CITY OF SPRINGFIELD

639 Pages·2016·3.27 MB·English

by  Wilson, Anthony I.

CITY OF SPRINGFIELD

REVISED ORDINANCES OF 2012

Ordained by the City Council May 21, 2012

As amended through December 31, 2015
Chapter One - GENERAL PROVISIONS
ARTICLE I: Adoption of Code (§ 1-1 — § 1-15)
ARTICLE II: Interpretation (§ 1-16 — § 1-17)
ARTICLE III: Seal and Flag (§ 1-18 — § 1-19)
ARTICLE IV: Ordinances (§ 1-20 — § 1-23)
ARTICLE V: Enforcement and Penalties (§ 1-24 — § 1-25)
ARTICLE VI: Ward Boundaries (§ 1-26 — § 1-34)

§ 1-1. Adoption of Code.
The ordinances of the City of Springfield of a general and permanent nature adopted by
the City Council, as previously consolidated in the 1986 Code of the City of Springfield, and the
ordinances of a general and permanent nature adopted by the City Council subsequent to that
date, all as revised, codified and consolidated into chapters and sections by General Code LLC,
and consisting of Chapters 1 through 417, together with an Appendix, are hereby approved,
adopted, ordained and enacted as the Code of the City of Springfield, hereinafter known and
referred to as the "Code."
§ 1-2. Code supersedes prior ordinances.
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 not affect the
acceptance and adoption of any Act of the Legislature heretofore lawfully accepted and
adopted.
§ 1-3. When effective.
This ordinance shall take effect immediately upon passage and publication according to
law.
§ 1-4. Inclusion of ordinance in Code.
This ordinance shall, upon adoption, be included in the Code as Chapter 1, General
Provisions, Article I, Adoption of Code.
§ 1-5. Copy of Code on file.
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 Springfield 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 Code is in effect.
§ 1-6. Publication; filing.
The Clerk of the City of Springfield, 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.
§ 1-7. Amendments to Code.
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
Springfield" 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 published as amendments and supplements thereto.
§ 1-8. Inclusion of new legislation prior to adoption of Code.
All ordinances of a general and permanent nature adopted subsequent to the date given
in § 1-14A and prior to the effective date of this ordinance given in § 1-3 are hereby deemed to
be part of the Code and shall, upon publication, be included therein.
§ 1-9. Code to be kept up-to-date.
It shall be the duty of the Clerk, or someone authorized and directed by him or her, to
keep up-to-date the certified copy of the Code required to be filed in his or 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
published as supplements to said Code book, at which time such supplements shall be inserted
therein.
§ 1-10. Sale of Code; supplementation.
Copies of the Code book containing the Code may be purchased from the Clerk upon the
payment of a fee to be set by the City Council, which may also arrange for procedures for the
periodic supplementation thereof.
§ 1-11. Altering or tampering with Code; penalties for violation.
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 Springfield to be misrepresented thereby.
Anyone violating this section of this ordinance shall be subject, upon conviction, to a penalty as
set forth in Article V of this chapter.
§ 1-12. Severability.
A. Severability of Code provisions. Each section of the Code, and every part of each section,
is an independent section or part of a section, and the holding of any section or a part
thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to
affect the validity or constitutionality of any other sections or parts thereof.

B. Severability of ordinance provisions. Each section of this ordinance is an independent
section, and the holding of any section or part thereof to be unconstitutional, void or
ineffective for any cause shall not be deemed to affect the validity or constitutionality of
any other sections or parts thereof.
§ 1-13. Repeal of inconsistent ordinances.
All ordinances of a general and permanent nature of the City of Springfield in force on
the date of the adoption of this ordinance which are inconsistent with any provisions of the
Code and not contained herein or recognized and continued in force by reference therein are
hereby repealed from and after the effective date of this ordinance; provided, however, that
such repeal shall not in any way revive any ordinance hereto repealed or superseded, nor any
office heretofore abolished. All persons who, at the time when such repeal takes effect, hold
any office under any of the ordinances repealed shall continue to hold the same according to
the tenure thereof, except those offices which have been abolished, and those as to which a
different provision has been lawfully made.
§ 1-14. Ordinances saved from repeal.
The adoption of this Code and the repeal of ordinances provided for in § 1-13 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 January 1, 2010.

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 compensation.

L. Any ordinance relating to traffic or parking.

M. Any ordinance establishing or amending the Salary Schedule.

N. Any zoning ordinance or ordinance amending the Zoning Map.

O. Any subdivision regulations or amendments thereto.
§ 1-15. Changes in previously adopted ordinances.
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 City 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.
Article II. Interpretation
§ 1-16. Rules of construction.
In the construction of the revised ordinances, and of all other ordinances of the City, the
following rules shall be observed, unless such construction would be inconsistent with the
manifest intent of the Council:
A. "City" shall be construed as if the words "of Springfield" followed.

B. Computation of time. Whenever a notice is required to be given or an act to be
done a certain length of time before any proceeding shall be had, the day on
which such notice is given, or such act is done, shall be counted in computing
the time, but the day on which such proceeding is to be had shall not be
counted.

C. "Council" means the City Council.

D. "County" means the County of Hampden, Commonwealth of Massachusetts.

E. Gender. A word importing the masculine gender only shall extend and be
applied to females and to firms, partnerships and corporations as well as to
males.

F. "Law" denotes applicable federal law, the Constitution, statutes and regulations
of the Commonwealth of Massachusetts, the ordinances of the City of
Springfield and, when appropriate, any and all rules and regulations which may
be promulgated thereunder.

G. "May" is permissive.

H. "Month" means a calendar month.

I. "Must" and "shall" are each mandatory.

J. Number. A word importing the singular number only may extend and be applied
to several persons and things as well as to one person and thing.

K. "Oath" includes an affirmation in all cases in which, by law, an affirmation may
be substituted for an oath, and in such case the words "swear" and "sworn"
shall be equivalent to the words "affirm" and "affirmed."

L. "Or" may be read "and," and "and" may be read "or," if the sense requires it.
M. "Owner," as applied to a building or land, includes any part owner, joint owner,
tenant in common, joint tenant or tenant by the entirety of the whole or of a
part of such building or land.

N. "Person" extends and is applied to associations, firms, partnerships and bodies
politic and corporate as well as to individuals.

O. "Personal property" includes money, goods, chattels, things in action and
evidences of debt.

P. "Preceding" and "following" mean next before and the next after, respectively.

Q. "Property" includes real and personal property.

R. "Real property" includes lands, tenements and hereditaments.

S. "Sidewalk" means that portion of a street between the curbline and the
adjacent property line improved for the use of pedestrians.

T. "Street" is construed to embrace streets, avenues, boulevards, roads, alleys,
lanes, viaducts and all other public highways in the City.

U. "Tenant" or "occupant," applied to a building or land, includes any person
holding a written or oral lease or who occupies the whole or part of such
building or land, either alone or with others.

V. Time. Words used in the past or present tense include the future as well as the
past and present.

W. "Written" or "in writing" includes any representation of words, letters or figures,
whether by printing or otherwise.
§ 1-17. Catchlines of sections.
The catchlines of the several sections of the revised ordinances printed in boldface 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 reenacted.
Article III. Seal and Flag
§ 1-18. City Seal.
A. Generally. The design annexed on this page, as executed by Richard Paine, shall be the
device of the City Seal, the inscription being as follows: "Springfield, organized a town May
14, 1636, O.S., a City May 25, 1852."

B. Custodian. The City Clerk shall be the custodian of the City Seal.
§ 1-19. City flag.
The City adopts by this section a City flag in details as follows:
A. Such flag shall have an inner blue field bordered with gold and set in an outer white field.

B. In the center of the blue field, on both the front and reverse thereof, shall be a white shield
bordered with gold.

C. Arched above the shield and set in the blue field shall be a scroll in gold bearing the
inscription "Springfield."

D. Upon the seal shall be a likeness in gold of the St. Gaudens statue of Deacon Samuel Chapin.

E. Within the shield and below on both sides flanking said likeness shall be a scroll in gold
bearing the inscription "A Town May 14, 1636 O.S. Organized A City May 25, 1852," all in
substantial conformity with the design executed by Charles H. Restall and filed in the office
of the City Clerk.
Article IV. Ordinances
§ 1-20. Defined; style of enactment.
All bylaws passed by the City Council shall be termed "ordinances," and the enacting
style shall be: "Be it ordained by the City Council of the City of Springfield, as follows: . . ."
§ 1-21. Recordation.
A. All ordinances which shall be passed by the City Council shall be endorsed or recorded by
the City Clerk, in a fair, legible hand, or by such other electrical or mechanical printing device
as the City Clerk authorizes, in the order in which they shall pass to be ordained, in a book to
be kept for that purpose.

B. This section shall be deemed to be complied with, however, insofar as a revision of the
ordinances of the City which is published in book form is concerned, if the City Clerk certifies
on a bound copy of such revision that it is the official record copy of such revised ordinances
and if he files such official record copy with the ordinance record books in the City Clerk's
office.
§ 1-22. Publication.
All the ordinances of the City Council shall be published by causing the same to be
inserted in such newspaper printed and published in the City as the City Council by order directs.
§ 1-23. Effective date.
Every ordinance which does not expressly prescribe the time when it shall go into
operation shall take effect 20 days from and after its passage.
Article V. Enforcement and Penalties
§ 1-24. Criminal complaint and penalty.
Any person violating any chapter or section of the revised ordinances may be penalized
by indictment or on complaint brought in the District Court. Except as may otherwise be
provided by law or a specific penalty enumerated in the ordinance, the maximum penalty for
each violation, or offense, brought in such manner shall be $300.
§ 1-25. Noncriminal disposition and penalties.
Any person who violates any of the provisions of the revised ordinances which are
enumerated in this section may be penalized by a noncriminal disposition as provided in MGL c.
40, § 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 specific penalty.
Without intending to limit the generality of the foregoing, it is the intention of this provision
that the following ordinances are to be included within the scope of this section, that the
specific penalties as listed herein shall apply in such cases and that, in addition to police officers,
who shall in all cases be considered enforcing persons for the purpose of this provision, the
municipal personnel listed for each section, if any, shall also be enforcing persons for such
sections. Each day on which any violation exists shall be deemed to be a separate offense.

Ordinance Violation Enforcement Penalty
§ 140-1 State Building Code Building Inspectors $25 - $1000 per day
Violation
§ 140-2 State Sanitary Code Housing Code $25 - $300 per day
Violation Enforcement
§ 140-4 State Plumbers and Gas Building Inspectors $25 - $300 per day
Fitters Code Violation
§ 140-5 State Electrical Code Building Inspectors $25 - $300 per day
Violation
§ 140-6 State Fire Safety Code Fire Department $25 - $300 per day
Violation Inspectors
§ 140-7 State Lead Poisoning Housing Code $25 - $300 per day
and Control Code Enforcement
Violation
§ 322-1 Removal of snow from Fire Department $25
sidewalks and hydrants
§ 327-7 Placement of containers Housing Code $50
for ashes and rubbish Inspectors
§ 327-14 Unregistered motor Housing Code $50
vehicle on premises Enforcement
Rules and regulations of This ordinance may be $50
the Board of Park enforced by the
Commissioners: any Superintendent, all
rule or regulation deputies, all assistant
deputy
superintendents, the
five unpaid Park
Commissioners, and
such park wardens as
may be designated by
the Mayor from time to
time. The authority of
the enforcing person
shall extend only to the
actual property under
the jurisdiction of the
Park Department.
Any violation of the These zoning $50
provisions of the Zoning ordinances may be
Ordinances of the City enforced by the
of Springfield, as Commissioner of Code
amended, including any Enforcement, any
condition attached to a Assistant Commissioner
special permit or to a of Code Enforcement,
Board of Appeals Building Inspectors,
decision Housing Inspectors or a
Zoning Administrator.
Zoning Ordinance, Building Inspectors $50
Section 2005(8),
Conditions attached to
special permit
approvals