CODE OF ORDINANCES CITY OF NEWBURYPORT, MASSACHUSETTS

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Published in 1999 by Order of the City Council

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Adopted: September 11, 1989
Effective: September 11, 1989

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Authorized republication of the 1989 Edition
Republished by Municipal Code Corporation

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CURRENT OFFICIALS

of the

CITY OF NEWBURYPORT, MASSACHUSETTS

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Donna D. Holaday

Mayor

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Barry N. Connell

City Council President

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Sharif I. Zeid	Joseph H. Devlin
Jared J. Eigerman	Barry N. Connell
Heather L. Shand	Gregory D. Earls
Charles F. Tontar	Afroz Khan
Larry G. Guinta	Bruce L. Vogel
Thomas F. O'Brien	Councillors
Councillors	At-Large

 

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Kopelman and Paige

City Solicitor

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Richard B. Jones

City Clerk

OFFICIALS

of the

CITY OF NEWBURYPORT, MASSACHUSETTS

AT THE TIME OF THIS CODIFICATION

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Mary M. Carrier

Mayor

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Brenda L. Swartz

President of the Council

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C. Bruce Brown

Michael A. Costello

Erford C. Fowler

Karen J. Kelley
Alan P. Lavender
Audrey G. McCarthy
John F. Norris
Thomas F. O'Brien
John W. Pramberg
Joseph P. Sullivan

Councillors

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Keegan, Werlin & Papian, LLP

City Solicitor

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John F. Moak

City Clerk

PREFACE

This volume is a republication of the 1989 Code of the City of Newburyport, Massachusetts. The original arrangement and the original numbering system have been retained. New state law references were added and existing references were verified and updated. A state law reference table was prepared. A uniform style of punctuation and capitalization has been employed. Obvious typographical errors and misspellings have been corrected without notation.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CHARTER AND RELATED LAWS	CHT:1
CHARTER COMPARATIVE TABLES	CHTCT:1
CODE	CD1:1
CODE APPENDIX	CDA:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CHARTER AND RELATED LAWS INDEX	CHTi:1
CODE INDEX	CDi:1

 

The following paragraphs are reprinted from the preface of the 1989 Code:

This Code constitutes a complete recodification of the ordinances of the City of Newburyport of a general and permanent nature.

Source materials used in the preparation of the Code were the 1971 Code and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this volume, the reader can locate any section of the 1971 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant state laws have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this volume.

Numbering System

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash refers to the chapter number, and the figure after the dash representing the chapter number and the figure after the dash indicating the position of the section within the chapter. Thus, the first section of Chapter 2 is numbered 2-1, and the third section of Chapter 3 is 3-3. Under this system, each section is identified with its chapter and at the same time new sections or even whole chapters can be inserted in their proper place simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between sections 4-1 and 4-2 is desired to be added, such new sections would be numbered 4-1.1, 4-1.2 and 4-1.3 respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 5 and 6, it will be designated as Chapter 5.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.

Indices

The indices have been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in phraseology, others in legal terminology and still others in language generally used by government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which he is interested.

Looseleaf Supplements

A special feature of this Code to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the Code. With this system, the Code will be kept up-to-date periodically. The page or pages affected by amendments or additions to the Charter and ordinances in this Code will be reprinted annually and will be made available by the City Clerk to all current holders of copies of the Code. Instructions for inserting the new pages and removing the obsolete pages shall be included with any such amendments or additions.

MUNICIPAL CODE CORPORATION
Tallahassee, Florida

[ADOPTING ORDINANCE]

An Ordinance Entitled an Ordinance to Adopt a Revised Code of Ordinances for the City of Newburyport.

Be it ordained by the City Council of the City of Newburyport as follows:

Section 1. A revised Code of Ordinances, consisting of Chapters 1 through 5 [sic], each inclusive, is hereby adopted and enacted as the "Code of Ordinances, City of Newburyport, MA."

Section 2. All ordinances of a general and permanent nature enacted on or before July 11, 1988, and not included in the Code or recognized and continued in force by reference therein, are hereby repealed.

Section 3. Unless another penalty is expressly provided, any person convicted of a violation of any provision of the Code of Ordinances or any ordinance, rule or regulation adopted or issued in pursuance thereof, shall be punished by a fine not exceeding three hundred dollars ($300.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits.

Section 4. All additions or amendments to the Code shall be passed in the form of ordinances and shall, therefore, be deemed to be incorporated in the Code, so that future reference to the Code shall include all additions and amendments.

Section 5. Ordinances adopted after July 11, 1988, that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code.

Section 6. Annually, it shall be the responsibility of the city clerk to update the Code by ordering supplements to be printed incorporating all amendments and additions adopted by the city council in the prior year. The city clerk shall establish a procedure to notify all current holders of the Code when such supplements become available in the office of the city clerk.

Section 7. Three (3) copies of the Code shall be kept available for public inspection in the office of the city clerk.

Section 8. This ordinance shall become effective immediately upon its passage.

Councillor /s/ ;hg; _____
Laura Rowe

In City Council, August 28, 1989:

Councillor Gurczak moved, seconded by Councillor Welch to approve. On roll call, 10 yes, 1 absent (Harnch). Ordinance approved first reading and ordered published.

Attest: /s/ ;hg; _____
Michael J. Sullivan,
City Clerk

In City Council, September 11, 1989:

Councillor Lawler moved, seconded by Councillor Bell to amend by deleting section 2-353 (Duties of deputy marshal), section 13-170 (Bus stop—Designated) and the Pleasant Street portion of section 13-173 (Mail box zones). So voted.

Councillor Lawler moved, seconded by Councillor Nolan to approve, as amended. On roll call, 11 yes. Ordinance approved second and final reading and ordered published.

	Attest: /s/ _____ Michael J. Sullivan, City Clerk
Approved, Sept. 13, 1989:
/s/ _____ Edward G. Molin, Mayor