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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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16-39.1   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)
16-40   LIMITING TOBACCO ACCESS BY YOUTH.
16-40.1   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   EMPLOYEE. Any individual who performs services for an employer in return for wages or profit.
   EMPLOYER. Any individual, partnership, association, corporation, trust or other organized group of individuals, including the city or any Agency thereof, which regularly uses the services of two or more employees.
   INDIVIDUAL. Any employee, volunteer or any other person who patronizes an area where tobacco products are sold.
   RETAIL STORE. Any establishment selling goods or articles or personal services to the public.
   SELF SERVICE DISPLAY. (Also known as FREE-STANDING DISPLAY). A display from which individual packs or cartons of tobacco products may be selected by a customer.
   TOBACCO VENDING MACHINE. Any machine or device designated for or used for the vending of cigarettes, cigars, tobacco or tobacco products upon the insertion of coins, trade checks, swipe cards, slips or any other form of payment.
(CBC 1985 16-40.1; Ord. 1997 c. 1 § I)
16-40.2   Tobacco Sales to Minors Prohibited.
   (A)   Sale to minors. In conformance with M.G.L. Chapter 270, Section 6, whoever sells a cigarette, chewing tobacco, snuff or any tobacco in any of its forms to any person under the age of 18 or, not being his or her parent or guardian, gives a cigarette, chewing tobacco, snuff or tobacco in any of its forms to any person under the age of 18, shall be punished according to the fine schedule set forth in division (H) below.
   (B)   Posting commonwealth law.
      (1)   In conformance with M.G.L. Chapter 270, Section 7, a copy of M.G.L. Chapter 270, Section 6, shall be posted conspicuously by the owner or other person in charge thereof in the shop or other place used to sell cigarettes at retail.
      (2)   The notice to be posted shall be provided by the commonwealth’s Department of Public Health and made available from the Boston Public Health Commission. Such notice shall be at least 48 square inches and shall be posted at the cash register which receives the greatest volume of single cigarette package sales in such a manner so that it may be readily seen by a person standing at or approaching the cash register. Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than 4 feet or greater than 9 feet from the floor. For all other cash registers that sell cigarettes, a notice shall be attached which is no smaller than 9 square inches, which is the size of the sign provided by the commonwealth’s Department of Public Health. Such notice must be posted in a manner so that it may be readily seen by a person standing at or approaching the cash register. Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of no less than 4 feet or more than 9 feet from the floor.
   (C)   Permit for location and sales of tobacco.
      (1)   After the effective date of this Section, the Public Health Commission of the city will issue a “Permit for Location and Sales” only if:
         (a)   The applicant’s permit is not currently in a term of suspension; and
         (b)   The applicant is not currently in violation of these Sections or any regulations with any violations left unremedied or any fines left unpaid and such permit will specify the name, address and approved location per the Public Health Commission of the city or their designated Agent(s) for retailers who sell tobacco products.
      (2)   After the effective date of this Section, all retailers who are required to hold a commonwealth license to sell cigarettes or other tobacco products, will be required to hold and maintain a valid “Permit for Location and Sales” from the city for each location at which tobacco products are sold.
      (3)   (a)   Subsequent to receipt of the permit, the Boston Public Health Commission shall make available and the successful applicant/retailer shall obtain and post in a clear and conspicuous manner signage that states “Sale of cigarettes or any tobacco products to persons under the age 18 is illegal, M.G.L. Chapter 270, Sections 6 and 7. The Boston Public Health Commission shall make available and the successful applicant/retailer shall obtain and post in a clear and conspicuous manner signage that discloses:
            1.   Current information for reporting violations of the provisions of this Section; and
            2.   Current referral information about smoking cessation. The Boston Public Health Commission may provide updated signage to retailers during the term of the permit.
         (b)   Any merchant that does not post the signage required under this Section shall be deemed to be in non-compliance of these provisions and shall be subject to penalties promulgated by the Boston Public Health Commission.
      (4)   The term of the permit shall be one year.
      (5)   The fee for a one-year tobacco retailer’s “Permit for Location and Sales” is $100 for each tobacco retail location.
      (6)   A “Permit for Location and Sales” is nontransferable, except a new permit will be issued to a tobacco retailer who changes locations.
      (7)   During such time that a “Permit for Location and Sales” of tobacco products has been suspended for violations of this Section, all tobacco products must be removed from the premises. Any person or entity selling any tobacco products without said permit shall be fined according to division (H) below until said permit is reinstated by the Public Health Commission of the city or its designated Agent(s).
   (D)   Tobacco vending machines. After the effective date of this Section, it shall be unlawful to sell or distribute any tobacco product through a cigarette vending machine or any other device used in the sale or distribution of tobacco products within the city unless said machine:
      (1)   Is located in a private club or bar licensed by the Licensing Board of the city to sell or serve alcoholic beverages; and
      (2)   Is equipped with a lock out device, installed in view of the attendant operating such device and posted with a sign not less than 6 inches by 16 inches reading “Attention! This machine is equipped with a lockout device, to purchase a tobacco product, you must first see the person in charge”.
   (E)   Out-of-package sales prohibited. No person or entity may sell or cause to be sold, or distribute or cause to be distributed, any cigarette package that contains fewer than 20 cigarettes.
   (F)   Self-service display restrictions. No retailer shall sell or offer for sale tobacco products by means of a self-service display (also known as “free-standing display”) unless such display is in strict compliance with the regulations promulgated by the Office of the Attorney General, specifically including, but not limited to, 940 CMR 21.04.
   (G)   Sales by employees.
      (1)   In the event of a prospective purchase of cigarettes or other tobacco products at retail by a person age 26 years old or younger, the employee responsible for completion of the sale shall request and examine photographic identification establishing the purchaser’s age as 18 years or greater as long as such is not in conflict with federal law.
      (2)   No commercial entity selling tobacco products at retail shall allow any employee to sell cigarettes or other tobacco products until such employee reads the Boston Tobacco Control Ordinance and commonwealth laws regarding the sale of tobacco and signs a statement, a copy of which will be placed on file in the Office of the employer that he or she understands the Section.
   (H)   Penalties, fines, suspension and/or suspension hearings of permit. It shall be the responsibility of the permit holder and/or individual in charge of the area where tobacco products are being sold to ensure compliance with all Sections of this Section pertaining to their place of business. The permit holder and/or individual in charge of the area permitted for tobacco sales, or persons involved in violation of any of the provisions of this Section may receive.
      (1)   In the case of a first violation, the permit holder and/or individual in charge of the area permitted for tobacco sales, or persons not in compliance with the provisions of this Section shall receive a fine of $100.
      (2)   In the case of two violations within 24 months, the permit holder and/or individual in charge of the area permitted for tobacco sales, or persons not in compliance with the provisions of this Section, shall receive a fine of $200 and the permit shall be suspended for seven consecutive business days.
      (3)   In the case of three violations within 24 months, the permit holder and/or individual in charge of the area permitted for tobacco sales, or persons not in compliance with the provisions of this Section, shall receive a fine of $300 and the permit shall be suspended for 30 consecutive business days.
      (4)   In the case of four or more violations within 24 months, the permit holder and/or individual in charge of the area permitted for tobacco sales, or person not in compliance with the provisions of the Section shall receive a fine of $400 and the permit shall be suspended for 60 consecutive business days and, upon public notice and comment, the permit may be permanently revoked at the sole discretion of the Public Health Commission.
      (5)   The Public Health Commission of the city shall provide written notice to the permittee of the intent to suspend a Permit for Location and Sales of Tobacco. The notice shall contain the reasons for the suspension and establish a date and time for a hearing. The date of the hearing shall be no earlier than seven days after the date of said notice. The permittee shall have an opportunity to be heard at such hearing and shall be notified of the Commission’s decision and reasons in writing.
      (6)   Any permit fees and fines collected under this Section shall be used for enforcement of these regulations or for educational programs on the harmful effects of tobacco products.
   (I)   Non-criminal disposition.
      (1)   Whoever violates any provision of this Section, the violation of which is subject to a specific penalty, may be penalized by the noncriminal method of a disposition as provided in M.G.L. Chapter 40, Section 21D or by filing a criminal complaint at the appropriate venue.
      (2)   Each day on which any violation exists shall be deemed to be a separate offense:
         (a)   Penalty of $100 for the first offense;
         (b)   Penalty of $200 for second offense;
         (c)   Penalty of $300 for third offense; and
         (d)   Penalty of $300 for the fourth offense in addition to the provisions of division (H) above.
(CBC 1985 16-40.2; Ord. 1997 c. 1 § II; Ord. 1997 c. 6; Ord. 2004 c. 10; Ord. 2011 c. 11)
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