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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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16-27.4   Liability for a First Response to a Gathering.
   (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)
16-27.5   Liability for a Second or Subsequent Response to a Gathering Constituting a Public Nuisance.
   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)
16-27.6   Enforcement.
   (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)
16-27.7   Severability.
   If any provision of these Sections shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
(CBC 1985 16-27.7; Ord. 2012 c. 8 § 1)
16-28   JITNEY LICENSES.
16-28.1   Requirement.
   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)
16-28.2   Publication and Notice.
   No person shall prosecute a petition to the Boston City Council for a license under M.G.L. Chapter 159A, Section 1 unless, at his or her own expense, he or she has caused to be published, in a newspaper of general circulation published in the city, at least seven days before the public hearing to be held by the proper committee of the Boston City Council, a notice of the time and place of such hearing, nor unless at his or her own expense he or she has also sent by registered mail not less than seven days before such hearing a copy of such notice to the Police Commissioner, the Metropolitan Transit Authority and such persons as shall file with the Clerk of Committees a written request for noticed under this Subsection.
(CBC 1975 Ord. T14 § 357; CBC 1985 16-28.2; Ord. 1991 c. 5 § 39)
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