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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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16-35.3   Purpose.
   (A)   Because the smoking of burning tobacco or any other weed or plant is extremely dangerous to health and is a cause of material annoyance and discomfort to those employees who are exposed to it and have, of economic necessity, to work in the confines of a workplace, the Boston City Council hereby declares that the purposes of this act are:
      (1)   To protect the public health and welfare by regulating smoking in the workplace; and
      (2)   To minimize the toxic effects of smoking in the workplace by requiring an employer to adopt a policy that reasonably accommodates insofar as possible, the preferences of nonsmokers and smokers.
   (B)   If an employer allows employees to smoke in the workplace, the Section requires that:
      (1)   The employer make reasonable accommodations for the preferences of both nonsmoking and smoking employees;
      (2)   The employer must give particular preference to employees who as a result of either a cardiovascular illness, pulmonary illness or any other physical condition affecting the eyes, nose and throat, are sensitive to the discomforts of tobacco smoke;
      (3)   The employer use without incurring additional expense to the extent possible existing architectural design and ventilation systems to separate designated smoking areas from designated nonsmoking areas;
      (4)   All nonsmoking areas to be designated and conspicuously marked with signs; and
      (5)   The employer be prohibited from terminating without due cause or discriminating against any employee because the employee exercised his or her right under this act.
(CBC 1985 16-35.3; Ord. 1993 c. 3)
16-35.4   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BOARD OF HEALTH. The municipal Department, division, unit or body of the municipality charged with regulating and/or enforcing the health laws or regulations in the Massachusetts community of Boston.
   BOSTON CITY COUNCIL. The law-making body of the community of Boston in the Commonwealth of Massachusetts.
   EMPLOYEE. Any person who is employed by any employer in consideration for direct or indirect monetary wage or profit.
   EMPLOYER. Any person who employs the service of an individual person.
   ENCLOSED. An area, other than a public lobby, which is closed in by a roof and four walls or sides or partitions, either complete or partial, with appropriate openings for ingress and egress.
   OFFICE SPACE or OFFICE SPACES or WORK SPACE or WORK SPACES. Any area occupied by an employee during the course of his or her employment, including, but not limited to, hallways, waiting areas, restrooms, lounges, eating areas, as well as enclosed motor vehicles, ships, boats and airplanes.
   PERSON. Any individual person, firm, partnership, association, corporation, company, organization or legal entity of any kind.
   SMOKING or TO SMOKE or SMOKE. The inhaling, exhaling, burning or carrying of any lighted cigarette; cigar, pipe or other article; or paraphernalia for tobacco or any other weed or plant.
   WORKPLACE. Any enclosed area of a structure or portion thereof intended for occupancy by any private or public business entities which will provide primarily, but not exclusively, clerical, professional or business services of the business entity, or which will provide primarily, but not exclusively, clerical, professional or business services to other business entities or to the public, at that location. The WORKPLACE includes, but is not limited to, office spaces or work spaces in office buildings, office spaces or work spaces in all municipal office buildings, office spaces or work spaces in all public buildings, office spaces or work spaces in all federal office buildings where other than federal employees are employed and the federal regulations restricting smoking in federal buildings are not applied, medical office waiting rooms or areas and other medical treatment facilities, all manufacturing plant office spaces or work spaces not under the control of the federal government regulations restricting smoking in federal buildings or the General Service Administration (“GSA”) regulations restricting smoking in federal buildings.
(CBC 1985 16-35.4; Ord. 1993 c. 3)
16-35.5   Regulation of Smoking in the Workplace.
   (A)   Each employer who operates a workplace in Boston must implement, maintain and conspicuously post, for all employees to see, a written smoking policy which will contain, at a minimum, the following provisions and requirements.
      (1)   Any employee may object to his or her employer about the smoke hazard or discomfort in his or her workplace. Using existing means of ventilation or separation or partition of the work space, the employer must attempt expeditiously, within 30 days of the initial date of objection, to reach a reasonable accommodation, insofar as possible, between the preferences of all the nonsmoking and smoking employees. However, an employer is not required by this Section to make any expenditures or structural changes to accommodate the preferences of nonsmoking or smoking employees.
      (2)   Where the employer prohibits smoking in any portion of the workplace, the area(s) in which smoking is prohibited must be clearly and conspicuously marked with signs.
   (B)   The employer’s smoking policy must be announced to all employees and posted conspicuously in all workplaces under the employer’s jurisdiction in Boston.
   (C)   Anyone who becomes an employer in Boston after the passage of this Section must, within three months of becoming an employer, adopt, implement, maintain and conspicuously post for all employees to see, a written smoking policy with all the provisions mentioned herein.
(CBC 1985 16-35.5; Ord. 1993 c. 3) Penalty, see Subsection 16-35.7
16-35.6   Where Smoking Not Regulated.
   This Section is not intended to regulate smoking in the following places and under the following conditions within Boston:
   (A)   A private home which may serve as a workplace;
   (B)   Any office space leased or rented by a sole independent contractor for his or her own use;
   (C)   A business used exclusively for the sale of tobacco products;
   (D)   (1)   Provided further, that no employer or Agent of any employer shall require as a condition of employment that any employee or prospective employee refrain from smoking or using tobacco products outside the course of his or her employment or otherwise discriminate against any individual with respect to his or her compensation terms, conditions or privileges of employment for smoking or using tobacco products outside the course of his or her employment. Provided, however, that any nonprofit organization or corporation whose primary purpose is to discourage use of tobacco products by the general public shall be exempt from the provisions of this statute; and provided that employers within the commonwealth which are regulated under M.G.L. Chapter 22, Section 9A; Chapter 26, Section 2; Chapter 31, Section 64; or Chapter 41, Section 101A shall be exempt from the provisions of this statute.
      (2)   In any civil action alleging a violation of this provision, the court may:
         (a)   Award punitive damages to a prevailing employee or prospective employee in addition to any award of actual damages;
         (b)   Award reasonable attorneys’ fees and costs to a prevailing employee or prospective employee; and
         (c)   Afford injunctive relief against any employer who commits or proposes to commit a violation of this provision.
   (E)   City Hall cafeterias.
(CBC 1985 16-35.6; Ord. 1993 c. 3)
16-35.7   Penalties and Enforcement.
   (A)   The Boston Board of Health, having received a written and signed letter of complaint from an employee citing a violation of this Section, must enforce, within 30 days, the entire Section against violations by either of the following actions:
      (1)   Serving written notice to comply to an employer, with a copy of the notice to the complaintant, requiring the employer to correct, within 30 days, any violation of any Section of this Subsection. The employer must also be sent a copy of this Section at the time notice is served. Upon receiving a second signed complaint at the Boston Board of Health for the same or continued violation by the same employer, and failing all other attempts by the Boston Board of Health to expeditiously; and
      (2)   Within 30 days, mediate the complaint, the complaint must be resolved by calling upon the attorney for Boston to maintain promptly an action for injunction to enforce the provisions of this act, to cause the correction of such violation of Section, and for assessment and recovery of a civil penalty for such violation.
   (B)   An employer who violates this act shall be liable for a civil penalty, not to be less than $50 or exceed $300, which penalty shall be assessed and recovered in a civil action brought by the attorney for Boston in any court of competent jurisdiction.
   (C)   In undertaking the enforcement of this Section, the city is assuming an undertaking only to promote the health and general welfare of the working public. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
   (D)   Any revenues accumulated from violations of this Section should be used only to increase the public awareness of this Section or for public health programs related to this issue and not reverted to the city’s General Fund.
   (E)   If any provision of this Section is invalid or unenforceable by a court of competent jurisdiction, the other provisions of the act shall not be affected thereby, but shall continue in full force and effect.
(CBC 1985 16-35.7; Ord. 1993 c. 3)
16-36   CIGARETTE SALES BY VENDING MACHINES RESTRICTED.
16-36.1   Regulations.
   All sales of cigarettes by vending machines within the city shall be prohibited unless:
   (A)   The vending machine is located within the immediate vicinity, plain view and control of a responsible employee, so that all purchases are observable and controllable as if cigarettes were sold over the counter;
   (B)   The vending machine must not be located in a coatroom, restroom, unmonitored hallway, outer waiting area or similar unmonitored area and must be inaccessible to the public when the establishment is closed;
   (C)   The vending machine is equipped with a lock-out device approved by the Board of Health. Said device shall lock-out sales from vending machines unless an employee releases the locking mechanism. The release mechanism must not allow continuous operation of the vending machine and must not be accessible to customers. Vending machines shall be posted with a sign stating that the machine is equipped with a lock-out device and identifying the person(s) to contact to purchase cigarettes from the machine;
   (D)   All cigarette vending machines must display a conspicuous sign stating that it is illegal for minors to purchase cigarettes; and/or
   (E)   The use of the premises is restricted to persons over the age of 18.
(CBC 1985 16-35.1; Ord. 1993 c. 9) Penalty, see Subsection 16-36.3
16-36.2   Enforcement.
   The Board of Health or its Enforcement Officer(s) shall enforce these regulations.
(CBC 1985 16-36.2; Ord. 1993 c. 9)
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