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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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16-26.11   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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