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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.
16-12.1 Reserved
16-12.2 Loitering.
16-12.2A Display of Permits.
16-12.3 Advertising.
16-12.4 Merchandise to and from Second Story.
16-12.5 Sprinkling Ashes and the Like on Streets; Removal of Manure.
16-12.6 Reserved.
16-12.7 Reserved.
16-12.8 Littering.
16-12.8A Implementation and Maintenance of a System to Retain all Shopping Carts within a Business Establishment.
16-12.9 Litter from Vehicles.
16-12.10 Reserved.
16-12.11 Reserved.
16-12.12 Reserved.
16-12.13 Reserved.
16-12.14 Use of Propelled Novelty Substances Prohibited.
16-12.15 Throwing or Shooting on Streets.
16-12.16 Snow, Slush and Ice on Sidewalks and Curb Ramps.
16-12.17 Reserved.
16-12.18 Reserved.
16-12.19 Cutting of Grass.
16-12.20 Reserved.
16-12.21 Reserved.
16-12.22 Reserved.
16-12.23 Reserved.
16-12.24 Reserved.
16-12.25 Unlawful Games.
16-12.26 Protection of Trees, Lamp-Post and Hydrants.
16-12.27 Abusive Language; Soliciting in Streets.
16-12.28 Drinking of Alcoholic Beverages in Public.
16-12.29 Procurement of Alcoholic Beverages for Underage Individuals.
16-12.30 The Use of Intimidation to Obtain Alcoholic Beverages.
16-12.30A The Use of False Identification to Obtain Alcoholic Beverages.
16-12.31 Posting of “Warning” Notice.
16-12.31A Concerning Parental Responsibility for Public Consumption of Alcoholic Beverages by Minors.
16-12.32 Vaults Under Sidewalks.
16-12.33 Gratings.
16-12.34 Openings in Street.
16-12.35 Steps.
16-12.36 Street Openings.
16-12.37 Prohibiting Operation of Skateboards, Roller Blades, Roller Skates and Stunt-Type Bicycles on Certain Public Property.
16-12.38 Gas-Powered Vehicles: Scooters, Powerboards and Mini-Motorbikes.
16-12.38A ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.
16-12.39 Pedicabs.
16-12.40 Prohibiting Operation of Party Bikes.
16-12.41 Parking in a Marked Bike Lane or Marked Shared Bike Lane.
16-12.42 Parking or Stopping Within Any Pedestrian Safety Zone.
16-12.43 Prohibiting the Selling, Leasing or Reserving of Public Ways.
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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16-12.2   Loitering.
   No person shall saunter or loiter in a street in such a manner as to obstruct or endanger travellers or in a manner likely to cause a breach of the peace or incite to riot; but nothing in this Section shall be construed to curtail, abridge or limit the right or opportunity of any person to exercise the right of peaceful persuasion guaranteed by M.G.L. Chapter 149, Section 24 or to curtail, abridge or limit the intendment of any statute of the commonwealth.
(CBC 1975 Ord. T14 § 286; CBC 1985 16-12.2)
16-12.2A   Display of Permits.
   Every person occupying any property owned by, or in control of, the city, or any Officer, Board or Agency thereof, for any purpose requiring a license or permit issued by the city shall have any and all such valid licenses and permits posted and clearly visible at all times during such occupancy. Within 24 hours following the expiration of such occupancy, the license or permit holder shall remove the license or permit from its posting.
(CBC 1985 16-12.2A; Ord. 1986 c. 8 § 1; Ord. 1988 c. 15 § 8; Ord. 2016 c. 21 § 2) Penalty, see Subsection 16-32.6
16-12.3   Advertising.
   (A)   Distribution of advertising and vehicles. Except in accordance with a permit from the Commissioner of Public Works no person shall, for the purpose of advertising goods, wards or merchandise for sale, while on foot in any street, distribute to persons in any street any handbills, cards, circulars or papers other than newspapers, nor shall any person having the control of any vehicle used principally for advertising permit such vehicle to operate in any street north and east of Massachusetts Avenue. The Commissioner of Public Works shall establish, with respect to such advertising matter, such uniform rules governing the size of showcards, placards, handbills, cards, circulars and papers other than newspapers which may be distributed in the street as shall be reasonably necessary to prevent littering or other hazard to public safety. Each permit issued hereunder shall contain a copy of the rules relating thereto and shall be limited by its terms to the authorization of conduct permitted thereby and otherwise legal. No permit shall be required nor shall this Section operate to affect, interfere with or in any way abridge the right of persons on the street to carry or distribute non-commercial handbills, cards, circulars or papers other than newspapers.
   (B)   Free-standing signs. No business establishment shall, for the purpose of advertising their own goods, wares, services or merchandise for sale, display any free-standing sign on the public walkway located outside the business unless the free-standing sign is in compliance with the following requirements:
      (1)   Commonwealth Architectural Access Board Regulations to ensure accessibility and prevent interference with public travel;
      (2)   The sign does not exceed 24 inches by 36 inches in dimension;
      (3)   The sign is not adhered or attached to any structures or fixtures;
      (4)   The sign is constructed of weather resistant material;
      (5)   The sign is maintained in good condition;
      (6)   The sign is placed on the public walkway only during the hours of operation of the related business;
      (7)   The sign identifies the name, address and telephone number of the business establishment and owner of the sign, if different;
      (8)   The sign displays content limited to the business establishment’s goods, wares, services or merchandise for sale at the location of the sign; and
      (9)   The sign does not display advertisement of alcohol or tobacco products.
   (C)   Penalties. The Commissioner of Public Works shall be authorized to remove any free-standing signs not in compliance with Boston Code 16-12.3(b).
   (D)   Effective. This Section shall be effective upon passage in order to establish a Pilot Program relating to free-standing signs. The provisions of divisions (B) and (C) above shall expire one year after passage.
(CBC 1975 Ord. T14 § 287; CBC 1985 16-12.3; Ord. 2015 c. 11; Ord. 2016 c. 17 § 1; Ord. 2018 c. 2)
16-12.4   Merchandise to and from Second Story.
   No person shall, except in accordance with a permit from the Commissioner of Public Works, raise into or lower from, the second or any higher story of a building, over any portion of a street, any article of merchandise.
(CBC 1975 Ord. T14 § 288; CBC 1985 16-12.4)
16-12.5   Sprinkling Ashes and the Like on Streets; Removal of Manure.
   No person shall, except in accordance with a permit from the Commissioner of Public Works, or as provided in Subsection 16-2.16, sprinkle, scatter, put or place any ashes, cinders, earth, dirt, gravel, sawdust, salt or mixture of salt, in or upon a street, or without such permit remove any manure or dirt from any street.
(CBC 1975 Ord. T14 § 289; CBC 1985 16-12.5) Penalty, see Subsection 16-32.6
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