Skip to code content (skip section selection)
Compare to:
Boston Overview
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.
16-46.1 General Penalty: Noncriminal Disposition of Zoning Violations.
16-46.2 Enforcing Person and Regulatory Authority.
16-46.3 Violations.
16-46.4 Enforcement, Penalties and Fines.
16-46.5 Severability.
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
16-46   NONCRIMINAL DISPOSITION OF ZONING VIOLATIONS IN THE CITY.
16-46.1   General Penalty: Noncriminal Disposition of Zoning Violations.
   Any person who violates any Section of the Boston Zoning Code, as it may be amended, through the use or occupancy of land, buildings or structures in the city in a manner designated by the Commissioner of the Inspectional Services Department, or the designee or successor thereto (hereinafter “Commissioner” for the purposes of this Section) in Subsection 16-46.3 shall be liable for a specific penalty set forth in Subsection 16-46.4 and may also be penalized by a non-criminal disposition as provided in M.G.L. Chapter 40, Section 21D.
(CBC 1985 16-46.1; Ord. 2003 c. 17 § 1)
16-46.2   Enforcing Person and Regulatory Authority.
   The Commissioner shall be the enforcing person for violations under this Section and shall have the authority to promulgate rules and regulations necessary to implement and enforce these Sections.
(CBC 1985 16-46.2; Ord. 2003 c. 17 § 1)
16-46.3   Violations.
   Violations under this Section shall include, but not be limited to, the following:
   (A)   Auto repair. Any person who violates any Section of the Boston Zoning Code, as it may be amended, through the use and occupancy of land, buildings or structures in a residential zoning district as defined by the Boston Zoning Code for the purposes described in use items 35A (sale within a building of automotive parts), 36 (sale of automobiles and trucks), 51 (outdoor sale or display of automobiles for sale), 55 (outdoor storage of contractor equipment and materials), 57 (outdoor storage of junk scrap, wrecking or dismantling of motor vehicles), 57A (outdoor storage of damaged motor vehicles), 60 (repair garage), 60A (sale or installation indoors of automotive parts) of Boston Zoning Code Article 8, Section 2 shall be in violation of this Section 16-46. Each day a violation occurs or remains unremedied shall be considered a separate violation.
   (B)   Yard parking. Any person who violates any Section of the Boston Zoning Code, as it may be amended, through the use and occupancy of land, buildings or structures in a residential zoning district as defined in the Boston Zoning Code for the purpose of parking motor vehicles on any front yard, side yard or rear yard as defined in Boston Zoning Code Article 2A shall be in violation of this Section. Each day a violation occurs or remains unremedied shall be considered a separate violation.
   (C)   Work without a building permit. Any person who violates any Section of the Boston Zoning Code, including, but not limited to, Article 4, Section 3, as it may be amended, by performing work on any land, building or structure without the approval of the Commissioner, shall be in violation of this Section. Each day a violation occurs or remains unremedied shall be considered a separate violation.
   (D)   Signs. Any person who violates any Section of the Boston Zoning Code, including, but not limited to, Article 11, as it may be amended, by failing to comply with any sign requirement shall be in violation of this Section. Each day a violation occurs or remains unremedied shall be considered a separate violation.
(CBC 1985 16-46.3; Ord. 2003 c. 17 § 1; Ord. 2009 c. 6)
16-46.4   Enforcement, Penalties and Fines.
   (A)   A person in violation of this Section, unless otherwise provided, shall incur a civil fine of $150 for the first offense and a civil fine of $300 for the second offense and all subsequent offenses. A person in violation of Subsection 16-46.3 shall incur a civil fine of $50 for the first offense and a civil fine of $100 for the second and all subsequent offenses. Each day a violation occurs or remains unremedied shall be considered a separate violation. The Commissioner may, at the Commissioner’s discretion, issue a written warning for a first offense in lieu of a fine.
   (B)   A person in violation of this Section may also be subject to enforcement under any other laws in the commonwealth or the city applicable to the same conduct constituting a violation under this Section including a higher penalty whenever a higher penalty is permitted under the M.G.L.; provided, however, that such higher penalty shall be the maximum penalty for each offense. The city shall not be precluded by any enforcement under this Section from concurrently seeking an injunction to restrain a violation.
   (C)   A person in violation of this Section may appeal enforcement action hereunder pursuant to Boston Zoning Code Article 5, Section 2, and the filing of a timely appeal under Boston Zoning Code Article 5, Section 2 shall not stay further enforcement under any other rule, regulation, ordinance or by-law.
   (D)   All fines and penalties paid hereunder shall inure to the city.
(CBC 1985 16-46.4; Ord. 2003 c. 17 § 1; Ord. 2009 c. 6)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

Back to Code Library
Previous Doc
Next Doc