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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.
16-13 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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16-26.1   General Prohibition and Definitions.
   (A)   No person shall make, or cause to be made, any unreasonable or excessive noise in the city, by whatever means or from whatever means or from whatever source.
   (B)   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      dBa. A-weighted sound level in decibels, as measured by a general purpose sound level meter complying with the provisions of the American National Standards Institute, “Specifications for Sound Level Meters (ANSI S1.4 1971)”, properly calibrated, and operated on the “A” weighting network.
      LOUD AMPLIFICATION DEVICE OR SIMILAR EQUIPMENT. A radio, television, phonograph, stereo, record player, tape player, cassette player, compact disc player, loud speaker or sound amplifier which is operated in such a manner that it creates unreasonable or excessive noise.
      UNREASONABLE OR EXCESSIVE NOISE.
      (1)   Noise measured in excess of 50 dBa between the hours of 11:00 p.m. and 7:00 a.m., or in excess of 70 dBa at all other hours; or
      (2)   In the absence of an applicable noise level standard or regulation of the Air Pollution Control Commission, any noise plainly audible at a distance of 300 feet or, in the case of loud amplification devices or similar equipment, noise plainly audible at a distance of 100 feet from its source by a person of normal hearing.
(CBC 1985 16-26.1; Ord. 714 § 354; Ord. 1991 c. 4 § 1) Penalty, see Subsection 16-32.6
16-26.2   Unreasonable Noise-Making Automobile Safety Devices.
   The use, maintenance, installation or keeping of any device whose purpose it is to protect an owner’s vehicle from damage and/or theft through the mechanical creation of a noise of sufficient magnitude to be plainly audible at a distance of 200 feet from such device which does not automatically terminate any such noise within five minutes shall be unlawful. Penalty for violation of this Section shall be a fine of $50. This Section shall be deemed a part of the Environment Protection Ordinances, so called, and shall be enforced pursuant to the provisions of M.G.L. Chapter 40, Section 21D.
(Ord. 1984 c. 4; [354a]; CBC 1985 16-26.2) Penalty, see Subsection 16-32.6
16-26.3   Unreasonable Noise From Automobile Safety Devices.
   The use of any device whose purpose it is to protect an owner’s vehicle from damage and/or theft through the mechanical creation of a noise of sufficient magnitude to be plainly audible at a distance of 200 feet from such device which does not automatically terminate any such noise within five minutes shall be declared an unlawful use of a noise making instrument. The penalty for violation of this Section shall be $50 and shall be in compliance with the provisions of M.G.L. Chapter 40, Section 21D. This Section shall be deemed a part of the Environment Protection Ordinances, so called.
(Ord. 1984 c. 5 § 1 [354b]; CBC 1985 16-26.3) Penalty, see Subsection 16-32.6
16-26.4   Regulation of Construction Hours.
   No erection, demolition, alteration or repair of any building and excavation in regard thereto, except between the hours of 7:00 a.m. and 6:00 p.m., on weekdays or except in the interest of public safety or welfare, upon the issuance of and pursuant to an Off Hours Permit from the Commissioner, Inspectional Services Department, which may be renewed for one or more periods of not exceeding one week each. Any person violating this Section hereof shall be punished by a fine of $300 for each offense. All fines issued under this Section may be recovered by the noncriminal disposition procedures promulgated in M.G.L. Chapter 40, Section 21D. Each day shall constitute a new offense.
(Ord. 1984 c.10 § 1 [354c]; CBC 1985 16-26.4; Ord. 1991 c. 5 § 38; Ord. 2016 c. 8 §§ 1-4)
Editor’s note:
   The Building Department and the Housing Inspection Department were abolished and all powers and duties transferred to the Inspectional Services Department by Ch. 19 of the Ordinances of 1981 (Section 9.9 of this Code).
16-26.5   Noise Levels at Residential Lot Lines.
   It shall be unlawful for any person except in emergencies by Public Utility Companies to operate any construction device(s), including, but not limited to, impact devices, on any construction site if the operation of such device(s) emits noise, measured at the lot line of a residential lot in excess of 50 dBa between the hours of 6:00 p.m. and 7:00 a.m.
(Ord. 1985 c. 3 § 1 [354d]; CBC 1985 16-26.5) Penalty, see Subsection 16-32.6
16-26.6   Disturbing the Peace.
   (A)   It shall be unlawful for any person or persons in a residential area within the city to disturb the peace by causing or allowing to be made any unreasonable or excessive noise, including, but not limited to, such noise resulting from the operation of any radio, phonograph or sound related producing device or instrument, or from the playing of any band or orchestra, or from the use of any device to amplify the aforesaid noise, or from the making of excessive outcries, exclamations or loud singing or any other excessive noise by a person or group of persons, or from the use of any device to amplify such noise; provided, however, that any performance, concert, establishment, band, group or person who has received and maintains a valid license or permit from any Department, Board or Commission of the city authorized to issue such license or permit shall be exempt from the provisions of this Section. UNREASONABLE OR EXCESSIVE NOISE shall be defined as noise measured in excess of 50 dBa between the hours of 11:00 p.m. and 7:00 a.m. or in excess of 70 dBa at all other hours when measured not closer than the lot line of a residential lot or from the nearest affected dwelling unit. The term dBa shall mean the A-weighted sound level in decibels, as measured by a general purpose sound level meter complying with the provisions of the American National Standards Institute, “Specifications for Sound Level Meters (ANSI S1.4 1971)”, properly calibrated, and operated on the “A” weighting network.
   (B)   Any person aggrieved by such disturbance of the peace may complain to the Police about such unreasonable or excessive noise. The Police, in response to each complaint, shall verify by use of the sound level meter described herein that the noise complained of does exceed the limit described herein and if so, may thereupon arrest and/or make application in the appropriate court for issuance of a criminal complaint for violation of M.G.L. Chapter 272, Section 53, which sets forth the penalties for disturbing the peace.
(CBC 1985 16-26.6; Ord. 1986 c.19 §§ 1, 2 [354e]; Ord. 1991 c. 4 § 2) Penalty, see Subsection 16-32.6
16-26.7   Prohibition Against Certain Sound Devices in Motor Vehicles.
   (A)   It shall be unlawful for any person in any area of the city to operate a loud amplification device or similar equipment, as defined in Subsection 16-26.1, in or on a motor vehicle which is either moving or standing in a public way.
   (B)   No person shall operate or use on any public right-of-way any electronically operated or electronic sound signal device attached to, on or in a motor vehicle from which food or any other items are sold, or offered for, sale when the vehicle is stopped, standing or parked. This Subsection shall not apply to sound signal devices used as a safety device, such as, but not limited to, a car horn or back-up signal that is actually used for its intended purpose. For the purposes of this division (B), the term STOPPED means the halting of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with a Police Officer or other authorized Enforcement Officer or a traffic control sign or signal. For purposes of this subdivision, the terms STANDING and PARKED shall be as defined in the city’s Traffic Rules and Regulations.
(CBC 1985 16-26.7; Ord. 1991 c. 4 § 3; Ord. 2008 c. 7) Penalty, see Subsection 16-26.11, 16-32.6
16-26.8   Prohibition Against Loud Amplification Devices in Public Ways or Places.
   It shall be unlawful for any person in any area of the city to operate a loud amplification device or similar equipment, as defined in Subsection 16-26.1, in a public way or in any other public place.
(CBC 1985 16-26.8; Ord. 1991 c. 4 § 3) Penalty, see Subsection 16-26.11, 16-32.6
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