City of Nashua, NH Provisions Applicable to Entire Code

The ordinances embraced in the following chapters and sections shall constitute and be designated the Nashua Revised Ordinances (NRO) and may be so cited or may be cited "the Code."

§ 1-2 Rules of construction and definitions.

[Amended 12-26-1995 by Ord. No. O-95-148]

In the construction of the Code, and of all ordinances, the rules and definitions set out in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the Board of Aldermen. The rules of construction and definitions set out herein shall not be applied to any section of the Code which shall contain any express provision excluding such construction, or where the subject matter or context of such section may be repugnant thereto.

Any reference in the text of the Code to a section, article or chapter shall, unless otherwise indicated, be construed to refer to a section, article or chapter, as amended, of the Code.

Generally.

(1)

All general provisions, terms, phrases and expressions contained in the Code shall be liberally construed in order that the true intent and meaning of the Board of Aldermen may be fully carried out.

(2)

In the interpretation and application of any provision of the Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provisions imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

(3)

Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, shall be construed and understood according to such peculiar and appropriate meaning.

In the constitution of the Code, as it now stands and as it may in the future be amended, the rules set forth in RSA Chapter 21, exclusive of § 42 thereof (Effective dates), shall be observed, insofar as they may be applicable, unless such construction would be inconsistent with the manifest intent of the Board of Aldermen or repugnant to the context of the provision being construed.

(1)

Definitions. As used in this article, the following terms shall have the meanings indicated:

APPROPRIATE ALDERMANIC COMMITTEE

That standing committee of the Board of Aldermen which would naturally deal with the matter addressed, pursuant to the duties of the standing committees of the Board of Aldermen as described in § 5-9 of the Code.

BOARD OF ALDERMEN

The Board of Aldermen of the City of Nashua.

CITY

The City of Nashua, New Hampshire.

CORPORATE or CITY LIMITS

The legal boundaries of the City of Nashua.

COUNTY or THIS COUNTY

The County of Hillsborough in the State of New Hampshire.

MAYOR

The Mayor of the City.

MONTH

A calendar month.

OATH

Includes 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

Applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership or joint tenant of the whole or part of such building or land.

PERSON

Extends and is applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.

PERSONAL PROPERTY

Includes every species of property except real property, as herein described.

PROPERTY

Includes real and personal property.

REAL PROPERTY, LANDS AND REAL ESTATE

Includes lands, tenements and hereditaments, and all rights thereto and interests therein.

REGISTERED MAIL

When used in connection with the requirement for notice by mail, either registered mail or certified mail.

SIDEWALK

Any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.

SIGNATURE or SUBSCRIPTION

Includes a mark when the person cannot write.

STREET

Construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public ways in the City, and shall include all areas thereof embraced between the property lines and dedicated to the public use.

TENANT or OCCUPANT

Applied to a building or land, includes any person holding a written or oral lease or who occupies the whole or a part of such buildings or land, either alone or with others.

WRITTEN or IN WRITING

Includes printing or any other mode of representing words and letters, except where the written signature of a person is required.

YEAR

A calendar year, unless otherwise expressed, and the word "year" shall be equivalent to "year of our Lord."

Word usage.

(1)

Computation of time. When time is to be reckoned from a day, date, act done, or the time of an act done, either by force of law, or by virtue of a contract made since December 23, 1842, such day, date, or the day when such act is done shall not be included in the computation.

(2)

Delegation of authority. Whenever a provision appears requiring the head of a department or some other City officer to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provisions or section specify otherwise.

(3)

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, and corporations well as to males.

(4)

Joint authority. All words purporting to give a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers, unless otherwise expressly declared.

(5)

Number. Words importing the singular number may extend and be applied to several persons or things; words importing the plural number may include the singular.

(6)

Officers, boards, commissions, etc. Whenever any officer, board, commission or any other agency of the City is referred to by title, such reference shall be construed as if followed by the words "of the City of New Hampshire," unless indicated to the contrary.

(7)

Or; and. "Or" may be used to read "and", and "and" may be read "or" if the sense requires it.

(8)

Preceding; following. The words "preceding" and "following" mean next before and next after, respectively.

(9)

Said; such. The words "said" and "such" when used by way of reference to any person or thing, shall apply to the same person or thing last mentioned.

(10)

Shall; may. The word "shall" is mandatory; "may" is permissive.

(11)

State. The words "state," "the state" or "this state" shall be construed to mean the State of New Hampshire.

(12)

Tense. Words used in the past or present tense include the future as well as the past and present.

(13)

Wholesale, wholesaler, etc. In all cases where the words "wholesale," "wholesaler," or "wholesale dealer" are used in the Code, unless otherwise specifically defined, they shall be understood and held to relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase for purposes of resale, as distinguished from a retail dealer who sells in smaller quantities direct to the consumer.

§ 1-3 Headings, notes and references.

Part, chapter, and article headings, and notes and references are included in this Code for the convenience of users, and are not to be construed as part of the text to which they relate. The catchlines of the several sections of the Code 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.

§ 1-4 Amendments.

All ordinances passed subsequent to the Code which amend, repeal or in any way affect the Code may be numbered in accordance with the numbering system of the Code and printed for inclusion herein, or in the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby and the subsequent ordinances as numbered printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time as the Code and subsequent ordinances numbered or omitted are readopted as a new revision by the Board of Aldermen.

§ 1-5 Unauthorized alteration or tampering with Code.

It shall be unlawful for any person in the City to change or amend, by additions or deletions, any part or portions of the Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby.

§ 1-6 Effect of repeal of ordinances.

When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision unless it shall be therein so expressly provided.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took affect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed or cause of action arising under the ordinance repealed.

§ 1-7 Severability.

[NRO 1975, T. 1, § 8; amended 2-26-2008 by Ord. No. O-08-07]

The sections, paragraphs, sentences, clauses and phrases of the Code are severable, and if any phrase, clause, sentence, paragraph or section of the Code shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, sentences, paragraphs or sections of the Code.

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.

§ 1-8 Officers, employees not liable to fine for failure to perform duties.

No provision of the Code designating the duties of any officer or employee shall be so construed so as to make such officer or employee liable for any fine or penalty provided in the Code for a failure to perform such duty, unless the intention of the Board of Aldermen to impose such a fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.

§ 1-9 Acts punishable under different sections.

In all cases where the same offense is made punishable or is created by different clauses or sections of the Code, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense, provided that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.

§ 1-10 Certain ordinances not affected by repeal.

Nothing in the Code or the ordinance adopting the Code shall be construed to repeal or otherwise affect the validity of any of the following:

(1)

Any ordinance promising or guaranteeing the payment of money for the City, or any evidence of the City's indebtedness.

(2)

Any appropriation ordinance or ordinance providing for the levy or imposition of taxes, assessments or charges, or for an annual budget.

[Amended 2-26-2008 by Ord. No. O-08-07]

(3)

Any ordinance annexing territory to the City or excluding territory as a part of the City.

(4)

Any ordinance granting franchise, permit or other right.

(5)

Any ordinance zoning or rezoning specific property.

(6)

Any ordinance accepting a subdivision plat.

(7)

Any ordinance approving, authorizing or otherwise relating to any contract, agreement, lease, deed or other instrument or the purchase, sale, lease or transfer of property.

[Amended 2-26-2008 by Ord. No. O-08-07]

(8)

Any ordinance adopting a preliminary plan or development plan.

(9)

Any temporary ordinance.

(10)

Any ordinance enacted after July 11, 2007.

[Amended 2-26-2008 by Ord. No. O-08-07]

(11)

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.