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(A) The Commissioner shall identify those replica firearms which he or she deems to pose a threat to public safety and shall make a list thereof. Such list shall include, where available, the following information: the product name, the manufacturer and the model number. The Commissioner shall post the list in the Department and shall make available copies thereof to the general public. The Commissioner shall update the list, from time to time, as he or she deems warranted. Any individual may provide information to the Commissioner regarding replica firearms to be added to the list.
(B) Any person who observes the sale or marketing of a replica firearm which he or she believes to be a violation of this Section may register a written or oral complaint with the Department. A Boston Police Officer, in response to each complaint, shall investigate the complaint forthwith in person and determine whether there is such a violation.
(C) Any Boston Police Officer who observes the sale or marketing of a replica firearm which he or she believes to be a violation of this Section shall investigate forthwith and determine whether there is such a violation.
(D) (1) If a Boston Police Officer determines that there is a violation of this Section, he or she shall order the individual or entity to remove immediately from sale or marketing all the replica firearms found to be in violation. In addition, the Department shall impose the following penalties on the individual or entity violating the Section:
(a) A written citation or warning for the first violation;
(b) A $100 fine for the second violation; and
(c) A $200 fine for the second and any subsequent violations.
(2) For purposes of penalties to be imposed under this Section, if a Boston Police Officer determines that a sale or marketing of replica firearms has occurred, that determination shall constitute one violation, regardless of the number of replica firearms involved. A Boston Police Officer shall return, unannounced, to the site of the violation within the 30-day period following the determination of a violation to ensure that the individual or entity has not resumed the sale or marketing of replica firearms.
(CBC 1985 16-5A.4; Ord. 1988 c. 1 § 1 [D])
Any individual who is aggrieved by an action taken by a Boston Police Officer under this Section may, within ten days of such action, file an appeal, in writing, to the Commissioner. After notice to such individual, the Commissioner shall hold a hearing, after which he or she shall issue a decision in which he or she affirms, annuls or modifies an action taken by a Boston Police Officer, giving his or her reasons therefor. The Commissioner shall send the decision to the individual by first class mail within ten days after the hearing. The decision shall be a final administrative decision. The individual shall have 30 days from the date of the written decision to seek judicial review in the Suffolk County Superior Court.
(CBC 1985 16-5A.5; Ord. 1988 c. 1 § 1 [E])
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