ss 1-1. How Code designated and cited.
ss 1-2. Construction and effect of Code.
ss 1-3. Catchlines of sections.
ss 1-4. Rules of construction.
ss 1-5. Repeal not to revive former bylaw.
ss 1-6. Severability of parts of code.
ss 1-7. References to laws of the commonwealth.
ss 1-8. General penalty.
ss 1-9. Custody of seal.
ss 1-10. Enforcement
Section1-1. How Code designated and cited. The bylaws contained in this chapter and the following chapters and sections shall constitute and be designated "The Code of the Town of Adams, Massachusetts," and may be so cited. Such bylaws may also be cited as "Adams Town Code."
Section 1-2. Construction and effect of Code. So far as the provisions of this Code are the same in effect as those of the Bylaws 1960, amendments thereto and other previously existing bylaws, they shall be construed as continuations thereof. All other bylaws of the town now in force and effect are hereby repealed at the moment of the taking effect of this Code, subject, however, to the aforesaid limitation and to the other provisions of this section; but this repeal shall not apply to or affect any bylaw heretofore adopted accepting or adopting the provisions of any statute of the commonwealth. The provisions of this Code and the repeal of all other bylaws now in force and effect shall not affect any act done, any right accrued, any penalty or liability incurred, or any pending suit, prosecution or proceeding. Such repeal, insofar as its includes any bylaw creating or establishing an office or position of employment,, shall not be construed, unless otherwise indicated by the context, in and of itself, as abolishing such office or position, nor shall the repeal of any bylaw have the effect of reviving any bylaw heretofore repealed or superseded. Any person holding any office or position of employment at the time when this Code takes effect shall, unless otherwise expressly provided, continue to hold the same for the time for which he was appointed or elected, or until removed or suspended or another person shall have been appointed or elected in his stead. Mere change of designation of an office or employment, without substantial change of duties or powers connected therewith, shall not be considered as changing, by way of increase or decrease, the rights or powers of the holder of such office or employment.
Section 1-3. Catchlines of sections. The catchlines of the several sections of this Code printed in blackface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of 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.
Section 1-4. Rules of construction. In the construction of this Code and of all other bylaws of the town, the following rules of construction shall be observed, unless the construction thereby attained would be inconsistent with the manifest intent of the town or repugnant to the context of the bylaw: Board of Selectmen. The works "board of selectmen" or "selectmen" shall mean the board of selectmen of the Town of Adams, Massachusetts. Commonwealth. The word "commonwealth" shall mean the Commonwealth of Massachusetts. General Laws, G.L. The words "General Laws" or "G.L." shall mean and refer to the General Laws of Massachusetts, Tercentenary Edition, and as amended. Joint authority. 1 Words purporting to give a joint authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or persons. Joint liability. Whenever any act is prohibited, the agent or employer, as well as the person actually doing such prohibited act, shall be liable to the prescribed penalty. Month. 2 The word "month" shall mean a calendar month. Member, gender. 3 Words importing the singular number only shall extend to and be applied to the plural number, and words importing the masculine gender only shall extend and apply to the feminine and the neuter, if applicable. Owner, occupant. The words "owner" or "occupant," when used with reference to a building or land, shall be construed as including any sole owner or occupant, and any joint tenant, tenant by the entirety and tenant in common of the whole or a part of the building or land. Person, whoever. 4 The words "person" and "whoever" shall be construed as including corporations, firms, societies, associations and partnerships, as well as individuals. Preceding, following. 5 The words "preceding" and "following" shall mean next before and next after, respectively. Shall; may. "Shall" is mandatory; "may" is permissive. Street, highway. The words "street" and "highway" shall be construed as including avenues, courts, lanes, alleys, squares, places, sidewalks, and all other public ways in the city, and each of these words includes every other of them. Time. Words used in the past or present tense include the future as well as the past and present. Town. The word "town" shall mean the Town of Adams, in the County of Berkshire in the Commonwealth of Massachusetts. Week. The word "week" shall mean a period of seven days, beginning with Sunday and ending with the Saturday next following. "Written" or "in writing." 6 The terms "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
Section 1-5. Repeal not to revive former bylaws. When any bylaw repealing a former bylaw, chapter, clause or provision shall be repealed, such repeal shall not revive such former bylaw, chapter, clause or provision, unless its expressly so provides.
Section 1-6. Severability of parts of Code. It is hereby declared to be the intention of the town 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 or otherwise invalid by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.
Section 1-7. References to laws of the commonwealth. All references in this Code and other bylaws of the town to chapters and sections of the General Laws of the commonwealth and other acts of the legislature shall be deemed to apply to such chapters and sections as now or hereafter amended.
Section 1-8. General penalty. 7 Whoever violates any of the provisions of this Code or other bylaws of the town whereby an act or thing is enjoined or prohibited shall, unless other provisions are expressly made by such provision of this Code or other ordinances or by the laws of the commonwealth, forfeit and pay a fine of fifty (50) dollars for each offense. (Bylaws 1960, art. 1, ss 3; 10-3-72, art. 21, 5-26-92)
Section 1-9. Custody of seal. 8 The town clerk shall have custody of the town seal. (Bylaws 1960, art. 6, ss 1.)
SECTION 1-10 ENFORCEMENT
a. Criminal Complaint Whoever violates any provision of these bylaws and/or the zoning bylaws of the Town of Adams may be penalized by indictment or on complaint brought in the District Court. Except as may be otherwise provided in those bylaws, and as the District Court may see fit to impose, the maximum penalty for each violation, or offense, brought in such manner shall be fifty (50) dollars.
b. Noncriminal Disposition Whoever violates any provision of these bylaws and/or the zoning bylaws of the Town of Adams the violation of which is subject to a specific or the general penalty as provided by Section 1-8 of this bylaw and/or the zoning bylaw, may be penalized by a noncriminal disposition as provided in Massachusetts General Laws, Chapter 40, Section 21D. The noncriminal method of disposition may also be used for violations of any rule or regulation of any municipal officer, board or department which is subject to a specific penalty. In addition to police officers, who shall in all cases be considered enforcing persons for the purpose of this section (except where state statute provides otherwise), the municipal personnel listed as enforcing persons for each section, if any, or by state statute, shall also be enforcing persons for such sections. Each day on which any violations exists shall be deemed to be a separate offense. (art. 21, 5-26-92)
1 For law of the commonwealth as to joint authority, see G.L., c. 4, ss 6.
2 For law of the commonwealth as to month, see G.L., c. 4, ss 7.
3 For similar law of the commonwealth, see G.L. c. 4, ss 6.
4 For similar law of the commonwealth, see G.L. c. 4, ss 7.
5 For similar law of the commonwealth, see G.L. c. 4, ss 7.
6 For similar law of the commonwealth, see G.L. c. 4, ss 7.
7 For law of the commonwealth limiting penalties imposed by towns for certain violations to fifty dollars, see G.L., c. 40, ss 21. As to penalties for violations of building chapter, see ss 4-13 of this Code.
8 For the law of the commonwealth as to town seals, see G.L., c. 40, ss 47.