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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)
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)
(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)
(A) (1) No person shall sell, offer for sale or install on or in any motor vehicle or trailer:
(a) A muffler from which the baffle plates, screens or other original internal parts have been removed and not replaced;
(b) An exhaust system which has been modified in a manner which will result in an amplification or an increase in the noise emitted by the exhaust system; or
(c) A muffler cut-out or by-pass.
(2) A first violation of this Section shall be punishable by a fine of not less than $100 and not more than $250. A second violation of this Section shall be punishable by a fine of not less than $250 and not more than $500. A third and all subsequent violations shall be punishable by a fine of not less than $500 and not more than $1,000.
(B) (1) No person shall park, use or operate a motorcycle, within the city, manufactured subsequent to December 31, 1982 that does not bear the required applicable Federal EPA exhaust system label pursuant to the 40 C.F.R. Volume 24, Part 205, Subparts D and Subpart E.
(2) All violations of division (B)(1) above shall be punishable by a fine of $300.
(3) Commissioner of the Boston Police Department, or his or her designee, shall have the authority to enforce this division (B).
(CBC 1985 16-47; Ord. 2003 c. 18 § 1; Ord. 2009 c. 4)
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