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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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16-12.38A.10   Severability.
   If any provision of these Sections is 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.
(CBC 1985 16-12.38A.10; Ord. 2011 c. 8)
16-12.39   Pedicabs.
   (A)   Definition of pedicabs. For the purpose of this Subsection, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      PEDICAB. A bicycle-like vehicle that has at least three wheels, that transports or is capable of transporting passengers on seats attached to the bicycle, that is propelled by an individual or individuals and that is used for transporting passengers for hire.
   (B)   Operation of pedicabs.
      (1)   Unless otherwise permitted by city rule or regulation, it shall be unlawful for any person to ride or operate a pedicab upon public property in the city without a license for the vehicle from the Boston Police Department’s Hackney Division. The vehicle’s license must be renewed annually and a fee as determined by the Boston Police Commissioner shall apply. Public property includes, but is not limited to, all streets, sidewalks, parks, plazas or any area under the care, custody and control of the city. Notwithstanding the above, an additional license from the Parks Commission may be required to operate within certain public property.
      (2)   Unless otherwise permitted by city rule or regulation, it shall be unlawful for any person to ride or operate a pedicab upon public property in the city without a license to operate a pedicab from the Boston Police Department’s Hackney Division. The operator’s license must be renewed annually and a fee as determined by the Boston Police Commissioner shall apply.
      (3)    No person may operate a pedicab in the city unless the person possesses a valid driver’s license.
      (4)   No person may operate a pedicab in the city unless the proposed route and times of operation have been approved by the Boston Transportation Department.
      (5)   No person may place into service or operate any pedicab or other like vehicle, three wheeled or otherwise, with a fixed bench or trailer, unless approved by the Police Commissioner and inspected for condition and proven to be safe and roadworthy.
   (C)   Penalties. An individual who violates division (B) above shall be subject to a fine of $500 for a first offense and $1,000 for any subsequent offense, but a court may authorize public service in lieu of all or part of this fine. Depending upon the severity of the offense, a violation of any rule or regulation regarding the operation of such a pedicab may also result in suspension or revocation of the pedicab owner’s license to operate from the Boston Police Department’s Hackney Division.
   (D)   Enforcement. The Boston Transportation Department and the Boston Police Department shall have the authority to enforce those Sections. The provisions of M.G.L. Chapter 40, Section 21D may be used to enforce this Section. The Boston Police Department shall have the authority to impound any vehicle in violation of these Sections.
   (E)   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.
   (F)   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 of portion thereof.
(CBC 1985 16-12.39; Ord. 2007 c. 6)
16-12.40   Prohibiting Operation of Party Bikes.
   (A)   Definition of party bikes. For the purpose of this Subsection, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      PARTY BIKE. A bicycle-like vehicle that has at least three wheels, where some seats are not facing the direction of travel, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is propelled or is capable of being propelled, by more than one individual, that has a frame that is more than 5 feet in width, and that is used for transporting passengers for hire.
   (B)   Operation of party bikes prohibited. Unless otherwise permitted by city rule or regulation, it shall be unlawful for any person to use, ride or operate a party bike upon public property in the city. Public property includes, but is not limited to, all streets, sidewalks, parks, plazas or any area under the care, custody and control of the city.
   (C)   Penalties. An individual who violates division (B) above shall be subject to a fine of $500 for a first offense and $1,000 for any subsequent offense, but a court may authorize public service in lieu of all or part of this fine.
   (D)   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 this Section. The Boston Police Department shall have the authority to impound any vehicle in violation of these Sections.
   (E)   Regulation 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.
   (F)   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 16-12.40; Ord. 2007 c. 6)
16-12.41   Parking in a Marked Bike Lane or Marked Shared Bike Lane.
   (A)   Purpose. The purpose of this Section is to establish guidelines for parking motor vehicles in marked bike lanes and shared bike lanes.
   (B)   Prohibition from marked bike lanes and shared lanes. No driver shall stand or park any motor vehicle in a marked bike or shared bike lane in the city.
   (C)   Penalties. Any person violating the provisions of this Section shall be subject to a fine of $100 for each offense. This fine shall increase by $33 if it remains unpaid at least 21 days after issuance of a notice of the violation.
   (D)   Exceptions. Nothing in these Sections shall prevent standing or parking a motor vehicle in a marked bike lane or shared bike lane:
      (1)   When necessary to avoid conflict with other traffic or pedestrians;
      (2)   In compliance with the lawful direction of a Police Officer or official traffic sign; or
      (3)   Unless authorized to do so under existing regulations (including, but not limited to, designated residential parking lanes or parking meters).
   (E)   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 90, Section 20A½ may be used to enforce these Sections, and the adjudication provisions of this chapter and of Chapter 190 of the Acts of 1982 shall apply to this Section. The Boston Police Department and Boston Transportation Department shall have the authority to impound any motor vehicle in violation of these Sections.
   (F)   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.
(CBC 1985 16-12.41; Ord. 2009 c. 7)
16-12.42   Parking or Stopping Within Any Pedestrian Safety Zone.
   (A)   Prohibition of non-authorized vehicles in the zone. Any vehicles stopped, standing or parked in a Pedestrian Safety Zone may be ticketed and fined $100, if not displaying a valid Pedestrian Safety Zone Permit (“Permit”). Authorized vehicles displaying a valid Permit are allowed to load/unload at designated loading zone areas within the Pedestrian Safety Zone between the hours of 6:00 p.m. and 11:00 a.m. No vehicles, regardless of valid Pedestrian Safety Zone Permit, shall be allowed to stop, stand or park in the Zone between the hours of 11:00 a.m. and 6:00 p.m. The fine shall increase by $33 if it remains unpaid at least 21 days after the issuance of a notice of the violation.
   (B)   Enforcement. The Boston Transportation Department and Boston Police Department shall have the authority to enforce this Section. The provisions of M.G.L. Chapter 90, Section 20A½ may be used to enforce these Sections, and the adjudication provisions of this chapter and of Chapter 190 of the Acts of 1982 shall apply to this Section. The Boston Police Department and Boston Transportation Department shall have the authority to impound any motor vehicle in violation of these Sections.
   (C)   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.
   (D)   Severability. If any provision of these Sections is held as invalid, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
(CBC 1985 16-12.42; Ord. 2010 c. 2)
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