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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)
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)
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)
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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