The "Code of the City of Marlborough" shall
be in full force and effect after adoption as provided by the Charter.
In the construction of the Code, and of all
ordinances, the following rules of construction shall be observed,
unless such construction would be inconsistent with the manifest intent
of the City Council or the context of the ordinance:
A. Definitions. As used in this Code, the following terms
shall have the meanings indicated:
CITY
The City of Marlborough in the County of Middlesex and the
Commonwealth of Massachusetts.
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, 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
Extends and applies to associations, firms, partnerships
and bodies politic and corporate as well as to individuals.
STREET
Includes alleys, lanes, courts, public squares, public places
and sidewalks.
TENANT or OCCUPANT
Applied to a building or land, shall include any person holding
a written or oral lease of or who occupies the whole or a part of
such building or land, either alone or with others.
WRITTEN or IN WRITING
Includes any representation of words, letters or figures,
whether by printing or otherwise.
B. Word usage: "Computation of time" means the time in
which an act is to be done and shall be computed by excluding the
first and including the last day; and if the last day is Sunday or
a legal holiday, that shall be excluded. "Gender" means a word importing
the masculine gender only shall also extend and be applied to females
and to firms, partnerships and corporations as well as to males. "Number"
means a word importing the singular number only may also extend and
be applied to several persons and things as well as to one person
and thing.
It is hereby declared to be the intention of
the City Council that the sections, paragraphs, sentences, clauses
and phrases of this Code are severable, and if any phrase, clause,
sentence, paragraph or section of this Code shall be declared unconstitutional,
invalid or inoperative 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 this Code, since the same would have been enacted by the City Council
without the incorporation in this Code of any such unconstitutional,
invalid or inoperative phrase, clause, sentence, paragraph or section.
The following shall be the device of the Seal
of the City; within a triple circle bearing at the top "Marlborough"
and below "A Town 1660" and "A City 1890," an industrial device consisting
of a corner view of a large factory building with tower in front;
below a full side view of a boot and shoe and a corner view of an
open box containing shoes, one shoe fully displayed as suspended over
the outer and nearer edge of the box and the cover of the box lying
crosswise over the near side of the box.
[Amended 7-14-1969 by Ord. No. 8772; 12-30-1991 by Ord. No.
91-4095B]
Whoever violates any provision of any section
of this Code or of any ordinance of the City, the provisions or mandates
of which pertain to all or any part of the general public, may be
penalized by indictment or on complaint brought in district court.
Where no specific fine is stated, the violator shall, upon conviction,
be fined not less than $25 nor more than $300 for each offense.
All fines and forfeitures for the breach of
any provision of this Code or any other ordinance shall be paid into
the City Treasury.
Complaint for the breach of any provision of
this Code or any other ordinance may be made by the Mayor or any head
of a department or by any resident of the City.