NOTICE: THIS COPY OF THE TOWN BY-LAWS IS POSTED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT AN OFFICIAL COPY OF THE TOWN BY-LAWS. AS SUCH, NO PARTY SHOULD MAKE ASSERTIONS OR DECISIONS BASED ON INFORMATION CONTAINED HEREIN NOR SHOULD ANY PARTY HOLD THIS INFORMATION AS THE OFFICIAL RECORD OF THE TOWN. CERTIFIED COPIES OF THE TOWN BY-LAWS ARE AVAILABLE FROM THE TOWN CLERK.
CHAPTER IGENERAL
1-1 SHORT TITLE.
This book shall be known and may be cited as The Revised General Bylaws of the Town of Essex, 1992, and is herein referred to as the revision.
1-2 DEFINITIONS. For the purpose of this revision, and in the interpretation and applications of all other bylaws heretofore or hereafter adopted, except as the context may otherwise require:
"Selectmen" shall mean the Board of Selectmen of the town.
"Bylaw" shall mean any act of local legislation heretofore or hereafter adopted, and including this revision, so long as it is adopted by the procedure required for the adoption of a bylaw and so long as it remains in force and effect pursuant to law.
"Clerk" or "town clerk" shall mean the municipal clerk duly elected pursuant to law.
"Person" shall mean any individual, natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations or unincorporated groups; or any officers, agents, employees, servants, factors or any kind of personal representatives of any thereof in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law.
"Town" shall mean the Town of Essex in the State of Massachusetts.
"Street" shall include a street, avenue, road, alley, land, highway, boulevard, concourse, driveway, culvert, sidewalk, and crosswalk, and every class road, square, place or municipal parking field used by the general public.
"Month" shall mean a calender month unless otherwise specifically
provided.
"Year" shall mean a calender year unless otherwise specifically provided.
"Licensed" shall mean licensed in accordance with the appropriate section or chapter of this revision.
1-3 CONSTRUCTION
For the purpose of this revision and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require.
The present tense includes the past and future tenses and the future, the present.
The Masculine gender includes the female and neuter. The singular number includes the plural and the plural, the singular.
"Shall" is mandatory and "may" is permissive.
The time within which an act is to be done shall be computed by excluding the first and including the last day and if the last day be a Sunday, a legal holiday or a day on which the officers of the town are closed, that day shall be excluded.
"Writing" and "written" shall include printing, typewriting and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.
Whenever a specific time is used in this revision, it shall mean the prevailing and established time in effect in the State of Massachusetts any day in any year.
Any citation of a statue, law or bylaw contained in this revision shall be deemed to refer to such statue, law or bylaw as amended, whether or not such designation is included in the citation.
"Chapter" shall mean one of the major divisions of the revision identified by a Roman numeral and divided by subject matter. "Section" shall mean a major subdivision of a chapter. "Subsection" shall mean a subdivision of a section, identified by a decimal number.
"Paragraph" shall mean a subdivision under a subsection, identified by an alphabetical letter or Arabic number.
1-4 SEVERABILITY
If any chapter, section, subsection or paragraph of this revision is declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining chapters, sections, subsections or paragraphs of this revision.
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