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The Public Health Commission of the city shall engage in a continuing program to explain and clarify the purposes and requirements of the Section to citizens affected by it, and to guide owners, operators and managers in their compliance with it. Such program may include publication of a brochure for affected business and individuals explaining the provisions of this Section. The Public Health Commission of the city shall respond to any requests from tobacco retailers for assistance in training sales personnel.
(CBC 1985 16-40.4; Ord. 1997 c. 1 § V)
(A) Pursuant to M.G.L. Chapter 111, Section 31 and M.G.L. Chapter 111, Section 2-8A, the Boston Public Health Commission of the city is authorized to fix, revise, determine and collect any fees set forth in this Section.
(B) Pursuant to M.G.L. Chapter111, Section 31 and M.G.L. Chapter 111, Sections 2-6B, 2-7(a)(1) and 2-7(a)(15), the Boston Public Health Commission of the city is further authorized to adopt, amend and repeal reasonable health regulations not inconsistent with any public health regulation of the commonwealth’s Department of Public Health or with any other provision of law and to prescribe a penalty for any violation of said regulations according to the nature of the offense.
(C) To the extent this Section conflicts with or is inconsistent with any Boston Public Health Commission regulation, penalty or fee, the Boston Public Health Commission regulation, penalty or fee shall prevail.
(CBC 1985 16-40.5; Ord. 2011 c. 11)
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRESSIVE MANNER.
(1) Approaching the person being solicited in a manner that is:
(a) Intended to, or is likely to, cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or
(b) Intended to or is likely to intimidate the person being solicited into responding affirmatively to the solicitation.
(2) Conduct during soliciting that includes:
(a) Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation, or approaching within an arm’s length of the person, except with the person’s consent;
(b) Using violent or threatening gestures or profane, offensive or abusive language; or
(c) Intentionally or recklessly blocking or interfering with the safe or free passage of a pedestrian or vehicle.
(3) Closely following or continuing to solicit a person who has been solicited and who has informed the solicitor by words or conduct that such person declines the solicitor’s request.
AUTOMATED TELLER MACHINE. A device, linked to a financial institution’s account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries and mortgage and loan payments.
AUTOMATED TELLER MACHINE FACILITY. The area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.
BANK. Any association or corporation chartered by the commonwealth under M.G.L. Chapter 168, 170, 171 or 172, or an individual, association, partnership or corporation incorporated or doing a banking business in the commonwealth subject to the supervision of the Commissioner of Banks.
BUS SHELTER. A covered structure at a bus stop providing protection against the weather for people waiting for a bus.
BUS STOP. A place on a bus route, usually marked by a sign, at which buses stop for passengers to alight and board.
CHECK CASHING BUSINESS. A location that houses a person or entity engaged in cashing checks, drafts or money orders for a consideration licensed under M.G.L. Chapter 169A.
PARKING GARAGE. A building designed specifically to be for automobile parking.
PARKING LOT. A cleared area dedicated and intended for parking vehicles.
PUBLIC PLACE. Any area or building owned, leased, operated or controlled by or on behalf of any government, municipality, public authority or public corporation in the city which is generally accessible by the public, including, but not limited to, any city street, sidewalk, bridge, tunnel, park, playground, recreation area, cemetery, school or school grounds, building, facility, driveway, parking lot or parking garage and the doorways and entrances to buildings and dwellings.
SIDEWALK CAFÉ. The portion of the public right-of-way kept, used, maintained and held out to the public as a place where food or drink are served for consumption on the premises, or which is used directly in conjunction with a pedestrian pick-up window.
SOLICIT. To request an immediate donation of money or other thing of value from another person, regardless of the solicitor’s purpose or intended use of the item requested. The SOLICITATION may be, without limitation, by the spoken, written or printed word, bodily gestures, signs, performing or offering to perform any service or by other means of communication.
(CBC 1985 16-41.1; Ord. 2013 c.1)
(A) No person shall solicit in an aggressive manner in a public place.
(B) No person shall solicit when the person being solicited is:
(1) In a bus shelter or at a bus stop;
(2) In a parking garage or parking lot;
(3) In a sidewalk café;
(4) In a line and waiting to be admitted into a commercial establishment; or
(5) In a crosswalk.
(C) No person shall solicit within 10 feet of:
(1) An automated teller machine or an entrance or exit of an automated teller machine facility during the time it is available for customers’ use; or
(2) An entrance or exit to a bank or check cashing business during business hours.
(D) No person shall solicit while walking on, standing on or going into any street or highway used for motor vehicle travel, or any area appurtenant thereto (including medians, shoulder areas, bicycle lanes, turning lanes, ramps and exit ramps).
(CBC 1985 16-41.2; Ord. 2013 c. 1)
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