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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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16-12.4   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
16-12.6   Reserved.
   [Reserved]
(CBC 1975 Ord. T14 § 290; CBC 1985 16-12.6; Repealed by Ord. 1991 c. 5 § 27) Penalty, see Subsection 16-32.6
16-12.7   Reserved.
   [Reserved]
(CBC 1975 Ord. T14 § 291; CBC 1985 16-12.7; Ord. 1979 c. 34; Recodified by Ord. 1991 c. 5 § 24) Penalty, see Subsection 16-32.6
16-12.8   Littering.
   No person shall, in or upon any way, street, alley or other public place within the city, nor in or upon any estate within the city, whether such person is in or upon a vehicle or on foot, deposit, drop or throw, and suffer to remain there, any filth, rubbish, litter so-called or any other substance, without the permission of the owner or person in charge thereof, nor in any way or manner otherwise prohibited.
(CBC 1975 Ord. T14 § 292; CBC 1985 16-12.8; Ord. 1986 c. 1 § 1) Penalty, see Subsection 16-32.1, 16-32.6
16-12.8A   Implementation and Maintenance of a System to Retain all Shopping Carts within a Business Establishment.
16-12.8A.1   Purpose.
   These Sections require business establishments utilizing shopping carts or similar devices and having more than 20 shopping carts on-site to install and maintain a system to retain the shopping carts within the property boundaries of the business establishment. The Commissioner of the Inspectional Services Department, in accordance with the powers and duties delineated in Subsection 9-9.1, is authorized to implement and enforce these Sections, and the Commissioner of the Public Works Department, in accordance with the powers and duties delineated in Subsection 11-6.1, is authorized to implement and enforce these Sections.
(CBC 1985 16-12.8A.1; Ord. 2003 c. 24)
16-12.8A.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUSINESS ESTABLISHMENT. Includes, but is not limited to, a grocery store, supermarket, drugstore, pharmacy, dry goods store, department store, discount store, variety store or other retail establishment which supplies 20 or more shopping carts for the use of its customers.
   COMMISSIONER OF INSPECTIONAL SERVICES. The Commissioner of the Inspectional Services Department, or his or her designee or Agent.
   COMMISSIONER OF PUBLIC WORKS. The Commissioner of the Public Works Department or his or her designee or Agent.
   ISD. The Inspectional Services Department or its successor.
   OWNER. The owner of a business establishment if it is owner-operated or the manager of a business establishment if it is not owner-operated.
   PARKING LOT. Any parcel of land owned, leased or otherwise under the direction and control of the owner and used for parking motor vehicles related to the daily operations of the business establishment and shall include the areas of ingress and egress.
   PERMANENT IDENTITY TAG. A tag, label, plate or other form of identification that is affixed to a shopping cart and is designed to be removed/removable only by the business establishment. The PERMANENT IDENTITY TAG shall state the name of the business establishment, the address of the business establishment and the telephone number of the business establishment. The name, address and telephone number on the PERMANENT IDENTITY TAG shall be of the neighborhood business establishment rather than a state, regional or national headquarters, except that business establishments using a total of more than 350 shopping carts at more than two locations within the city may place a central telephone number on the permanent identity tag as long as that telephone number is within the 617 area code.
   PWD. The Public Works Department or its successor.
   SHOPPING CART or CART. Includes, but is not limited to, that type of mobile vehicle used for transportation and portage by human propulsion of goods or merchandise in and about markets, stores, shops, shopping centers, malls and other business establishments.
(CBC 1985 16-12.8A.2; Ord. 2003 c. 24)
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