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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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16-7   BRICK-KILNS.
16-7.1   Permits Required.
   No person shall erect, make or fire, or cause to be erected, made or fired, within the city, a brick-kiln or lime-kiln, except in accordance with a permit from the Fire Commissioner.
(CBC 1975 Ord. T14 § 276; CBC 1985 16-7.1)
16-8   INFLAMMABLE ARTICLES.
16-8.1   Defined; Age and Marking Requirements.
   No article fabricated from cellulose nitrate or other similarly inflammable substance shall be sold to any person under age 16 nor shall any such article be sold to any person over said age unless conspicuously marked with the words “HIGHLY INFLAMMABLE - KEEP AWAY FROM FLAME” in letters of boldface type not less than inch in height.
(CBC 1975 Ord. T14 § 277; CBC 1985 16-8.1) Penalty, see Subsection 16-32.6
16-8.2   Sale of Certain Paints and Markers.
   No person shall within the city sell, display, expose or keep for sale any aerosol spray paint can, nor any marker containing a fluid which is not water-soluble and which has a point, brush, applicator or other writing surface in excess of ½ inch, unless at the point of display or sale there is posted a sign with letters not less than 1½ inches in height bearing the following words: “SALE OF SPRAY PAINT AND BROAD INDELIBLE MARKERS TO PERSONS UNDER EIGHTEEN AND THE UNLAWFUL PURCHASE OR POSSESSION OF PAINTS AND SUCH MARKERS BY PERSONS UNDER EIGHTEEN IS PUNISHABLE BY A THREE HUNDRED DOLLAR FINE”, nor shall any person sell or deliver any aerosol spray paint, nor any marker containing a fluid which is not water-soluble and which has a point, brush, applicator or other writing surface in excess of ½ inch to any person under 18 years of age or to any person of whatever age who refuses to submit for inspection if requested a driver’s license, liquor purchase identification or other identification to establish the age of such person, nor shall any person being under the age of 18 purchase, conceal or remove from the premises such items; providing that nothing herein shall prevent the parent, guardian, employer or teacher of such a minor person from delivering such items to a minor intending the same to be lawfully used.
(CBC 1985 16-8.2; Ord. 1986 c. 10 § 2; Ord. 1994 c. 14 § 1)
16-8.3   Display of Certain Paints and Markers.
   (A)   Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol spray paint or any marker containing a fluid which is not water-soluble and which has a point, brush, applicator or other writing surface in excess of ½ inch shall store or cause such aerosol spray paint or markers to be stored in an area continuously observable by employees of said retail commercial establishment during the regular course of business.
   (B)   In the event a commercial retail establishment is unable to store such aerosol spray paint or markers in an area as provided in this Section, as an alternative such aerosol spray paint or markers, shall be stored in an area not accessible to the public in the regular course of business without employee assistance, pending the lawful sale or disposition of such aerosol spray paint or markers.
(CBC 1985 16-8.3; Ord. 1994 c. 14 § 3)
16-8.4   Prohibiting Defacement of Property, and Possession of Certain Items.
   (A)   No person shall, in or upon any public way, street, alley, park, playground, school, public building, public structure, wall, fence, post, sign, rock, monument, gravestone, tablet, public motor vehicle or other public place or property within the city nor in or upon any private estate within the city, without the permission of the owner or person in charge thereof having first been obtained, nor in any way or manner otherwise prohibited paint, mark, scratch, etch, inscribe, injure, mar, destroy, tag, affix/apply a sticker to or in any way deface such place or property. No person under 18 years of age, without such permission, shall carry or use:
      (1)   Paint of any type; or
      (2)   A non-water-soluble marker with a point, brush or applicator with a width exceeding ½ inch.
   (B)   Each and every painting, mark, scratch, etching, inscription, injury, mar, destruction, tag, sticker or defacement shall be considered a separate and distinct violation of this Section. Each and every violation of this Section shall be punished by a fine in the amount of $300.
(CBC 1975 Ord. T14 § 258; CBC 1985 16-8.5; Ord. 1986 c. 10 § 1; Recodified by Ord. 1991 c. 5 § 10; Ord. 1994 c. 14 § 2; Ord. 2007 c. 2 §§ 1, 2)
16-8.5   Graffiti Removal.
   (A)   Purpose. These Sections require property owners to remove graffiti from their property within 30 days of knowledge of the graffiti. The city currently provides a “Graffiti Busters” Program wherein the city, at its expense, removes graffiti from public places and privately owned properties upon written request. In order to afford some property owners an opportunity to share the costs associated with the remediation of this form of vandalism, a property owner may substitute participation in the Graffiti Busters Program for his or her removal of local graffiti in order to satisfy the requirements of this Section. This Section does not seek to punish victims of graffiti; instead, it seeks to remove the blight of tagging from the city and encourages victims of graffiti to use the city’s Graffiti Busters Program.
   (B)   Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CITY. The City of Boston.
      GRAFFITI. The intentional painting, marking, scratching, coloring, tagging or other defacement of any public or private property without the prior written consent of the owner.
      GRAFFITI BUSTERS. An initiative of the Property Management Department of the city to remove graffiti.
      OWNER. Any person who owns, manages or controls any land, structure, fixture or personal property (including, but not limited to, dumpsters).
      PERSON. Any individual, business or entity.
   (C)   Removal of graffiti. Each and every owner shall remove graffiti from real and personal property within 30 calendar days of the time the owner knows or reasonably should have known, either directly or through an owner’s agent, of the presence of graffiti.
   (D)   Substitution and exemption. 
      (1)   The city currently provides a Graffiti Busters program wherein the city, at its expense, removes graffiti from public spaces and from privately owned properties upon request. An owner may satisfy the owner’s requirements under this Section through participation in Graffiti Busters; provided that the owner satisfies all of the requirements of the program.
      (2)   An owner may be exempt from the requirement to remove graffiti under this Section upon demonstration that:
         (a)   Graffiti Busters is no longer in operation; and
         (b)   The owner lacks the financial capacity to remove the graffiti.
   (E)   Enforcement and penalties. The Inspectional Services Department, the Public Works Department and the Boston Police Department shall have the authority to enforce the provisions of this Subsection. Unless otherwise specified in these Sections, a violation of this Subsection may be subject to a fine of $100 for the first offense and $200 for any second and/or subsequent offense. The provisions of M.G.L. Chapter 40, Section 21D may be used to enforce this Section.
   (F)   Applicability. If any provision of this Section imposes greater restrictions or obligations than those imposed by any other general law, special law, regulation, rule, ordinance, order or policy then the provisions of this Section shall control.
   (G)   Regulatory authority. The Boston Police Department, the Property Management Department and the Inspectional Services Department shall have the authority to promulgate rules and regulations necessary to implement and enforce this Section.
   (H)   Severability. If any provision of this Section shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
   (I)   Implementation. The provisions of this Section shall be effective immediately upon passage and all provisions shall be enforced immediately but no monetary fine shall be imposed pursuant hereto until 30 days after passage.
(CBC 1985 16-8.5; Ord. 2005 c. 8; Ord. 2014 c. 1 § 2)
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