Skip to code content (skip section selection)
Compare to:
Boston Overview
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
Loading...
16-12.37   Prohibiting Operation of Skateboards, Roller Blades, Roller Skates and Stunt-Type Bicycles on Certain Public Property.
   (A)   Operation of skateboards, roller blades, roller skates and stunt-type bicycles on public property prohibited.
      (1)   Unless otherwise permitted by city rule or regulation, it shall be unlawful for any person to ride or operate roller blades, roller skates, a skateboard or stunt-type bicycle upon public property in the city. Public property includes, but is not limited to, stairs, fountain areas, plazas or any area under the care, custody and control of the city but, for the purpose of this Subsection, shall not include streets or sidewalks.
      (2)   The Transportation Commission may by regulation declare it unlawful for any person to ride or operate roller blades, roller skates, a skateboard or stunt-type bicycle upon specific streets or sidewalks within the city.
   (B)   Penalties. An individual who violates division (A) above shall be subject to a fine of $100 for a first offense and $200 for any subsequent offense, but a court may authorize community service in lieu of all or part of this fine.
   (C)   Enforcement. The provisions of M.G.L. Chapter 40, Section 21D may be utilized to enforce this Section.
   (D)   Severability. The provisions of this Section shall be severable and if any Section, part or portion hereof shall be held invalid for any purpose by any court of competent jurisdiction, the decision of the court shall not affect or impair any remaining Section, part or portion thereof.
(CBC 1985 16-12.37; Ord. 1997 c. 8 §§ 1–3; Ord. 2003 c. 1)
16-12.38   Gas-Powered Vehicles: Scooters, Powerboards and Mini-Motorbikes.
   (A)   Definition. This Section refers to scooters, powerboards and mini-motorbikes that have handlebars, that have two wheels, that are designed to be stood upon or sat upon by the operator and that are gas-powered by an engine or motor capable of propelling the vehicle with or without human thrust.
   (B)   Prohibition from sidewalks. No person may use, ride or otherwise operate a gas-powered scooter, powerboard or mini-motorbike on a sidewalk of the city.
   (C)   Prohibition from streets. No person may use, ride or otherwise operate a gas-powered scooter, powerboard or mini-motorbike on a public way, private way, street or on the grounds of any public school in the city unless that person is 16 years of age or older and is carrying a valid driver’s/operator’s license.
   (D)   Penalties. Any person violating the provisions of this Section shall be subject to a fine of $25 for a first offense and $50 for a second or any subsequent offense, but a court of competent jurisdiction may substitute community service for any fine monies.
   (E)   Exceptions. Nothing in these Sections shall prevent the legal use of:
      (1)   Any mechanical or motorized device designed and used to assist a person with a disability affecting ambulation;
      (2)   A moped that has been registered with the commonwealth’s Registry of Motor Vehicles; and
      (3)   A motorized bicycle that has been registered with the commonwealth’s Registry of Motor Vehicles.
   (F)   Enforcement. The Boston Transportation Department and the Boston Police Department shall have the authority to enforce this Section. The provisions of M.G.L. Chapter 40, Section 21D may be used to enforce these Sections. The Boston Police Department shall have the authority to impound any vehicle in violation of these Sections.
   (G)   Regulatory authority. The Commissioner of the Boston Transportation Department and the Commissioner of the Boston Police Department shall have the authority to promulgate rules and regulations necessary to implement and enforce these Sections.
   (H)   Severability. If any provision of these Sections are 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 after passage.
(CBC 1985 16-12.38; Ord. 2004 c. 6)
16-12.38A   ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.
16-12.38A.1   Definition of Electric Personal Assistive Mobility Device or EPAMD.
   An ELECTRICAL PERSONAL ASSISTIVE MOBILITY DEVICE (“EPAMD”) shall mean a self-balancing device with two wheels not in tandem, designed to transport only one person by an electric propulsion system having a maximum speed on a paved level surface of less than 20 mph. For purposes of this Section, EPAMDs shall include, but shall not be limited to, the Segway® PT. For purposes of this Section, electric or motorized wheelchairs and powerchairs shall not be considered EPAMDs.
(CBC 1985 16-12.38A.1; Ord. 2011 c. 8)
16-12.38A.2   Prohibition of EPAMDs.
   The use of EPAMDs are hereby prohibited, based upon the interest of safety, on all public property in the city except as specifically authorized by the provisions of this chapter. Public property, includes but is not limited to, all public ways, sidewalks, parks, plazas, bicycle paths and shared use paths owned by and/or under the care, custody and control of the city.
(CBC 1985 16-12.38A.2; Ord. 2011 c.8)
16-12.38A.3   Definition of Tour Operator.
   A TOUR OPERATOR is any person, corporation or other entity engaged in the business of providing tours to customers using EPAMDs and/or engaged in the business of renting EPAMDs to customers in the city.
(CBC 1985 16-12.38A.3; Ord. 2011 c. 8)
16-12.38A.4   Limited Use of EPAMDs for Tour Operations.
   (A)   In the city the use of EPAMDs in tour operations shall be permitted subject to licensure by the Police Commissioner for the city who shall have exclusive authority to license and promulgate regulations for the use of EPAMDs in such tour operations. Subject to such licensure and regulations, tour operators, their employees, customers and users may operate EPAMDs only on public streets in the city on routes approved by the Boston Transportation Department with a license issued by the Boston Police Department’s Hackney Division to use and/or operate EPAMDs under the minimum conditions and requirements as set forth in this Section. The Police Commissioner may establish additional conditions and requirements by rule or regulation consistent with his or her authority as Police Commissioner of the city. Such licenses approved by the Police Commissioner shall be granted for a term not exceeding one year but whenever granted they shall expire annually on March 1; such licenses may be renewed annually by the Police Commissioner and may at any time be revoked or suspended for cause by said Commissioner. The Police Commissioner shall determine appropriate fees for administering such licenses. Such license is nontransferable and authorizes only the named licensee and/or its customers to use and/or operate EPAMDs in accordance with the provisions of this Section. Such license shall be prominently displayed on the front of any EPAMD used and/or operated by a licensee within the city.
   (B)   Such minimum conditions and requirements shall be as follows.
      (1)   The proposed tour route and months, days and hours of operation must be pre-approved in writing by the Boston Transportation Department. Thereafter, there shall be no deviations from the approved tour route without prior written approval from the Boston Transportation Department.
      (2)   The tour operator shall provide an approved site for education and instruction on the operation and use of EPAMDs by its employees and customers. For purposes of this Section, customers shall include all tour patrons and users, whether or not consideration is paid for such use.
   (C)   All tour users or customers must be shown a safety video and provided with “hands on” EPAMD training by an experienced operator in a controlled area prior to such user physically operating an EPAMD on any public property in the city.
   (D)   Tour operators shall provide to their customers and/or users of EPAMDs a fact sheet issued by the city summarizing the provisions of this Subsection 16-12.38A and any applicable regulations authorized herein regulating licensed tour operators and EPAMD users. Tour operators shall ensure that every customer and/or user of an EPAMD on its tour shall acknowledge, sign and date the fact sheet prior to his or her use of an EPAMD. Tour operators shall retain such record of acknowledgment in accordance with the rules or regulations authorized to be promulgated hereunder.
   (E)   The maximum number of EPAMD users that can be included in any single tour is six, and one tour leader.
   (F)   Tour leaders/operators must be able to communicate with each other through the use of private communication devices (two-way radios, cellular phones or similar devices) and have available the use of rearview mirrors or other mirror device approved by the Boston Police Department.
   (G)   No rider under 14 years of age and/or 100 pounds in weight, and/or as limited by the applicant’s insurance company requirements, and/or pursuant to the EPAMD manufacturer’s specifications, shall be allowed on any tour.
   (H)   Tour leaders/operators must be at least 18 years of age and must be experienced in the use and operation of EPAMDs to give tours. Tour leaders or operators shall wear safety reflector vests, or other obviously visible clothing as may be approved by the Boston Police Department.
   (I)   No EPAMD shall be used or operated in excess of a maximum speed of eight miles per hour.
   (J)   Tours shall use only the public streets or roads of the city.
   (K)   No tour will be conducted or operated after dusk.
   (L)   Tours shall not enter any private property without prior permission from the owner.
   (M)   Every EPAMD shall be equipped with a sounding device and all customers or users shall be trained in the use of such sounding device.
   (N)   An EPAMD user shall yield the right-of-way to pedestrians and shall give an audible signal with a sounding device before overtaking and passing a pedestrian.
   (O)   All users or customers shall wear helmets during training and at all other times during the tour or at any time while on or operating an EPAMD.
   (P)   Users or customers shall not be permitted to operate an EPAMD while under the apparent influence of alcohol or drugs, including prescription drugs that impair the user’s ability to operate machinery, or in the event that the tour operator or employees have actual knowledge of the fact that such user or customer is under the influence of alcohol or drugs, including prescription drugs that impair the user’s ability to operate machinery.
   (Q)   All of the above requirements and conditions shall be explained and specifically described by the tour operator or employees to each user or customer prior to the use of an EPAMD by such user or customer.
(CBC 1985 16-12.38A.5; Ord. 2011 c.8)
Loading...