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The incidences of gatherings known as “house parties” or “after-hours parties” which typically occur in the late-night and early-morning hours have a history of disturbing residents of the city, but they have recently begun to attract violence into neighborhoods. The Boston Police Department has instituted “Operation Party Time” and other programs as direct responses to these disturbances and acts of violence. These Sections are intended to provide the authorities with some legislative tools including civil penalties and fines, to assist the Boston Police Department with its efforts to stop such parties in progress and prevent future occurrences of them to enhance the public safety of the city and to improve the quality of life in the neighborhoods of the city.
(CBC 1985 16-50.1; Ord. 2005 c. 5)
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFTER-HOURS PARTY. An unpermitted or unlicensed gathering of individuals at a residential dwelling unit after 11:00 p.m. at which money is collected as an admission charge and at which alcohol is served.
BPD. The Boston Police Department.
CITY. The City of Boston.
OCCUPANT. Any invitee, licensee, lessee or tenant in a residential dwelling unit, including, but not limited to, a house, a condominium or an apartment.
OWNER. Any person or entity that owns a residential dwelling unit, including, but not limited to, a house, a condominium or an apartment.
(CBC 1985 16-50.2; Ord. 2005 c. 5)
The prohibitions and fines in this Section shall supplement any and all other civil and/or criminal penalties allowed by law, ordinance, code or regulation, specifically including, but not limited to, Section 16-26.
(A) No occupant of a residential dwelling unit shall organize, host, manage, promote, facilitate, suffer or allow the occurrence of an after-hours party. Each and every violation of this provision shall be subject to a fine of $300.
(B) No owner of a residential dwelling unit shall organize, host, manage, promote, facilitate, suffer or allow the occurrence of an after-hours party. Each and every violation of this provision shall be subject to a fine of $300 except in the event of an off-site owner/landlord in which case the off-site owner/landlord shall be issued a written notice of violation/warning for a first incident and shall be subject to the fine in this Subsection for the second such violation and for each and every violation thereafter.
(C) No person shall serve alcohol or otherwise act as a bartender during or at an after-hours party. Each and every violation of this provision shall be subject to a fine of $300.
(D) No owner or occupant shall hire, employ, encourage, manage, facilitate, suffer or allow a person to serve alcohol or otherwise act as a bartender during or at an after-hours party. Each and every violation of this provision shall be subject to a fine of $300 except in the event of an off-site owner/landlord in which case the off-site owner/landlord shall be issued a written notice of violation/warning for a first incident and shall be subject to the fine in this Subsection for the second such violation and for each and every violation thereafter.
(E) No person shall collect money in advance of, during or at an after-hours party for admission to an after-hours party. Each and every violation of this provision shall be subject to a fine of $300.
(F) No owner or occupant shall hire, employ, encourage, manage, facilitate, suffer or allow a person to collect money in advance of, during or at an after-hours party for admission to an after-hours party. Each and every violation of this provision shall be subject to a fine of $300 except in the event of an off-site owner/landlord in which case the off-site owner/landlord shall be issued a written notice of violation/warning for a first incident and shall be subject to the fine in this Subsection for the second such violation and for each and every violation thereafter.
(G) No person, commonly referred to as a “DJ”, shall deploy or use any electric, electronic, technical, computer or other audio equipment to provide musical entertainment at an after-hours party in a manner that violates the unreasonable noise ordinances of the city. Each and every violation of this provision shall be subject to a fine of $300. Any electric, electronic, technical, computer or other audio equipment to provide musical entertainment at an after-hours party may be confiscated by the Boston Police Department and may be retrieved only upon the full payment of any fine issued pursuant to this Subsection and upon the full payment of a storage fee in the amount of $20 per day or portion thereof that the equipment is stored.
(H) No owner or occupant shall hire, employ, encourage, manage, facilitate, suffer or allow a person, commonly referred to as a “DJ”, to deploy or use any electric, electronic, technical, computer or other amplified audio equipment to provide musical entertainment at an after-hours party in a manner that violates the unreasonable noise ordinances of the city. Each and every violation of this provision shall be subject to a fine of $300 except in the event of an off-site owner/landlord in which case the off-site owner/landlord shall be issued a written notice of violation/warning for a first incident and shall be subject to the fine in this Subsection for the second such violation and for each and every violation thereafter.
(I) No person shall purchase or procure alcohol for service or sale at an after-hours party. Each and every violation of this provision shall be subject to a fine of $300.
(CBC 1985 16-50.3; Ord. 2005 c. 5)
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