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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)
(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)
(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)
(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)
No person shall obstruct any member of the Fire Department in the discharge of his or her duties, or willfully interfere with any engine or other apparatus used by members of the Fire Department in the discharge of their duties.
(CBC 1975; Ord. T14 § 278; CBC 1985 16-9.1) Penalty, see Subsection 16-32.1
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