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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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16-38.9   Effect on Other Laws.
   Nothing in this Section shall affect the adoption of regulations affecting newsracks by other government bodies, such as historic district commissions, to the extent such bodies are authorized to adopt such regulations.
(CBC 1985 16-38.9; Ord. 2013 c. 4)
16-38.10   Severability.
   The provisions of this Section shall be severable and if any Section, part or portion hereof shall be held invalid for any purpose by any court of competent jurisdiction, the decision of such court shall not affect or impair any remaining Section, part or portion thereof.
(CBC 1985 16-38.10; Ord. 2013 c. 4)
16-38.11   Initial Application Acceptance Date.
   The Commissioner shall send written notice to all operators affected by this Section informing them of the date when the Commissioner will accept the first applications for Certificates of Compliance. The Commissioner shall send said notice at least 30 days prior to the initial application acceptance date.
(CBC 1985 16-38.11; Ord. 2013 c. 4)
16-38.12   Effective Date.
   This Section shall take effect 90 days from the date of approval.
(CBC 1985 16-38.12; Ord. 2013 c. 4)
16-39   SALE OF DANGEROUS INSTRUMENTS.
16-39.1   Prohibition of Sale of Dangerous Instruments.
   (A)   No person shall sell, give or deliver to any person under 18 years of age (hereinafter referred to as “minor”) any of the following:
      (1)   Knife having a blade with a length of 2 inches or more;
      (2)   Ice pick or similar implement having a metal pointed shaft and handle; or
      (3)   Straight edged razor or razor blade fitted with a handle.
   (B)   Transient vendors, peddlers or hawkers, as defined in M.G.L. Chapter 101 (licensed or unlicensed) are prohibited from selling the above listed dangerous instruments in the city.
(CBC 1985 16-39.1; Ord. 1997 c. 9 § 1; Ord. 2001 c. 1) Penalty, see Subsection 16-39.2
16-39.2   Penalty.
   Any person found to be in violation of this Section shall be fined $300 per offense. Enforcement of this Section shall be by non-criminal disposition as provided by in M.G.L. Chapter 40, Section 21D or by the filing of a criminal complaint at the appropriate venue.
(CBC 1985 16-39.2; Ord. 1997 c. 9 § 2)
16-39.3   Exemption.
   The sale, gift, loan or delivery of any of the instruments detailed in Subsection 16-39.1 by a parent or an adult who is an immediate family member of the minor, to include siblings and grandparents, shall not be a violation of this Section.
(CBC 1985 16-39.3; Ord. 1997 c. 9 § 3)
16-39.4   Licensing Requirements for Stores Selling Certain Knives.
   (A)   Any store, except as provided in divisions (A)(1) and (A)(2) below, which sells knives having a fixed or locking blade of 2 inches or more but not cutlery, shall obtain a license from the Licensing Unit of the Boston Police Department, hereinafter referred to as the Licensing Unit. For purposes of this Section, the term CUTLERY shall mean utensils used as tableware or used for cutting and eating foods. The following stores shall have the following meanings for the purpose of this Section and are exempt from the licensing provisions of this Section.
      (1)   DEPARTMENT STORE. A large retail store offering a variety of merchandise and services organized into separate Departments and commonly part of a chain.
      (2)   HARDWARE STORE. A store in the business of selling metal goods and utensils, such as locks and tools.
   (B)   A convenience store, as defined herein, shall not be considered a department store as defined pursuant to division (A)(1) above. For purposes of this Section, a CONVENIENCE STORE shall mean a retail business with a primary emphasis placed on providing the public with a convenient location to quickly purchase a limited variety of consumable products. A convenience store shall be subject to the licensing provisions of this Section.
   (C)   The Licensing Unit shall issue a license only if the applicant’s license is not currently in a term of revocation or the applicant is not currently in violation of these Sections or any regulations with any violations left unremedied or any fines left unpaid. An applicant must be free from violations of the provisions of these Sections and Subsections for one year before application for a license. In determining suitability for a license, the Licensing Unit shall consider previous violations of city ordinances and if the applicant has previous violations of ordinances, the license shall be denied. A license issued under the provisions of this Section shall be renewed automatically as provided by the regulations promulgated by the Boston Police Department.
   (D)   Upon denial of a license the licensing unit shall notify the applicant in writing. The notice shall state the reasons for denial of the license and establish a date and time for a hearing. The hearing date shall be no earlier than seven days after the date of said notice. The applicant shall have the opportunity to be heard at such hearing and shall be notified of the licensing unit’s decision and reasons in writing.
   (E)   Stores licensed to sell knives under the provisions of this Section shall be prohibited from selling machetes and other knives as defined in M.G.L. Chapter 269, Section 12.
   (F)   The Licensing Unit shall promulgate rules and regulations relating to the licensing of the stores under the provisions of this Section. The Licensing Unit shall revoke a license issued pursuant to this Section for a violation of Subsection 16-39.1.
   (G)   Any fine imposed for violations of this Section shall be subject to the provisions of M.G.L. Chapter 40U and Section 16-55 relating to the collection of municipal fines.
   (H)   Any person violating the provisions of Subsection 16-39.4 shall be punished by a fine not exceeding $300.
(CBC 1985 16-39.4; Ord. 2011 c. 15; Ord. 2013 c. 2)
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