Part II.
THE CODE.

CHAPTER 1.
GENERAL PROVISIONS.

§ 1-1. How Revision designated and cited.

§ 1-2. Construction and effect of Revision.

§ 1-3. Catchlines of sections.

§ 1-4. Rules of construction.

§ 1-5. Severability of parts of Revision.

§ 1-6. References to laws of the commonwealth.

§ 1-7. General penalty.

§ 1-8. Disposition of fines.

§ 1-9. City seal.

§ 1-10. Signing and sealing of deeds, leases, etc.

§ 1-11. Wards and precincts.

Sec. 1-1. How Revision designated and cited.

The ordinances contained in this chapter and the following chapters and sections shall constitute and be designated "The Revised Ordinances of the City of Leominster, Massachusetts," and may be so cited. Such ordinances may also be cited as "Leominster City Revision."

Sec. 1-2. Construction and effect of Revision.

So far as the provisions of this Revision are the same in effect as those of the Revised Ordinances of 1960, amendments thereto and other previously existing ordinances, they shall be construed as continuations thereof. All other ordinances of the city now in force and effect are hereby repealed at the moment of the taking effect of this Revision, subject, however, to the aforesaid limitation and to the other provisions of this section; but this repeal shall not apply to or affect any ordinance heretofore adopted accepting or adopting the provisions of any statute of the commonwealth.

The provisions of this Revision and the repeal of all other ordinances 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 it includes any ordinance 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such office or position, nor shall the repeal of any ordinance have the effect of reviving any ordinance heretofore repealed or superseded. Any person holding any office or position of employment at the time when the Revision 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.

Sec. 1-3. Catchlines of sections.

The catchlines of the several sections of this Revision 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 such 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 re-enacted.

Sec. 1-4. Rules of construction.

In the construction of this Revision and of all other ordinances of the city, the following rules of construction shall be observed, unless the construction thereby attained would be inconsistent with the manifest intent of the city council or repugnant to the context of the ordinance:

City. The word "city" shall mean the City of Leominster, in the County of Worcester and the Commonwealth of Massachusetts.

City council. The words "city council" or "council" shall mean the city council of the City of Leominster, 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. 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.

Month. The word "month" shall mean a calendar month.

Number, gender. 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. The words "person" and "whoever" shall be construed as including corporations, firms, societies, associations and partnerships as well as individuals.

Preceding, following. The words "preceding" and "following" shall mean the next before and next after, respectively.

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.

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" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

Sec. 1-5. Severability of parts of Revision.

It is hereby declared to be the intention of the council that the sections, paragraphs, sentences, clauses and phrases of this Revision are severable, and if any phrase, clause, sentence, paragraph or section of this Revision shall be declared unconstitutional or otherwise invalid by the valid judgment 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 Revision.

Sec. 1-6. References to laws of the commonwealth.

All references in this Revision and other ordinances of the city 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.

Sec. 1-7. General penalty.

As to penalty for violation of zoning regulations, see § 22-12 of this Revision.

Whoever violates a provision of this Revision shall be liable to a fine not exceeding three hundred dollars for each offense, unless other provision is expressly made by such ordinance or by the laws of the commonwealth.

(R. O. 1960, Ch. 2, § 10; 8-12-85.)

Sec. 1-8. Disposition of fines.

All fines for the violation of any provision of this Revision or other ordinance shall inure to the use of the city and be paid into the city treasury, unless it is otherwise provided therein or by the laws of the commonwealth.

(R. O. 1960, Ch. 2, § 11.)

Sec. 1-9. City Seal.

The following design is hereby established the seal of the City of Leominster and shall be kept in the custody of the city clerk:

GRAPHIC UNAVAILABLE: Click here

(R. O. 1960, Ch. 1, §§ 1, 2.)

Sec. 1-10. Signing and sealing of deeds, leases, etc.

All deeds and other legal instruments made, given or entered into by the city requiring a seal shall be sealed with the city seal and, unless otherwise authorized or required by law, shall be signed, acknowledged and delivered in behalf of the city by the mayor.

(R. O. 1960, Ch. 1, § 3.)

Sec. 1-11. Wards and precincts.

The territory of the city shall be divided into five wards, each containing three voting precincts, established in conformity with section 7-6 of the City Charter and in accordance with state law as follows:

WARD ONE

Ward One Consists of 3 Precincts: 1-A, 1-B, 1-C

Precinct 1-A

Beginning at the centerline intersecting points of Nashua Street and Main Street; northeasterly then northwesterly along the centerline of Main Street to the intersection of Burrage Avenue; southeasterly along the centerline of Burrage Avenue to the intersection of Pierce Street; northeasterly along the centerline of Pierce Street to the intersection of Joslin Street; northwesterly along the centerline of Joslin Street to the intersection of Day Street; northeasterly along the centerline of Day Street to the intersection of Leominster/Lunenburg boundary line; southeasterly along the Leominster/ Lunenburg boundary line to the Leominster/Lunenburg/Lancaster boundary line; southwesterly to the centerline intersection of Route 2; northwesterly along the centerline of Route 2 to the intersection of Nashua Street; northwesterly along the centerline of Nashua Street to the point of beginning.

Precinct 1-B

Beginning at the northerly most point of Leominster at the Leominster/Lunenburg boundary line; southeasterly along the Leominster/Lunenburg boundary line; southeasterly along the Leominster/Lunenburg boundary line to the intersection of Day Street; southwesterly along centerline of Day Street to the intersection of Joslin Street; northwesterly along centerline of Joslin Street to intersection of Lincoln Street; southwesterly along centerline of Lincoln Street to intersection of Main Street; northwesterly along centerline of Main Street to intersection of Starr Street; westerly along centerline of Starr Street to intersection of Morningside Drive; southeasterly then southwesterly along centerline of Morningside Drive to intersection of Atlantic Avenue; northwesterly along the centerline of Atlantic Avenue to intersection of North Street; northwesterly along centerline of North Street to intersection of the Leominster/ Lunenburg boundary line; northeasterly along Leominster/Lunenburg boundary line to point of beginning.

Precinct 1-C

Beginning at the intersection of Leominster/ Fitchburg/Lunenburg boundary line; northeasterly along the Leominster/Lunenburg boundary line to intersection of North Street and Leominster/Lunenburg boundary line; southeasterly along centerline of North Street to intersection of Atlantic Avenue; southeasterly along centerline of Atlantic Avenue to intersection of Morningside Drive; northeasterly then northwesterly along centerline of Morningside Drive to intersection of Starr Street; easterly along centerline of Starr Street to intersection of Main Street; southeasterly along centerline of Main Street to intersection of Lincoln Street; northeasterly along centerline of Lincoln Street to intersection of Joslin Street; southeasterly along centerline of Joslin Street to intersection of Pierce Street; southwesterly along centerline of Pierce Street to intersection of Burrage Avenue; northwesterly along centerline of Burrage Avenue to the intersection of Main Street; southeasterly then southwesterly along Main Street to the intersection of Hamilton Street; northwesterly along centerline of Hamilton Street to the intersection of Fairmont Street; northeasterly along the centerline of Fairmont Street to the intersection of Beacon Street; northwesterly along the centerline of Beacon Street to the intersection of Crawford Street; northeasterly then northwesterly along centerline of Crawford Street to intersection of the Leominster/Fitchburg boundary line; northwesterly then northeasterly then northwesterly along Leominster/Fitchburg boundary line to point of beginning.

WARD TWO

Ward Two Consists of 3 Precincts: 2-A, 2-B, 2-C

Precinct 2-A

Beginning at the intersection of the centerline of Route 2 and the Leominster/Lancaster boundary line; westerly along centerline of Route 2 to the intersection of Mechanic Street; southwesterly then northwesterly along centerline of Mechanic Street to intersection of Fifth Street; northeasterly along centerline of Fifth Street to the intersection of Water Street; northwesterly then southwesterly along centerline of Water Street to intersection of Mechanic Street; northwesterly along centerline of Mechanic Street to the intersection of Main Street; northeasterly along centerline of Main Street to the intersection of Nashua Street; southeasterly along centerline of Nashua Street to the intersection of the centerline of Route 2; southeasterly then easterly along centerline of Route 2 to point of beginning.

Precinct 2-B

Beginning at the intersection of the centerline of Route 2 and the Leominster/Lancaster boundary line; southwesterly along the Leominster/Lancaster boundary line to the intersection of Lancaster Street; northwesterly along the centerline of Lancaster Street to the intersection of New Lancaster Road and the centerline of a brook; northeasterly along the centerline of the brook to the intersection of the centerline of Fall Brook; northwesterly then southwesterly then northwesterly then southwesterly then northwesterly along the centerline of Fall Brook to the intersection of Lancaster Street; northwesterly along the centerline of Lancaster Street to the intersection of Sixth Street; northeasterly along the centerline of Sixth Street to the intersection of Mechanic Street; southeasterly then northeasterly along the centerline of Mechanic Street to the intersection of the centerline of Route 2; easterly along the centerline of Route 2 to the point of beginning.

Precinct 2-C

Beginning at the centerline intersecting points of Mechanic Street and Sixth Street; southwesterly along centerline of Sixth Street to intersection of Lancaster Street; southeasterly along centerline of Lancaster Street to intersection of Marguerite Avenue; southwesterly along centerline of Marguerite Avenue to intersection of railroad tracks; northwesterly along centerline of railroad tracks to the centerline extension intersecting point of Castle Street; southwesterly along centerline of Castle Street to intersection of Lincoln Terrace; northwesterly along centerline of Lincoln Terrace to intersection of Graham Street; southwesterly along centerline of Graham Street to intersection of Central Street; northwesterly along centerline of Central Street to intersection of Mechanic Street; southeasterly along centerline of Mechanic Street to intersection of Water Street; northeasterly then southeasterly along centerline of Water Street to intersection of Fifth Street; southwesterly along centerline of Fifth Street to intersection of Mechanic Street; southeasterly along centerline of Mechanic Street to point of beginning.

WARD THREE

Ward Three Consists of 3 Precincts: 3-A, 3-B, 3-C

Precinct 3-A

Beginning at the centerline intersecting points of Union Street and Graham Street; easterly then northeasterly along the centerline of Graham Street to the intersection of Lincoln Terrace; southeasterly along the centerline of Lincoln Terrace to the intersection of Castle Street; northeasterly along the centerline of Castle Street extending to the centerline intersecting point of the railroad tracks; southeasterly along the centerline of the railroad tracks to the intersection of Marguerite Avenue; northeasterly along the centerline of Marguerite Avenue to the intersection of Lancaster Street; southeasterly along the centerline of Lancaster Street to the centerline intersection of Fall Brook; southeasterly then southwesterly then northeasterly then southeasterly then northeasterly then southeasterly to the centerline intersection of a brook; southwesterly along the centerline of the brook to the intersection of Lancaster Street; southwesterly along the centerline of a brook then southeasterly then southwesterly along the centerline of the brook through the centerline of a pond then southwesterly along the centerline of a brook to the intersection of Central Street; northwesterly along the centerline of Central Street to the centerline intersection of Fall Brook; southwesterly then southerly then southwesterly along the centerline of Fall Brook to the intersection of Litchfield Street; northwesterly along the centerline of Litchfield Street to the intersection of Union Street; northwesterly along the centerline of Union Street to the point of beginning.

Precinct 3-B

Beginning at the southwesterly most point of Leominster at the Leominster/Lancaster/Sterling boundary line; northwesterly along the Leominster/Sterling boundary line to the intersection of Willard Street; northeasterly along the centerline of Willard Street to the intersection of Overlook Drive; northwesterly along the centerline of Overlook Drive to the intersection of Iris Road; northwesterly along the centerline of Iris Road to the intersection of Grant Street; northeasterly then southeasterly along the centerline of Grant Street to the intersection of Central Street; northeasterly along the centerline of Central Street to the centerline intersection of a brook approximately five hundred feet north of the intersection of Grant Street and Central Street; northeasterly then southeasterly then northwesterly then northeasterly along the centerline of the brook to the intersection of the centerline of Lancaster Street; southeasterly along the centerline of Lancaster Street to the intersection of Leominster/Lancaster boundary line; southwesterly along the Leominster/Lancaster boundary line to the point of beginning.

Precinct 3-C

Beginning at the intersection of the centerline of Pleasant Street and the Leominster/Sterling boundary line; northeasterly then northwesterly along the centerline of Pleasant Street to the intersection of Union Street; northeasterly along the centerline of Union Street to the intersection of Comstock Road; northwesterly along the centerline of Comstock Road to the intersection of Birchcroft Road; westerly along the centerline of Birchcroft Road to the intersection of Glenwood Drive; northeasterly along the centerline of Glenwood Drive to the intersection of Birchcroft Road; southeasterly then northeasterly along the centerline of Birchcroft Road to the intersection of Union Street; southerly along the centerline of Union Street to the intersection of Litchfield Street; southeasterly along the centerline of Litchfield Street to the intersection of Fall Brook; northeasterly along the centerline of Fall Brook to the intersection of Central Street; southeasterly along the centerline of Central Street to the intersection of Grant Street; northwesterly then southwesterly along the centerline of Grant Street to the intersection of Iris Road; southeasterly along the centerline of Iris Road to the intersection of Overlook Drive; southeasterly along the centerline of Overlook Drive to the intersection of Willard Street; southwesterly along the centerline of Willard Street to the intersection of the Leominster/Sterling boundary line; northwesterly along the Leominster/Sterling boundary line to the point of beginning.

WARD FOUR

Ward Four Consists of 3 Precincts: 4-A, 4-B, 4-C

Precinct 4-A

Beginning at the intersection of the centerline of Wachusett Street and the Leominster/Sterling boundary line to the intersection of Elm Street; northeasterly along the centerline of Elm Street to the intersection of Hill Street; southeasterly along the centerline of Hill Street to the intersection of Lowe Street; northeasterly along the centerline of Lowe Street to the intersection of Pleasant Street; southeasterly along the centerline of Pleasant Street to the intersection of Manchester Street; easterly along the centerline of Manchester Street to the intersection of Union Street; southeasterly along the centerline of Union Street to the intersection of Birchcroft Road; southwesterly then northwesterly along the centerline of Birchcroft Road to the intersection of Glenwood Drive; southeasterly along the centerline of Glenwood Drive to the intersection of Birchcroft Road; southeasterly along the centerline of Birchcroft Road to the intersection of Comstock Road; southeasterly along the centerline of Comstock Road to the intersection of Union Street; southwesterly along the centerline of Union Street to the intersection of Pleasant Street; southeasterly along the centerline of Pleasant Street to the intersection of Leominster/Sterling boundary line; northwesterly along the Leominster/Sterling boundary line to the point of beginning.

Precinct 4-B

Beginning at the intersection of the centerline of Wachusett Street and the Leominster/Sterling boundary line; northwesterly along the Leominster/Sterling boundary line to the intersection of Leominster/ Sterling/Princeton boundary line; northeasterly then northwesterly then northeasterly along the Leominster/Princeton boundary line to the intersection of Leominster/Princeton/Westminster boundary line; northeasterly along the Leominster/Westminster boundary line to the intersection of Leominster/ Westminster/Fitchburg line; northeasterly along the Leominster/Fitchburg boundary line to the intersection of Route 2; northeasterly then southeasterly then northeasterly along the centerline of Route 2 to the intersection of West Street; southerly then southeasterly along the centerline of West Street to the intersection of Cotton Street; southwesterly to the centerline of Cotton Street to the intersection of the Monoosnoc Brook; northwesterly along the centerline of Monoosnoc Brook to the intersection of Elm Street; southwesterly along the centerline of Elm Street to the point of beginning.

Precinct 4-C

Beginning at the centerline intersecting points of Hill Street and Lowe Street; northwesterly along the centerline of Hill Street to the intersection of Elm Street; northeasterly along the centerline of Elm Street to the intersection of Pond Street; northeasterly along the centerline of Pond Street to the intersection of the centerline of the Monoosnoc Brook; southeasterly along the centerline of the Monoosnoc Brook to the intersection of Cotton Street; northeasterly along the centerline of Cotton Street to the intersection of Pearl Street; southeasterly along the centerline of Pearl Street to the intersection of Pleasant Street; northeasterly along the centerline of Pleasant Street to the intersection of Central Street; southeasterly along the centerline of Central Street to the intersection of Graham Street; westerly along the centerline of Graham Street to the intersection of Union Street; southerly along the centerline of Union Street to the intersection of Manchester Street; westerly along the centerline of Manchester Street to the intersection of Pleasant Street; northerly along the centerline of Pleasant Street to the intersection of Lowe Street; southwesterly along the centerline of Lowe Street to the point of beginning.

WARD FIVE

Ward Five Consists of 3 Precincts: 5-A, 5-B, 5-C

Precinct 5-A

Beginning at the intersection of the centerline of Erdman Way and the Leominster/Fitchburg boundary line; southeasterly then northeasterly then southeasterly then northeasterly to the intersection of Crawford Street; southeasterly along the centerline of Crawford Street to the intersection of Beacon Street; northeasterly then southwesterly along the centerline of Beacon Street to the intersection of Fairmont Street; southeasterly along the centerline of Fairmont Street to the intersection of Hamilton Street; southeasterly along the centerline of Hamilton Street to the intersection of Main Street; southwesterly along the centerline of Main Street to the intersection of Pleasant Street; southwesterly along the centerline of Pleasant Street to the intersection of Pearl Street; northwesterly along the centerline of Pearl Street to the intersection of Cotton Street; northeasterly along the centerline of Cotton Street to the intersection of West Street; northwesterly along the centerline of West Street to the intersection of Orchard Street; northeasterly along the centerline of Orchard Street to the intersection of Walnut Street; northwesterly along the centerline of Walnut Street to the intersection of Arlington Street; northeasterly along the centerline of Arlington Street to the intersection of McKay Street; southeasterly along the centerline of McKay Street to the intersection of Washington Street; northeasterly along the centerline of Washington Street to the intersection of North Main Street; northwesterly along the centerline of North Main Street to the intersection of Erdman Way; northeasterly along the centerline of Erdman Way to the point of beginning.

Precinct 5-B

Beginning at the centerline intersection of Abbott Avenue at the Fitchburg/Leominster boundary line; southeasterly along the centerline of Abbott Avenue to the intersection of Blossom Street; northeasterly along the centerline of Blossom Street to the intersection of Steams Avenue; southeasterly along the centerline of Steams Avenue to the intersection of Arlington Street; southwesterly along the centerline of Arlington Street to the intersection of Walnut Street; southeasterly along the centerline of Walnut Street to the intersection of Orchard Street; southwesterly along the centerline of Orchard Street to the intersection of West Street; northwesterly along the centerline of West Street to the intersection of Leominster/Fitchburg boundary line; northeasterly along the Leominster/Fitchburg boundary line to the point of beginning.

Precinct 5-C

Beginning at the centerline intersecting points of Abbott Avenue and Blossom Street; northwesterly along the centerline of Abbott Avenue to the intersection of the Leominster/Fitchburg boundary line; northeasterly then southeasterly along the Leominster/Fitchburg boundary line to the intersection of Erdman Way; southwesterly along the centerline of Erdman Way to the intersection of North Main Street; southeasterly along the centerline of North Main Street to the intersection of Washington Street; southwesterly along the centerline of Washington Street to the intersection of McKay Street; northwesterly along the centerline of McKay Street to the intersection of Arlington Street; southwesterly along the centerline of Arlington Street to the intersection of Steams Avenue; northwesterly along the centerline of Steams Avenue to the intersection of Blossom Street; southwesterly along the centerline of Blossom Street to the point of beginning.

A map showing said wards and precincts shall be available in the office of the city clerk.

The ordinance codified in this section will become effective December 31, 2001.

(9-23-85; 11-10-86; 11-23-92; 10-22-01.)