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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
16-26.9   Prohibition Against Loud Amplification Devices in or on Residential Premises.
   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 dwelling house or on the land or other premises of such dwelling house.
(CBC 1985 16-26.9; Ord. 1991 c. 4 § 3) Penalty, see Subsection 16-26.11, 16-32.6
16-26.10   Enforcement.
   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)
16-26.11   Penalties.
   (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)
16-26.12   Arrest and Seizure of Property.
   (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)
16-26.13   Exemptions.
   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)
16-26.14   Severability.
   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)
16-27   NUISANCE CONTROL.
16-27.1   Purpose.
   In order to protect the health, safety and welfare of the inhabitants of the city, this Section shall permit the city to impose liability on property owners and other responsible persons for the nuisances and harm caused by unruly gatherings on private property and shall prohibit the consumption of alcoholic beverages by underage persons at such gatherings.
(CBC 1985 16-27.1; Ord. 2012 c. 8 § 1)
16-27.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   EVICTION. Actively trying to evict a tenant from a premise by delivery of a notice to quit and subsequent court proceedings, if a tenant fails to vacate the premises.
   GATHERING. A party or event where two or more persons have assembled for a social occasion or social activity.
   PREMISES. Any residence or other private property, place or location, including any commercial or business property.
   PROPERTY OWNER. The legal owner of record of a premises as listed by the tax assessor’s records.
   PUBLIC NUISANCE. A gathering of persons on any premises in a manner which constitutes a violation of law or creates a substantial disturbance of the quiet enjoyment of private or public property in a neighborhood. Behavior constituting a PUBLIC NUISANCE includes, but is not limited to, excessive noise, obstruction of public ways by crowds or vehicles, illegal parking, the service of alcohol to underage persons, fights and disturbances of the peace.
(CBC 1985 16-27.1; Ord. 2012 c. 8 § 1)
16-27.3   Mailing of Notice to Property Owners and Others.
   If a Police Officer or other local officials have responded to a gathering constituting a public nuisance as defined pursuant to Subsection 16-27.2, the Commissioner of the Boston Police Department, or designee, shall inform the Inspectional Services Department. The Commissioner of the Inspectional Services Department, or his or her designee, shall cause a notice of response to be made within 30 days of the gathering as follows.
   (A)   Notice of response shall be mailed by certified mail to the property owner(s) of the premises where the gathering occurred as listed on the property tax assessment records. The notice shall advise the property owner(s) that the second response on the same premises within a one-year period, as measured from the date of the first notice, shall result in liability of the property owner.
   (B)   Notice of response shall be sent by mail or other appropriate means to any person who was personally cited at the time of the offense. The notice shall be sent to the address stated on the individuals’ government issued identification.
   (C)   Notice of response shall be sent to the president/headmaster, or his or her designee, of an educational institution if the persons who are liable under Subsections 16-27.4 and 16-27.5 are students at such educational institution. The notice shall be sent by mail or other appropriate means.
(CBC 1985 16-27.3; Ord. 2012 c. 8 § 1)
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