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Subsections 16-26.7, 16-26.8 or 16-26.9 may be enforced by any Police Officer, any special Police Officer designated by the Commissioner to do so, by any designee of the Air Pollution Control Commission or of the Board of Health and Hospitals or of the Commissioner of Inspectional Services. The Housing Court may enjoin violation of these Subsections.
(CBC 1985 16-26.10; Ord. 1991 c. 4 § 3; Ord. 1995 c. 5)
(A) (1) Any person who violates Subsections 16-26.7, 16-26.8 or 16-26.9 shall be fined $50 for the first violation in any 12-month period, $100 and for the second violation in any 12-month period and $200 for the third violation and each subsequent violation in any 12-month period. The enforcing person shall make a record of the complaint, such record to include the following information, to the extent that it is available:
(a) Name and address of person in violation;
(b) Name and address of landlord of person in violation, if applicable;
(c) Date of violation;
(d) Time of violation;
(e) Location of violation;
(f) Source of violation; and
(g) Motor vehicle registration number, if applicable. If the person in violation refuses to provide the above-required information or if any information provided proves to be false, then said person shall be punished by a fine of an additional $100.
(B) (1) The Air Pollution Control Commission shall keep and make available to the public and all persons authorized to enforce these provisions, and the certification or the information there appearing by an enforcing official to a court shall establish a rebuttable presumption of the accuracy thereof.
(2) No person, being the landlord or person in charge of a residential structure shall permit, allow or suffer repeated violations of these ordinances after notice thereof and shall be fined at the time of the third such violation and at the time of every violation thereafter within 12 months of the first violation by a fine of $150 and by a fine of $300 for each violation thereafter. It shall be a defense that the landlord or person in charge of a residential structure has made and documented good faith efforts, including, but not limited to, the seeking of a court order, to prevent violations.
(3) For all other violations of these Sections, the penalties for such violations are:
(a) For the first violation in any 12-month period, $100;
(b) For the second violation in any 12-month period, $200; and
(c) For the third violation and each subsequent violation in any 12-month period, $300.
(D) (1) The enforcing person shall provide a person in violation with a written notice of the violation and fine. If applicable, a copy of each notice of violation shall be sent to the person in violation’s landlord and to the school, college or university at which the person in violation is enrolled.
(2) All fines issued under these Sections may be recovered by the noncriminal disposition procedures promulgated in M.G.L. Chapter 40, Section 21D, which procedures are incorporated herein by reference; provided, however, that if a person in violation fails to follow the procedures and requirements of M.G.L. Chapter 40, Section 21D, then the fine or fines shall be recovered by indictment or by complaint pursuant to M.G.L. Chapter 40, Section 41.
(CBC 1985 16-26.12; Ord. 1991 c. 4, § 3; Ord. 1995 c. 5; Ord. 2003 c. 19 §§ 1, 2, 3)
(A) Notwithstanding the provisions of any other ordinance of the city, if a person is arrested by a Boston Police Officer under the authority of the M.G.L., including, without limitation, the provisions of M.G.L. Chapter 272, Section 54 for disturbing the peace under M.G.L. Chapter 272, Section 53, or any applicable M.G.L., the arresting Officer may, pursuant to said M.G.L., seize any loud amplification device or similar equipment, as defined in Subsection 16-26.1, as evidence. In the event of such seizure for evidence by a Boston Police Officer incident to such arrest, such amplification device or similar equipment shall be inventoried and held by the Boston Police Department or its Agents, and shall be returned to its owner according to the terms of this Section, unless a court of competent jurisdiction orders otherwise.
(B) The Arresting Officer, in addition to any other reports or procedures required of him or her, shall give the person claiming to be the owner of said loud amplification device or similar equipment a receipt indicating where, when and for what reason said device or equipment was seized, and for what purpose it is being held. Copies of said receipt shall be filed in the Boston Police Department and shall be made available to the court. No receipt shall be redeemed and no such device or equipment shall be returned to any person unless and until all judicial proceedings that may be held regarding the criminal allegations shall have been finally completed; provided, however, that if a motor vehicle shall be seized incident to an arrest, such motor vehicle may be returned to its registered owner if said loud amplification device or equipment has been duly removed therefrom with the written permission of the registered owner of said motor vehicle. In such cases, the Boston Police Department shall provide said owner with a receipt for the removed device or equipment as herein provided.
(CBC 1985 16-26.12; Ord. 1991 c. 4 § 3)
The following are exempted from the provisions of Section 16-26 and shall not be considered unreasonable or excessive noise for purposes of this Section:
(A) Noise from law enforcement motor vehicles;
(B) Noise from emergency vehicles which is emitted during an actual emergency; or
(C) Noise which a person is making or causing to be made where such person has received and maintains a valid license or permit therefor from any Department, Board or Commission of the city authorized to issue such license or permit; provided, however, that such noise shall be permitted only to the extent allowed by the license or permit.
(CBC 1985 16-26.13; Ord. 1991 c. 4 § 3)
If any provision or Subsection of this Section shall be held to be invalid by a court of competent jurisdiction, then such provision or Subsection shall be considered separately and apart from the remaining provisions or Subsections of this Section, which shall remain in full force and effect.
(CBC 1985 16-26.14; Ord. 1991 c. 4 § 4)
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