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City of Boston Municipal Code
CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
16-A1 LICENSE AND PERMIT DENIAL, REVOCATION OR SUSPENSION.
16-A1.1 Failure and/or Refusal to Pay Municipal Charges.
16-A1.2 Safety Concerns and History.
16-A2 FINGERPRINTING AND CRIMINAL HISTORY RECORDS CHECKS REQUIRED FOR CERTAIN LICENSES
16-1 HEALTH.
16-2 HAWKERS AND PEDDLERS.
16-3 RESERVED.
16-4 TAKING OF SHELLFISH.
16-4A PROHIBITED ACTS IN WETLANDS; PERMITS.
16-5 FIREARMS.
16-5A REGULATING THE SALE AND MARKETING OF REPLICA FIREARMS IN THE CITY.
16-5B REGULATING REPLICA FIREARMS IN THE CITY.
16-6 BONFIRES.
16-7 BRICK-KILNS.
16-8 INFLAMMABLE ARTICLES.
16-9 OBSTRUCTION OF FIRE FIGHTERS AND FIRE APPARATUS.
16-10 THE MARKET LIMITS.
16-11 FANEUIL HALL MARKET LIMITS.
16-12 USE OF STREETS.
16-13 BRIDGES AND WHARVES.
16-14 RESERVED.
16-15 USE OF ROADWAY FOR VEHICLES.
16-16 STREET CARS.
16-17 MOVING BUILDINGS AND BULKY MACHINERY.
16-18 SIDEWALKS.
16-19 PUBLIC GROUNDS.
16-20 WATER SUPPLY.
16-21 WARD-ROOMS; FANEUIL HALL.
16-22 NUMBERING OF BUILDINGS.
16-23 NOTICES AND PLACARDS.
16-24 JUNK AND SECOND-HAND ARTICLES.
16-25 OBSCENE AND PORNOGRAPHIC MATERIAL.
16-26 UNREASONABLE NOISE.
16-27 NUISANCE CONTROL.
16-28 JITNEY LICENSES.
16-29 OPEN-AIR THEATERS.
16-30 ABANDONMENT OF AUTOMOBILES.
16-31 RODENT AND INSECT PREVENTION MEASURES AT CONSTRUCTION SITES.
16-32 FINES.
16-33 SIGNS, AWNINGS AND THE LIKE.
16-34 UNLAWFUL TO TAKE REPRISAL AGAINST ANY INDIVIDUAL WHO TESTIFIES BEFORE THE BOSTON CITY COUNCIL.
16-35 WORKPLACE SMOKING POLLUTION CONTROL ORDINANCE.
16-36 CIGARETTE SALES BY VENDING MACHINES RESTRICTED.
16-37 NON-EMERGENCY REPAIR OF VEHICLES.
16-38 PLACEMENT AND MAINTENANCE OF NEWSRACKS.
16-39 SALE OF DANGEROUS INSTRUMENTS.
16-40 LIMITING TOBACCO ACCESS BY YOUTH.
16-41 REGULATING MANNER AND PLACE OF SOLICITATION.
16-42 LASER POINTERS.
16-43 TRESPASSING ON PRIVATE PROPERTY.
16-44 SALE OF MERCURY THERMOMETERS BANNED.
16-45 PROHIBITING THE CARRYING OF KNIVES OR SIMILAR WEAPONS.
16-46 NONCRIMINAL DISPOSITION OF ZONING VIOLATIONS IN THE CITY.
16-47 PROHIBITING THE SALE AND/OR INSTALLATION OF A MUFFLER CUT-OUT OR BY-PASS AND PROHIBITING CERTAIN MODIFICATIONS TO EXHAUST SYSTEMS.
16-48 BOAT SLIPS AND MOORINGS.
16-49 IDENTIFYING JACKETS FOR VALET PARKERS.
16-50 AFTER-HOURS PARTIES.
16-51 CRACK PIPES.
16-52 MAINTENANCE OF VACANT, FORECLOSING RESIDENTIAL PROPERTIES.
16-53 CLEANING OF COMMERCIAL COOKING HOOD AND VENTILATION SYSTEMS.
16-54 PROHIBITION AGAINST SALVIA DIVINORUM.
16-55 UNPAID MUNICIPAL FINES.
16-56 PENALTIES FOR VALID COMPLAINT PROBLEM PROPERTIES.
16-57 PUBLIC NUISANCE PROPERTIES.
16-58 OVER-THE-AIR DEVICES (“OTARD”).
16-59 PROHIBITION OF THE POSSESSION OR SALE OF SYNTHETIC CANNABINOIDS AND ILLICIT SYNTHETIC DRUGS.
16-60 RECREATIONAL VEHICLES.
16-61 REGULATION OF LETTER GRADING OF FOOD ESTABLISHMENTS AND FOOD TRUCKS.
16-62 ORDINANCE BANNING FACE SURVEILLANCE TECHNOLOGY IN BOSTON.
16-63 ORDINANCE ON SURVEILLANCE OVERSIGHT AND INFORMATION SHARING
16-64 AN ORDINANCE REGARDING TARGETED RESIDENTIAL PICKETING.
16-65 SAFE CONSTRUCTION AND DEMOLITION OPERATIONS IN THE CITY.
16-66 UNLAWFUL CAMPING ON PUBLIC PROPERTY.
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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16-1.9E   Reserved.
   [Reserved]
   (CBC 1985 16-1.9E; Ord. 2004 c. 4 § 1; Repealed by Ord. 2014 c. 15 § 11)
16-1.9F   Leasing of Licensed Dogs.
16-1.9F.1   Purpose.
   (A)   The purpose of dog licensing is to foster owner accountability by ensuring that each dog is traceable to its owner. By requiring a dog to be licensed, liability for a dog’s actions can easily be established and owners are responsible for ensuring the safety of the pet and others. This is especially important given that M.G.L. Chapter 140, Section 155 imposes strict liability upon the owner or keeper of a dog that causes bodily harm or property damage. Pursuant to M.G.L. Chapter 140, Section 173 and in order to advance the purposes of dog owner accountability, the city has the power to further regulate dog licensing. It is the intent of this Section to protect and preserve public health, safety and wellness by prohibiting the leasing of licensed dogs. The city has a duty to monitor and regulate dog ownership via licensure. Allowing a licensed dog to be rented would create instability and uncertainty regarding the care and treatment of the animal, presumably resulting in aggressive and vicious conduct towards the lessee and public.
   (B)   The Animal Care and Control Unit shall have the authority to promulgate rules and regulations necessary to enforce this Subsection.
(CBC 1985 16-1.9F.1; Ord. 2008 c. 6 § 2; Ord. 2019 c. 4 §§ 7, 8)
16-1.9F.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   KEEPERSHIP. Harboring an animal with an assumption of custody, management and control of the animal.
   LEASING. Does not include the following: temporary conveyance of Police dogs or service animals; temporary conveyance of a dog to a research institution licensed under M.G.L. Chapter 140, Section 174D for medical or scientific purposes; temporary conveyance of a dog to a veterinarian or entity licensed under M.G.L. Chapter 112, Section 55 for medical purposes; temporary conveyance of a dog to a kennel licensed under M.G.L. Chapter 140, Section 137A for the purposes of breeding, boarding, sale, training or hunting; conveyance of a dog by a pet business, as defined in Section 1, with the intent to permanently transfer title of the dog at the time of conveyance; or temporary conveyance of a dog by a pet shelter for the purposes of animal foster care or adoptions services only; or temporary conveyance of a dog to a professional trainer/handler.
   LEASING/RENTING. Offering, or entering into, an agreement by which an owner or keeper of a licensed dog receives a fee in exchange for conveying the temporary right of keepership of a licensed dog.
   PET BUSINESS. Anyone engaged in a business licensed under M.G.L. Chapter 129.
   PET SHELTER. A public animal control facility, or any facility which is operated by any organization or individual for the purpose of protecting animals from cruelty, neglect or abuse.
   POLICE DOG. Any dog owned by Police Departments or Police Agencies of the commonwealth or any of its political subdivisions when such dogs are under the direct supervision, care and control of a Police Officer.
   PROFESSIONAL HANDLER/TRAINER. Any person engaged in the breeding, training and/or showing of another’s dog for either of the following purposes:
      (1)   Entering the dog in a show or exhibition; or
      (2)   Employing the dog in the entertainment field.
   SERVICE ANIMAL. Any guide dog, signal dog or other animal individually trained to do work or perform for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, altering individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair or fetching dropped items pursuant to 28 C.F.R. § 36.104.
(CBC 1985 16-1.9F.2; Ord. 2008 c. 6 § 2)
16-1.9F.3   Prohibition.
   Pursuant to M.G.L. Chapter 140, Sections 137 and 173 and Subsection 16-1.9C, no licensed dog shall be leased or rented in the city.
(CBC 1985 16-1.9F.3; Ord. 2008 c. 6 § 2; Ord. 2019 c. 4 § 9)
16-1.9F.4   Enforcement.
   The Boston Police Department and/or the Animal Care and Control Unit of the Parks and Recreation Department shall have the authority to enforce all violations of these Sections.
(CBC 1985 16-1.9F.4; Ord. 2008 c. 6 § 2; Ord. 2014 c. 15 § 12; Ord. 2019 c. 4 § 10)
16-1.9F.5   Fines.
   Any person or entity, except as provided by law, who rents or leases a dog in violation of Subsection 16-1.9F and M.G.L. Chapter 272, Section 80I shall be fined $300 for the first violation, $500 for the second violation and $1,000 for subsequent violations. Each dog for lease or rent is a violation of Subsection 16-1.9F.3. Any dog held in violation of these Sections shall be seized or impounded by an organization or authorized agent thereof that is authorized to seize or impound an animal pursuant to the M.G.L. Any seizure or impoundment shall be governed by the general laws regulating the seizure of animals, including, but not limited to, M.G.L. Chapter 272, Section 104.
(CBC 1985 16-1.9F.5; Ord. 2008 c. 6 § 2; Ord. 2014 c. 15 § 13)
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