The ordinances of the City of Marlborough of a general and permanent nature adopted by the City Council, as previously consolidated in the 1965 Code of the City of Marlborough, adopted December 6, 1965, by Ord. No. 6715, and the ordinances of a general and permanent nature adopted by the City Council subsequent to December 6, 1965, all as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters
1 through 200, are hereby approved, adopted, ordained and enacted as the Code of the City of Marlborough, hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede
all other general and permanent ordinances enacted prior to the enactment
of this Code, except such ordinances as are hereinafter expressly
saved from repeal or continued in force.
This ordinance shall take effect immediately
upon passage and publication according to law.
This ordinance shall, upon adoption, be included in the Code as Chapter
1, General Provisions, Article
II, Adoption of Code.
A copy of the Code in loose-leaf form has been
filed in the office of the City Clerk and shall remain there for use
and examination by the public until final action is taken on this
ordinance, and if this ordinance shall be adopted, such copy shall
be certified to by the Clerk of the City of Marlborough by impressing
thereon the seal of the City as provided by law, and such certified
copy shall remain on file in the office of the Clerk of the City to
be made available to persons desiring to examine the same during all
times while the said Code is in effect.
The Clerk of the City of Marlborough, pursuant
to law, shall cause to be published, in the manner required, a copy
of this adopting ordinance in a newspaper of general circulation in
the City. Sufficient copies of the Code shall be maintained in the
office of the Clerk for inspection by the public at all times during
regular office hours. The enactment and publication of this adopting
ordinance, coupled with the availability of copies of the Code for
inspection by the public, shall be deemed, held and considered to
be due and legal publication of all provisions of the Code for all
purposes.
Any and all additions, amendments or supplements
to the Code, when passed and 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 Marlborough shall be understood and intended to include
such additions and amendments. Whenever such additions, amendments
or supplements to the Code shall be adopted, they shall thereafter
be printed and, as provided hereunder, inserted in the loose-leaf
book containing the said Code as amendments and supplements thereto.
All ordinances of a general and permanent nature adopted subsequent to the date given in §
1-23A and prior to the effective date of this ordinance given in §
1-12 are hereby deemed to be part of the Code and shall, upon being printed, be included therein. Attested copies of all such legislation shall be temporarily placed in the Code until printed supplements are included.
It shall be the duty of the Clerk, or someone
authorized and directed by her, to keep up-to-date the certified copy
of the book containing the Code required to be filed in her office
for the use of the public. All changes in said Code and all ordinances
adopted subsequent to the effective date of this codification which
shall be adopted specifically as part of the Code shall, when finally
adopted, be included therein by reference until such changes or new
ordinances are printed as supplements to said Code book, at which
time such supplements shall be inserted therein.
Copies of the Code book containing the Code
may be purchased from the Clerk upon the payment of a fee to be set
by City Council, which may also arrange for procedures for the periodic
supplementation thereof.
It shall be unlawful for anyone to improperly
change or amend, by additions or deletions, any part or portion of
the Code, or to alter or tamper with such Code in any manner whatsoever
which will cause the law of the City of Marlborough to be misrepresented
thereby. Anyone violating this section of this ordinance shall be
subject, upon conviction, to a fine of not more than $200.
All ordinances or parts of ordinances of a general
and permanent nature adopted and in force on the date of the adoption
of this ordinance and not contained in the Code are hereby repealed
as of the effective date of this adopting ordinance, except as hereinafter
provided.
The adoption of this Code and the repeal of ordinances provided for in §
1-22 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 29, 1984.
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 or resolution 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 dedication of property or approval of preliminary
or final subdivision plats.
K. Any ordinance providing for salaries or complements.
L. Any ordinance relating to traffic or parking.
In compiling and preparing the ordinances for
adoption and revision as part of the Code, certain grammatical changes
and other minor changes were made in one or more of said ordinances.
It is the intention of the Council that all said changes be adopted
as part of the Code as if the ordinances so changed had been previously
formally amended to read as such.