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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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16-48.6   Fees.
   All boats that are moored in city waterways, tied at slips or seasonally rack-stored on waterfront property with launching capacity, shall be assessed an annual fee as recommended by the Waterways Board and approved by the Boston City Council and the Mayor. Until such time as the Waterways Board, Boston City Council and Mayor revise the fee, the fee shall be assessed at the rate of $1 per foot of boat length for residents of the city and $5 per foot of boat length for non-residents. Transient boats, boats exempt from the excise tax pursuant to M.G.L. Chapter 60B, Section 3 and all boat tenders or dinghies less than 12 feet long that belong to or are attached to a permitted boat shall be exempt from this fee.
(CBC 1985 16-48.6; Ord. 2004 c. 1 § 1)
16-48.7   Decals.
   In order to evidence payment of the fees assessed in these Sections, the Harbormaster shall issue decals that shall not exceed 3 inches in length by 3 inches in height which shall be affixed to the port side of a permitted boat near the transom. Nothing in this Section requires a permit decal to be affixed to any boat exempt from Subsection 16-48.6. Nothing in this Section prohibits the decal for the current year from being placed over the decal for a previous year. The permit holder shall ensure that the decal remains visible to casual inspection, clear of debris and obstruction.
(CBC 1985 16-48.7; Ord. 2004 c. 1 § 1)
16-48.8   Application Dates.
   (A)   Applications for mooring permits, including applications for renewal of mooring permits, shall be accepted after January 1 but must be postmarked or submitted to the Harbormaster by April 1 of each calendar year. Applications for renewal of mooring permits that are postmarked or received by the Harbormaster after April 1 but before June 1 shall be assessed a late fee of $25.
   (B)   Any mooring existing without a permit shall be deemed to be a public nuisance and shall be deemed to be in violation of these Sections and may be removed at the expense of the mooring owner and delivered to the possession of the Harbormaster to a storage area designated by the Harbormaster. The removed mooring:
      (1)   May be claimed by the mooring owner subject to payment of removal fees, storage fees and any fines that may have accrued; or
      (2)   May be disposed of pursuant to M.G.L. Chapter 91.
(CBC 1985 16-48.8; Ord. 2004 c. 1 § 1)
16-48.9   Use.
   (A)   (1)   A permitted mooring shall be non-transferable except to a person within the immediate family of the permit holder upon the written approval of the Harbormaster. The Harbormaster may authorize in writing the temporary use of a permitted mooring by a boat other than the permitted boat upon written application of the permit holder. Pursuant to 310 CMR 9.07(2)(d):
         (a)   Commodores may assign vessels of its individual patrons or members to its permitted moorings and shall notify the Harbormaster of any such assignment but such notification is not required if such assignment is made to a transient boat; and
         (b)   Commercial group mooring companies may assign vessels of its individual patrons or members to its permitted moorings and shall notify the Harbormaster of any such assignment but such notification is not required if such assignment is made to a transient boat.
      (2)   Commodores may assign guest vessels to guest moorings or to permitted moorings of its individual patrons or members upon written permission from the permit holder and shall notify the Harbormaster of any such assignment but such notification is not required if such assignment is made to a transient boat.
   (B)   In accordance with Cooper v. Eisenman, C.A. No. 86-2571-C (D. Mass. March 9, 1988), affirmed 867 F.2d 606 (1st Cir. (Mass.) Dec. 9, 1988), cert. denied 491 U.S. 907 (1989), nothing in this Section shall be construed to prohibit the transfer of a group of permitted moorings pursuant to the sale of a commercial enterprise including, but not limited to, a boatyard, a yacht club, a marina, a boat club, a commercial group mooring company and/or any other public recreational boating facility.
(CBC 1985 16-28.9; Ord. 2004 c. 1 § 1)
16-48.10   Expiration.
   All mooring permits expire on February 15 of the calendar year following the issuance but may be renewed pursuant to the provisions of Subsection 16-48.4. A permit holder that sells or transfers ownership of a permitted boat shall notify the Harbormaster immediately upon such sale or transfer, and if the new owner intends to moor the permitted boat at the permitted mooring, then the new owner shall contact the Harbormaster and satisfy the requirements of Subsection 16-48.4.
(CBC 1985 16-48.10; Ord. 2004 c. 1 § 1)
16-48.11   Changes.
   (A)   No person may move, remove or relocate a mooring without the prior written authorization of the Harbormaster except for normal servicing of moorings and minor realignment of moorings to prevent adverse contact with nearby boats on moorings wherein the mooring is moved:
      (1)   To its original location; or
      (2)   No more than 10 feet.
   (B)   A permit holder shall notify the Harbormaster immediately upon any change in the information provided on the application for a mooring permit.
(CBC 1985 16-48.11; Ord. 2004 c. 1 § 1)
16-48.12   Marking on Mooring.
   All permitted moorings shall be visibly marked with the corresponding assigned permit number in font no smaller than 1 inch. The permit holder shall ensure that the marking remains legible to casual inspection, reasonably clear of debris and reasonably unobstructed.
(CBC 1985 16-48.12; Ord. 2004 c. 1 § 1)
16-48.13   Enforcement and Penalties.
   (A)   The Harbormaster shall enforce the provisions of these Sections. Unless otherwise delineated in these Sections, any violation of these Sections shall subject the person in violation to a fine of $25 for each day the violation persists. As specifically delineated in these Sections, certain violations may subject the applicable mooring to immediate removal.
   (B)   The Harbormaster may require owners of moorings to provide evidence/documentation of satisfactory periodic inspection of their moorings for fitness and structural integrity.
(CBC 1985 16-48.13; Ord. 2004 c. 1 § 1)
16-48.14   Annual Report.
   (A)   In an effort to assist the evaluation of the effectiveness of the mooring programs of the city, the Harbormaster, with the cooperation of the Assessor of the city and the Collector-Treasurer of the city, shall annually prepare a report relevant to the city’s waterways usage and mooring programs for the calendar year commencing on January 1 and ending on December 31. The annual report shall include, but not be limited to:
      (1)   The number of boats moored/docked in city waterways;
      (2)   The number of permitted moorings in city waterways;
      (3)   The number of applications received for permits
      (4)   The number of permit holders;
      (5)   The number of permit holders that are residents of the city;
      (6)   The number of permit holders that are non-residents of the city;
      (7)   The number of violations issued by the Harbormaster;
      (8)   The top three most numerous types of violations issued by the Harbormaster;
      (9)   A narrative summary of the most significant public safety incidents;
      (10)   The aggregate amount of fees collected under these Sections;
      (11)   The aggregate amount of excise taxes collected; and
      (12)   The aggregate amount of fines collected under these Sections.
   (B)   Originals of this annual report shall be forwarded to the Waterways Board and filed with the City Clerk no later than January 31 of each calendar year, and the City Clerk shall forthwith forward this annual report to the Mayor and the Boston City Council. The Waterways Board shall file written comments and/or recommendations to the annual report with the City Clerk no later than March 1 of each calendar year, and the City Clerk shall forthwith forward this annual report to the Mayor and the Boston City Council.
(CBC 1985 16-48.14; Ord. 2004 c.1 § 1)
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