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(A) Applications; qualifications. There shall be granted by the Boston City Council “Family Use” Shellfish Permits and “Commercial Use” Shellfish Permits. A “Family Use” Shellfish Permit may be granted upon written application by any inhabitant of the commonwealth; but a “Commercial Use” Shellfish Permit shall be granted only upon written application by an inhabitant of the city who shall have been such for not less than one year next preceding the making of such application; provided, however, that, at such times as the Boston City Council shall deem the number of “Commercial Use” Shellfish Permits so granted to be insufficient for the proper working of the shellfish areas in the city, a “Commercial Use” Shellfish Permit may be granted upon the written application by any inhabitant of the commonwealth. No application for a “Family Use”, or for a “Commercial Use” Shellfish Permit shall be denied except for good cause.
(B) Conditions of permit. Every “Family Use”, and every “Commercial Use” Shellfish Permit, shall be upon the following conditions:
(1) The permit shall not be transferable;
(2) The permit shall expire in accordance with law and, prior to such expiration, may be terminated by revocation in accordance with law;
(3) The holder thereof shall at all times conform to all applicable statutes, ordinances, rules and regulations;
(4) The holder thereof shall not take shellfish from any area determined under M.G.L. Chapter 130, Section 74 to be contaminated except in accordance with a permit granted under M.G.L. Chapter 130, Section 75; and
(5) The holder thereof shall at no time during the period in any year beginning May 15 and ending September 15 take any shellfish from a beach area.
(C) Revocation of permit; transferability. Any “Family Use” or “Commercial Use” Shellfish Permit may, at any time, after due notice and hearing, be revoked by the Boston City Council for any breach of condition or other good cause. No “Family Use” or “Commercial Use” Shellfish Permit shall be transferable. All such permits, unless sooner revoked, shall be valid for the calendar year in which issued.
(D) Area permitted. Any inhabitant of the commonwealth holding a “Family Use” Shellfish Permit granted under division (A) above may take, for his or her own family use, shellfish from the following area in the city, to wit; the flatland coastal waters lying within the territorial limits of the city and easterly of a line drawn from Wind Mill Point in the Town of Hull to the southeasterly point of Deer Island and through Deer Island to Point Shirley, except the shores of Lovell’s, Gallup’s and George’s Island; provided, however, that no shellfish shall be taken from said area of a size or at a season prohibited by law; and provided, further, that the amount taken for any family shall not exceed in any one week one bushel of any or all kinds of shellfish; and provided, further, that no shellfish shall be taken from so much of said area as shall, from time to time, be determined under M.G.L. Chapter 130, Section 74 to be contaminated except in accordance with a permit granted under M.G.L. Chapter 130, Section 75.
(E) Commercial use prohibited area. Except as otherwise provided in division (D) above, no person shall take any kind of shellfish within the city unless he or she holds a “Commercial Use” Shellfish Permit granted under division (A) above. No shellfish shall be taken for commercial purposes from the area described in division (D) above.
(F) Permits referred to Clerk of Committees. Every application for a permit under this Section shall be referred to the Clerk of Committees of the Boston City Council who shall cause the same to be placed upon the agenda of the Council meeting next following with a report recommending that a permit be granted, unless the Clerk believes that the application contains a false statement, or that concerns of the public good require another action be taken, in either of which event he or she shall make report to the Council together with his or her recommendations.
(CBC 1975 Ord. T14 § 273; Ord. 1979 c. 5; Ord. 1981 c. 16, s. 1; CBC 1985 16-4.1)
No person shall, in or near a wetland, perform any act which requires a permit under the provisions of M.G.L. Chapter 131, Section 40 and regulations issued thereunder except pursuant to a permit issued by the Conservation Commission, which permit shall be prominently displayed at the site of said activity. In addition to those persons authorized to enforce this Subsection under Subsection 16-32.4, this Subsection shall be enforced by such persons as the Conservation Commission may designate.
(CBC 1985 16-4A; Ord. 1988 c. 15 § 2) Penalty, see Subsection 16-32.6
No person shall fire or discharge a cannon, gun, fowling-piece or firearm, within the limits of the city, except at a military exercise or review authorized by the military authority of the commonwealth or by the Boston City Council or Mayor of the city, or in the lawful defense of the person, family or property of a citizen; provided, however, that this prohibition shall not apply to persons engaged in target practice on a range or other premises licensed to be used for such purpose by the Boston City Council.
(CBC 1975 Ord. T14 § 274; CBC 1985 16-5.1)
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMISSIONER. The Commissioner of the Boston Police Department, or his or her designee.
DEPARTMENT. The Boston Police Department.
MARKET. To display for sale.
REPLICA FIREARM. Any toy, imitation or facsimile pistol, revolver, shotgun, rifle, air rifle, BB gun, pellet gun, machine gun or other similar simulated weapon which because of its color, size, shape or other characteristics, can reasonably be perceived to be a real firearm from which a shot or bullet can be fired and which, pursuant to Subsection 16-5A.4, has been determined to pose a threat to public safety.
SELL. To exchange or deliver.
(1) For money or its equivalent; or
(2) As a promotion or an inducement to buy.
(Ord. 1988 c. 1 § 1 [A]; CBC 1985 16-5A.1)
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