Loading...
16-30   ABANDONMENT OF AUTOMOBILES.
16-30.1   Abandoned, Unregistered or Uninsured Vehicles.
   (A)   Abandoned cars or automotive parts prohibited. No person shall place an automobile or any automobile parts upon public or private land for the purpose of abandonment.
   (B)   Unregistered and/or uninsured vehicles.
      (1)   No person shall place, store or keep more than one unregistered automobile, truck, trailer, moped and/or motorcycle that is required to be registered under the laws or regulations of the commonwealth, including, but not limited to, M.G.L. Chapter 90, upon public or private land zoned for residential purposes of six or fewer residential units.
      (2)   No person shall place, store or keep more than one uninsured automobile, truck, trailer, moped and/or motorcycle that is required to be insured under the laws or regulations of the commonwealth, including, but not limited to, M.G.L. Chapter 90, upon public or private land zoned for residential purposes of six or fewer residential units.
      (3)   This Section shall not apply to vehicles stored within a fully-enclosed building or to vehicles stored, parked or displayed on property duly licensed in accordance with M.G.L. Chapter 140, Sections 57 through 69.
   (C)   Penalties.
      (1)   The first violation of this Subsection in any calendar year shall be issued a warning with the instructions to remediate the violation by registering, insuring or removing the motor vehicle in violation within ten business days of the issuance of the violation.
      (2)   A violation of this Subsection shall be subject to a fine of $300. Each week that a violation remains uncorrected shall be a separate and distinct violation. Any fines that remain unpaid for more than 12 months may become liens against the real estate at which the violation(s) occurred.
      (3)   The provisions of M.G.L. Chapter 40, Section 21D may be used to enforce these Sections.
   (D)   Enforcement and regulatory authority. The Commissioner of the Inspectional Services Department, the Commissioner of the Public Works Department, the Commissioner of the Boston Police Department and the Commissioner of the Boston Transportation Department shall have the authority to enforce these Sections and to promulgate rules and regulations necessary to implement and enforce these Sections.
   (E)   Applicability. If any provision of these Sections imposes greater restrictions or obligations than those imposed by any other general law, special law, regulation, rule, ordinance, order or policy, then the provisions of these Sections shall control.
   (F)   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 1975 Ord. T14 § 367; CBC 1985 16-30.1; Ord. 2006 c. 8 § 1; Ord. 2014 c. 1 § 3)
16-31   RODENT AND INSECT PREVENTION MEASURES AT CONSTRUCTION SITES.
   In the city, no building permit shall be issued for renovation, conversion or new construction until the applicant shows evidence the premises have been treated for, or are free from insects and rodents in compliance with the commonwealth’s Sanitary Code, 105 CMR 410.550. The applicant shall be held responsible for corrective measures should his or her construction, renovation or conversion work cause infestation to immediate abutters.
(Ord. 1982 c. 38 § 1; CBC 1985 16-31)
Cross-reference:
   Section 17-10
16-32   FINES.
16-32.1   Generally.
   (A)   Any person violating any provision of Subsections 16-9.1, 16-12.8, 16-12.9, shall, unless otherwise provided in this Chapter, be punished by a fine not exceeding $50 for each offense for a violation of any provision of this Chapter. Any person violating Subsection 16-2.3 shall be punished by a fine of $200. Any person violating any other provision of this Chapter or Chapter XVII or Chapter XVIII shall be punished by a fine not exceeding $20 for such offense, and not only the person actually doing the prohibited thing, but also his or her employer and every other person concerned in so doing shall be punished by such fine.
   (B)   Each day or part thereof of violation of any provision of any Section of this Chapter, whether such violation be continuous or intermittent, shall be construed as a separate and succeeding offense.
(CBC 1975 Ord. T14 § 368; Ord. 1982 c. 23 s 2; Ord. 1984 c. 22; CBC 1985 16-32.1; Ord. 1988 c. 15 § 2A, 3; Ord. 1994 c. 2 § 1; Ord. 2007 c. 7 § 2; Ord. 2008 c. 3)
16-32.2   Drinking of Alcoholic Beverages in Public, Fine.
   Any person violating any provision of Subsection 16-12.28 shall be punished by a fine not exceeding $200.
(CBC 1975 Ord. T14 § 368A, Ord. 1982 c. 23 § 3; CBC 1985 16-32.2)
16-32.3   Alternative Noncriminal Disposition of Violations of Subsection 16-1.9, 16-1.9B, 16-12.7 and 16-32.4.
   (A)   Subsections 16-1.9, 16-1.9B and 16-12.7 shall be enforced by the Commissioner of Health and Hospitals and his or her authorized Agents, by the Commissioner of Housing Inspection and his or her authorized Agents, by all Police Officers, by all special Police Officers including parking meter supervisors, so called, appointed under the provisions of Chapter 282 of the Acts of 1898, as amended, and by the Animal Control Officer appointed under M.G.L. Chapter 140, Section 151 or the domestic charitable corporation, from time to time, performing by contract the duties of Animal Control Officer in accordance with said Section 151, and by the authorized Agents of such Animal Control Officer or such domestic charitable corporation and the Animal Care and Control Unit of the Parks and Recreation Department. If any Officer empowered to enforce Subsections 16-1.9 and 16-12.7 takes cognizance of a violation thereof, he or she may, as an alternative to instituting criminal proceedings, forthwith give to the offender a written notice to appear before the Clerk of the District Court having jurisdiction at any time during Office hours, not later than 21 days after the date of such violation. Such notice shall be in triplicate and shall contain the name and address of the offender, the specific offense charged and the time and place for his or her required appearance. Such notice shall be signed by the Officer, and shall be signed by the offender whenever practicable in acknowledgment that such notice has been received. The Officer shall if possible deliver to the offender at the time and place of the violation a copy of said notice. Whenever it is not possible to deliver a copy of said notice to the offender at the time and place of the violation said copy shall be mailed or delivered by the Officer, or by his or her Commanding Officer, or by the Head of his or her Department, or by any person authorized by such Commanding Officer or Head of Department, to the offender’s last known address, or to the address of the owner of the dog as it may appear on the collar of such dog or as it may appear on the application for a license for such dog in the records of the Police Commissioner, within five days thereof, exclusive of Saturdays, Sundays and legal holidays. Such notice as so mailed shall be deemed a sufficient notice, and a certificate of the Officer or person so mailing such notice that it has been mailed in accordance with this Subsection shall be prima facie evidence thereof. At or before the completion of each tour of duty the Officer shall give to his or her Commanding Officer or Department Head those copies of each notice of such a violation he or she has taken cognizance of during such tour which have not already been delivered or mailed by him or her as aforesaid. The Commanding Officer or Department Head shall retain and safely preserve one of the copies and shall, at a time not later than the next court day after such delivery or mailing, deliver another of such copies to the Clerk of the Court before whom the offender has been notified to appear.
   (B)   Any person notified to appear before the Clerk of a District Court as hereinbefore provided may appear before such Clerk and confess the offense charged, either personally or through an Agent duly authorized in writing, or by mailing to such Clerk, with the notice, the sum of $50, such payment to be made only by postal note, money order or check. Payment to such Clerk of such sum shall operate as a final disposition of the case. Proceedings under this division (B) shall not be deemed criminal; and no person notified to appear before the Clerk of a District Court as provided herein shall be required to report to any Probation Officer, and no record of the case shall be entered in the probation records.
   (C)   If any person so notified to appear before the Clerk of a District Court fails to appear and pay the fine provided hereunder or, having appeared, desires not to avail himself or herself of the procedure hereinbefore provided for the non-criminal disposition of the case, the Clerk shall, as soon as may be, notify the Officer concerned, who shall forthwith make a complaint and follow the procedure established for violations of these Ordinances.
   (D)   As used in this Section the term “District Court” shall include, with the limits of its jurisdiction, the Boston Municipal Court.
   (E)   The notice to appear provided herein shall be printed in such form as may be satisfactory to the Chief Justice of the Boston Municipal Court and to the Administrative Committee of the District Courts as created by M.G.L. Chapter 218, Section 43A.
   (F)   The provisions of this Subsection are severable, and if any of the provisions of this Subsection shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
(CBC 1975 Ord. T14 § 369; Ord. 1979 c. 35; CBC 1985 16-32.3; Ord. 1996 c. 8 § 3-5; Ord. 2000 c. 4 §§ 3-5; Ord. 2004 c.4 § 2; Ord. 2014 c. 15 §§ 15-17; Ord. 2019 c. 4 § 13)
Editor’s note:
   The Building Department and the Housing Inspection Department were abolished and all powers and duties transferred to the Inspectional Services Department by Ch. 19 of the Ordinances of 1981 (Section 9-9 of this Code).
16-32.4   Enforcement of Certain Sections.
   City of Boston, Ordinances, Subsection 16-1.8 through Subsection 16-1.20A; Subsection 16-1.24; Subsection 16-1.26; Section 16-4A; Section 16-8A; Subsection 16-12.2A; Subsection 16-12.5 through Subsection 16-12.23; and Subsection 16-22.1 through Subsection 16-23.4 may be enforced in accordance with the provisions of M.G.L. Chapter 40, Section 21D as inserted by St. 1977, Chapter 401.
(Ord. 1977 c.16; CBC 1985 16-32.4; Ord. 1986 c. 1 § 1; Ord. 1986 c. 8 § 1; Ord. 1986 c. 10 § 1; Ord. 1988 c. 15 § 6; Ord. 1988 c. 17 § 2; Ord. 2003 c. 19 § 3)
16-32.5   Enforcement in Accordance with Massachusetts General Law.
   Any person taking cognizance of a violation of the Sections of this Code set forth in Subsection 16-32.4 hereof which he or she is empowered to enforce by statute, ordinance or by appointment as special Police Officer may enforce said ordinances in accordance with M.G.L. Chapter 40, Section 21D as inserted by St. 1977, Chapter 401.
(Ord. 1977 c. 16 [371]; CBC 1985 16-32.5)
16-32.6   Violations; Fine Established.
   (A)   Any person violating any provision of the Sections enumerated in Subsection 16-32.4 hereof shall be punished by a fine of $10 for each offense except that the following so-enumerated Sections shall carry the following penalties for violations thereof; and not only the person actually doing the prohibited thing, but also his or her employer and every other person concerned in so doing shall be punished by such fine.
      (1)   Subsection 16-1.14: $300;
      (2)   Subsection 16-1.17: $50;
      (3)   Subsection 16-1.19A: For the first violation in any 12-month period: $50, for the second violation within 12 months of a prior violation: $100 and for the third or subsequent violation within 12 months of a prior violation: $200;
      (4)   Subsection 16-2.5: $100;
      (5)   Subsection 16-2.7: $200;
      (6)   Subsection 16-4A: For the first violation in any 12-month period: $50, for the second or consequent violation: $200;
      (7)   Subsection 16-8.1: $300;
      (8)   Subsection 16-12.2A: $50, except that for the second violation within 12 months of a prior violation: $100, and, for the third or subsequent violation within 12 months of a prior violation: $200;
      (9)   Subsection 16-12.7: $15;
      (10)   Subsection 16-12.8: $25;
      (11)   Subsection 16-12.14: $50;
      (12)   Subsection 16-12.19: $15;
      (13)   Subsection 16-23.1: $300; and
      (14)   Subsection 16-23.3: $300.
   (B)   Any person under the age of 30 who violates any of the foregoing provisions may, on application to, and approval by, the Judge hearing a complaint with respect to such violation, or any Judge of the Court to which the notice under M.G.L. Chapter 40, Section 21D is returnable (as the case may be) in lieu of paying such fine, perform such public service reasonably related to the violation as the Judge shall require and upon completion of such public work, the fine shall be reduced by $5 for each such hour of service, to the extent of such fine.
(Ord. 1977 c. 16; CBC 1985 16-32.6; Ord. 1986 c. 1 § 4; Ord. 1986 c. 8 § 1; Ord. 1986 c. 10 § 2; Ord. 1988 c. 15 §§ 6, 7; Ord. 1988 c. 17 § 3; Ord. 1994 c. 2 § 1; Ord. 1994 c. 12 § 3; Ord. 1999 c. 6 § 1; Ord. 2003 c. 19 § 3; Ord. 2007 c. 7 § 3; Ord. 2008 c. 3; Ord. 2008 c. 4)
16-32.7   Enforcement of Certain Environmental Protection Ordinances.
   The Commissioner of Inspectional Services, and any designee, of said Commissioner, be, and hereby is, authorized pursuant to M.G.L. Chapter 40, Section 21D to enforce (in addition to those heretofore authorized to enforce) all of the Sections of the ordinances cited in Subsection 16-32.4; Boston Police Rule 401 (CBC St. Title 14, s 164); Subsection 16-12.3; Subsections 16-33.2 and 16-33.7.
(Ord. 1983 c. 22 § 1; Ord. 1983 c. 24 § 1; CBC 1985 16-32.7)
16-33   SIGNS, AWNINGS AND THE LIKE.
Loading...