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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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16-12.28   Drinking of Alcoholic Beverages in Public.
   No person shall drink any alcoholic beverage as defined in M.G.L. Chapter 138, Section 1, or possess an open container, full or partially full, of any alcoholic beverages, while on, in or upon any public way, upon any way to which the public has right of access, in any place to which members of the public have access as invitees or licensees, in any park or playground, conservation area or recreation area, on private land or place without consent of the owner or person in control thereof.
(CBC 1975 Ord. T14 § 312; Ord. 1982 c. 21 s 1; Ord. 1982 c. 23 s 1; CBC 1985 16-12.28) Penalty, see Subsection 16-32.2
16-12.29   Procurement of Alcoholic Beverages for Underage Individuals.
   No person, while in or on any public way, public alley, sidewalk, park or playground area or vehicle parking or apron pedestrian area serving mercantile establishments within the city shall agree to procure for or deliver to an individual who has not reached age 21 any alcoholic beverage, sealed or open. The burden of ascertaining that the recipient meets age eligibility shall rest upon the person delivering such container of alcoholic beverage. Violators shall be subject to penalty as established by M.G.L. Chapter 138, Section 34 imposing a fine up to $200 or up to six months imprisonment or both, upon conviction.
(CBC 1975 Ord. T14 § 312A; Ord. 1982 c. 21 s 2; CBC 1985 16-12.29; Ord. 1993 c. 2) Penalty, see Subsection 16-32.1
16-12.30   The Use of Intimidation to Obtain Alcoholic Beverages.
   No individual or individuals, while in or on any public way, public alley, sidewalk, park or playground area or vehicle parking or apron pedestrian area serving any mercantile establishment within the city and who are under age 21 shall persuade, intimidate or otherwise cause any other person to purchase or obtain from a licensed establishment alcoholic beverages intended for consumption by such individual or other individuals who are below the legal drinking age in this commonwealth. Violators, including minors, shall be subject to penalty as established by M.G.L. Chapter 138, Section 34A which imposes a fine of $300 for each conviction.
(CBC 1975 Ord. T14 § 312B; Ord. 1982 c. 21 s 3; CBC 1985 16-12.30; Ord. 1993 c. 2)
16-12.30A   The Use of False Identification to Obtain Alcoholic Beverages.
   (A)   Prohibition. No person shall use transferred, altered, defaced or forged identification in order to obtain alcoholic beverages.
   (B)   Penalty. In addition to any penalties delineated in M.G.L. Chapter 138, Section 34B, any person violating the prohibition of this Section may be subject to a fine of $250.
   (C)   Enforcement and regulatory authority. The Boston Police Department shall have the authority to enforce these provisions and to promulgate rules and regulations necessary to implement and enforce these provisions.
   (D)   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.
   (E)   Implementation. These provisions shall be effective immediately upon passage.
(CBC 1985 16-12.30A; Ord. 2005 c. 2)
16-12.31   Posting of “Warning” Notice.
   In addition to requirements of M.G.L. Chapter 138, Section 34A, the “warning” poster provided by the commonwealth’s Alcoholic Beverages Control Commission shall in Boston be prominently displayed at the principal entrance of every licensed establishment which sells alcoholic beverages for off-premises consumption. Each Police Area Commander shall ascertain through inspection at least twice annually that every such establishment located in his or her jurisdiction has adequately posted such notice at the principal entrance.
(CBC 1975 Ord. T14 § 312C; Ord. 1982 c. 21 s. 4; CBC 1985 16-12.31)
16-12.31A   Concerning Parental Responsibility for Public Consumption of Alcoholic Beverages by Minors.
   A parent, guardian or legal custodian of an unemancipated minor child shall be liable for any willful act committed by said child in violation of the provisions of Subsections 16-12.28, 16-12.29 or 16-12.30, supra. This provision shall be enforced by all Police Officers and shall be punishable by a fine of $50. This Section shall be enforced under non-criminal disposition of violations in the manner and to the extent provided in M.G.L. Chapter 40, Section 21D.
(CBC 1985 16-12.31; Ord. 1986 c. 16 § 1)
16-12.32   Vaults Under Sidewalks.
   No person shall make any permanent excavation under the surface of a street, the inner face of the wall of which extends further under the street than to a line 18 inches inside the line of the outer edge of the curbstone or sidewalk.
(CBC 1975 Ord. T14 § 313; CBC 1985 16-12.32)
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