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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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16-48.10   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)
16-48.15   Boston Waterways Board.
   (A)   Pursuant to these Sections, the Boston Waterways Board shall be established. The Waterways Board is intended and designed to provide a regular forum dedicated to guiding the development and use of the city waterways and the sound implementation of, among others, M.G.L. Chapter 91, M.G.L. Chapter 60B, and the regulations promulgated thereunder.
   (B)   The Waterways Board shall be comprised of nine volunteer members appointed by the Mayor with the approval of the Boston City Council, and shall include the Harbormaster and representatives from a variety of classes of users of city waterways. The term of all appointees shall be three years, except that the initial terms shall be staggered so that the terms of no more than three appointees terminate in any single year.
   (C)   The Waterways Board shall annually review:
      (1)   The written procedures, policies and practices of the Harbormaster and, upon such review, shall make written recommendations to the Harbormaster and shall forward such recommendations to the City Clerk who shall forward them to the Mayor and the Boston City Council;
      (2)   The written procedures, policies and practices of the Public Recreational Boating Facilities and, upon such review, shall make written recommendations to the Public Recreational Boating Facilities and shall forward such recommendations to the Harbormaster and the City Clerk who shall forward them to the Mayor and the Boston City Council;
      (3)   The amount of the fees assessed under these Sections and, upon such review, shall make written recommendations to the Harbormaster and shall forward such recommendations to the City Clerk who shall forward them to the Mayor and the Boston City Council; and
      (4)   The annual report required pursuant to Subsection 16-48.14.
   (D)   Without compromising public safety and public health, the Waterways Board shall recommend fees, policies, rules and regulations to promote the greatest public access to and public use of the city waterways by residents, visitors, businesses and other interested persons. The policy recommendations of the Waterways Board shall be in writing and shall be filed with the City Clerk who shall forward them to the Mayor and the Boston City Council, and the policy recommendations may include, but not be limited to, appeals processes to mitigate the number of appeals made to the commonwealth’s Department of Environmental Protection, inspection requirements for moorings and waterways fees. The Waterways Board may cooperate with any Municipal Harbor Plan Advisory Committees to promote implementation of waterways usage elements of Municipal Harbor Plans in the city. The Mayor with the approval of the Boston City Council, may direct the Harbormaster to adopt or implement specific recommendations made by the Waterways Board, and, to the extent required, shall amend this Code to effect such recommendations. All meetings of the Waterways Board shall be open to the general public with opportunity for public participation.
(CBC 1985 16-48.15; Ord. 2004 c. 1 § 1)
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