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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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16-8.5   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)
16-9   OBSTRUCTION OF FIRE FIGHTERS AND FIRE APPARATUS.
16-9.1   Interference Forbidden.
   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
16-10   THE MARKET LIMITS.
16-10.1   Reserved.
   [Reserved]
(CBC Ord. 1975 Ord. T14 §§ 279; CBC 1985 16-10.1; Repealed by Ord. 1991 c. 5 § 23; further repealed by Ord. 1992 c. 7 § 4)
16-10.2   Obstruction to Travel.
   No person shall, within any market limits, so occupy or obstruct any sidewalk as not to leave a clear and direct passage for travellers thereon; or so place or stop any vehicle abreast of, or near to, any other vehicle as not to leave a clear and direct passage for vehicles.
(CBC 1975 Ord. T14 § 280; CBC 1985 16-10.2; Ord. 1991 c. 5 § 23; Ord. 1992 c. 7 § 4)
16-10.3   Sunday Regulations.
   No person shall, within any market limits, permit any box, cask or other receptacle, or any vehicle, or any horse or other beast, to remain in a street or sidewalk on the Lord’s day, except in the evening and in a place assigned by the Superintendent of Markets or his or her deputies.
(CBC 1975 Ord. T14 § 281; CBC 1985 16-10.3; Ord. 1991 c. 5 § 23; Ord. 1992 c. 7 § 4)
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