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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)
(A) If the Boston Police Department or other local officials have responded to a gathering constituting a public nuisance on a premises under the provisions of this Section or Subsections, the following persons shall be jointly or severally liable for fines as set forth below; provided that no previous gathering constituting a public nuisance has occurred at the premises within the previous one-year period:
(1) The person or persons residing on or otherwise in control of the premises where such gathering took place whether present or not;
(2) The person or persons who organized or sponsored such gathering; and
(3) All persons attending such gatherings who engage in any activity resulting in the public nuisance as defined pursuant to Subsection 16-27.2.
(B) In lieu of issuing a fine(s), a Police Officer may issue a written warning if the response to the complaint occurs prior to 10:00 p.m.
(CBC 1985 16-27.4; Ord. 2012 c. 8 § 1)
If the Boston Police Department is required to respond to a gathering constituting a public nuisance pursuant to Subsection 16-27.2 more than once in any one-year period, as measured from the date of the first response, the following persons shall be jointly and severally liable for fines as set forth below.
(A) The person or persons residing on or otherwise in control of the premises where such gathering took place whether present or not.
(B) The person or persons who organized or sponsored such gathering.
(C) All persons attending such gathering who engage in any activity resulting in a public nuisance pursuant to Subsection 16-27.2.
(D) The person, persons or business entity which at the time of the gathering owned the premises where the gathering constituting the public nuisance pursuant to Subsection 16-27.2 occurred; provided that notice of the first and subsequent responses has been mailed to the property owner of the premises as set forth herein and the gathering occurs at least 14 days after the mailing of the first notice. The property owner of the premises shall not be held responsible for any violation and penalties if the property owner is employing reasonable efforts to cooperate with the Boston Police Department or other local officials. “Reasonable efforts” shall include, but not be limited to, the following: notifying the Commissioner, or his or her designee, in writing of the owner’s willingness to cooperate with the Police or other local officials; returning all telephonic and written inquiries from the Boston Police Department or other local officials in a timely manner; retention of a security service or a Police detail; issuance of written warning(s) to the occupants of the owner’s intention to seek eviction for further public nuisances; and, the inclusion of a security rider in a lease agreement. The property owner of the premises shall not be held responsible for any violation and penalties if the property owner is actively pursuing eviction from the premises of a tenant who controlled, organized, sponsored or attended the gathering. The one-year time period for violations for a premises shall pertain only to the same residents occupying the premises who have had prior violation(s). New residents shall start a new time cycle of one year.
(CBC 1985 16-27.5; Ord. 2012 c. 8 § 1)
(A) The provisions of Subsections 16-27.4 and 16-27.5 may be enforced in accordance with the noncriminal disposition process of M.G.L. Chapter 40, Section 21D. The provisions of this Section may also be enforced according to M.G.L. Chapter 40U as accepted by the city, also known as the “Green Ticket” Law. The enforcing persons shall be any authorized Law Enforcement Officer of the Boston Police Department. A fine of $100 for the first response shall be imposed to such person(s) cited; and, a fine of $300 for the second and subsequent response(s) shall be imposed to such person or persons cited.
(B) Such person(s) or a business entity cited pursuant to these provisions shall have 14 days to request a hearing to contest violations of these Sections.
(C) The provisions of this Section are enforceable without reference to the provisions of Subsection 16-26.6, disturbing the peace, and without reference to the fact that the Police Officer issuing a citation has not obtained a scientific noise measurement prior to issuing the citation. No such scientific noise measurement is required under the provisions of this Section and the lack of a noise measurement shall not constitute a defense.
(CBC 1985 16-27.6; Ord. 2012 c. 8 § 1)
No person, firm or corporation shall, in the city, operate any motor vehicle upon any public way, for the carriage of passengers for hire, in such a manner as to afford a means of transportation similar to that afforded by a railway company, by indiscriminately receiving and discharging passengers along the route on which the vehicle is operated or may be running, or for transporting passengers for hire as a business between fixed and regular termini, without first obtaining a license therefor from the Boston City Council, and unless such license is in force according to the provisions of and subject to this and the following Subsections. Such license shall be subject to revocation at any time by order of the Boston City Council. Whenever the word
LICENSEE is used in this and the following Subsections, it shall mean the person, firm or corporation licensed under this Subsection.
(CBC 1975 Ord. T14 § 356; CBC 1985 16-28.1)
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