ordinance establishing traffic or parking regulations.
N. 
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the City.
O. 
Any ordinance or portion of an ordinance accepting or adopting the provisions of any general law or special act of the commonwealth.
A. 
In compiling and preparing the ordinances for publication as the Code of the City of Framingham, no changes in the meaning or intent of such ordinances have been made except as provided for in Subsections B and C hereof. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the City Council that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
B. 
Gender-neutral language. Gender-specific pronouns, such as but not limited to "he/she," "his/her" and "him/her," are amended to gender-neutral pronouns, "they," "their" and "them," and other gender-specific tenns are amended to gender-neutral terms; for example, and not by way of limitation, "repairmen" is amended to "repairpersons" and "man-made" is amended to "human-made."
C. 
Nomenclature. The following titles and terms are updated throughout the ordinances, unless otherwise required by the context:
(1) 
"Town" when referring to Framingham is amended to "City."
(2) 
"By-law" and "bylaw" are amended to "ordinance."
(3) 
References to "this Charter" are amended to "the Charter."
(4) 
"Treasurer," "Collector of Taxes" and "Tax Collector" are amended to "Treasurer-Collector."
(5) 
"Chairman" and "Chairperson" are amended to "Chair."
(6) 
"Board of Licensing Commissioners" is amended to "Board of License Commissioners."
(7) 
"lnspectional Services Department" and "Building Department" are amended to "Inspectional Services Division."
(8) 
"Health Department," "Department of Health," "Public Health Department" and "Department of Public Health," when referring to the Town agency, are amended to "Division of Public Health."
(9) 
"Director of Health" is amended to "Director of Public Health."
(10) 
"Parks and Recreation Commission" is amended to "Park and Recreation Commission."
(11) 
"Division of Public Works" is amended to "Department of Public Works."
(12) 
"Department of Planning and Community Development" is amended to "Division of Planning and Community Development."
(13) 
"Occupancy permit," "certificate of use and occupancy" and "use and occupancy permit" are amended to "certificate of occupancy."
D. 
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: Schedule A is on file with Ord. No. 2024-025 in the City Clerk's office.
A. 
Chapter and article titles, headings and titles of sections and other divisions of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
B. 
Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.