[Adopted as §§ 1-1 through
1-9 of the 1965 Code (Ch. 1, Art. I, of the 1986 Code)]
A.
The ordinances contained in this chapter and in the chapters following shall constitute and be designated as the "Code of the City of Marlborough" 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of Subsection B, all ordinances of the City of a general and permanent nature in force on June 26, 1963, are hereby repealed; but this repeal shall not apply to nor affect any ordinance heretofore adopted accepting or adopting the provisions of any statute of the commonwealth; nor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 such City or any evidence of such City's indebtedness, or any contract or obligation assumed by such City; nor shall said repeal affect the administrative ordinances, orders or resolutions of the City Council not in conflict or inconsistent with the provisions of the Code of the City of Marlborough,1963; nor shall it affect any right or franchise conferred by any ordinance or resolution of the City Council to any person or corporation; nor shall such repeal affect the Plumbing Code of the City.
B.
The Code of the City of Marlborough and the repeal
in the preceding subsection, 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provisions so repealed; and all persons who, at the time when the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so repealed shall continue to hold the same according to the tenure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 an ordinance, which have
been heretofore repealed shall be revived by the repeal in the preceding
subsection 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 provisions unless it shall
be therein so expressly provided.
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.
CITY
CITY COUNCIL
COMMONWEALTH
MONTH
OATH
OWNER
PERSON
PRECEDING and FOLLOWING
STREET
TENANT or OCCUPANT
WRITTEN or IN WRITING
Definitions. As used in this Code, the following terms
shall have the meanings indicated:
The City of Marlborough in the County of Middlesex and the
Commonwealth of Massachusetts.
The City Council of the City of Marlborough.
The Commonwealth of Massachusetts.
A calendar month.
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."
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.
Extends and applies to associations, firms, partnerships
and bodies politic and corporate as well as to individuals.
Next before and next after, respectively.
Includes alleys, lanes, courts, public squares, public places
and sidewalks.
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.
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.
 |
A.
When no other provision is made by this Code or other
ordinances of the City or any law of the commonwealth, the Mayor and
City Council may grant licenses upon such terms and under such restrictions
as they may prescribe and revoke the same at pleasure.
B.
Whenever, in this Code or any other ordinance, anything
is prohibited except by permission or license of any officer, officers
or board, such officer, officers or board shall have power to permit
or license.
[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.
