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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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16-51.1   Prohibition Against Sale.
   No person shall sell or display for sale a device used to smoke freebase or crack cocaine known as a “crack pipe”. A crack pipe is generally made from a small glass tube that is on average, 4 inches to 5 inches long and approximately ¼ inch in diameter and is sometimes referred to as a “stem”, “horn”, “blaster” or “straight shooter”. Crack pipes sometimes contain a small paper flower and may be promoted as a romantic gift with the buyers usually requesting a “rose” or a “flower”.
(CBC 1985 16-51.1; Ord. 2007 c. 4)
16-51.2   Prohibition Against Possession.
   No person shall possess a device used to smoke freebase or crack cocaine known as a “crack pipe”. A crack pipe is generally made from a small glass tube that is on average, 4 inches to 5 inches long and approximately ¼ inch in diameter and is sometimes referred to as a “stem”, “horn”, “blaster” or “straight shooter”. Crack pipes sometimes contain a small paper flower and may be promoted as a romantic gift with the buyers usually requesting a “rose” or a “flower”.
(CBC 1985 16-51.2; Ord. 2007 c. 4)
16-51.3   Penalty.
   A violation of these Sections shall be punished by a fine in the amount of $300. Each and every crack pipe shall be considered to be a separate and distinct violation.
(CBC 1985 16-51.3; Ord. 2007 c. 4)
16-51.4   Implementation.
   The provisions of these Sections shall be effective immediately upon passage.
(CBC 1985 16-51.4; Ord. 2007 c. 4)
16-52   MAINTENANCE OF VACANT, FORECLOSING RESIDENTIAL PROPERTIES.
16-52.1   Purpose.
   (A)   It is the intent of this Section to protect and preserve public safety, security and quiet enjoyment of occupants, abutters and neighborhoods by:
      (1)   Requiring all residential property owners, including lenders, trustees and service companies, to properly maintain vacant and/or foreclosing properties; and
      (2)   Regulating the maintenance of vacant and/or foreclosing residential properties to prevent blighted and unsecure residences.
   (B)   The Commissioner of the Inspectional Services Department has enforcement authority pursuant to, inter alia, M.G.L. Chapter 143, Section 3, the commonwealth’s Building Code and the city’s Zoning Code.
   (C)   Delegation of authority: The Commissioner of the Inspectional Services Department may delegate enforcement of this Section to any City Department authorized to enforce public safety, health or environmental laws and regulations.
(CBC 1985 16-52.1; Ord. 2008 c. 1; Ord. 2014 c. 1 § 4)
16-52.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CITY. The City of Boston.
   COMMISSIONER. The Commissioner of the Inspectional Services Department.
   DAYS. Consecutive calendar days.
   FORECLOSING. The process by which a property, placed as security for a real estate loan, is prepared for sale to satisfy the debt if the borrower defaults.
   INITIATION OF THE FORECLOSURE PROCESS. Taking any of the following actions:
      (1)   Taking possession of a residential property pursuant to M.G.L. Chapter 244, Section 1;
      (2)   Delivering the mortgagee’s notice of intention to foreclose to the borrower pursuant to M.G.L. Chapter 244, Section 17B; or
      (3)   Commencing a foreclosure action on a property in either the Land Court or Suffolk Superior Court.
   LOCAL. Within 20 driving miles distance of the property in question.
   MORTGAGEE. The creditor, including, but not limited to, service companies, lenders in a mortgage agreement and any agent, servant or employee of the mortgagee, or any successor in interest and/or assignee of the mortgagee’s rights, interests or obligations under the mortgage agreement.
   OWNER. 
      (1)   Every person, entity, service company, property manager or real estate broker, who alone or severally with others:
         (a)   Has legal or equitable title to any dwelling, dwelling unit, mobile dwelling unit or parcel of land, vacant or otherwise, including a mobile home park;
         (b)   Has care, charge or control of any dwelling, dwelling unit, mobile dwelling unit or parcel of land, vacant or otherwise, including a mobile home park, in any capacity including, but not limited to, agent, executor, executrix, administrator, administratix, trustee or guardian of the estate of the holder of legal title;
         (c)   Is a mortgagee in possession of any such property;
         (d)   Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or
         (e)   Is an officer or trustee of the association of unit owners of a condominium. Each such person is bound to comply with the provisions of these minimum standards as if he or she were the owner. However, this Section shall not apply to a Condominium Association created pursuant to M.G.L. Chapter 183A to the extent that such Association forecloses on or initiates the foreclosure process for unpaid assessments due or owing to the Association.
      (2)   OWNER also means every person who operates a rooming house; or is a trustee who holds, owns or controls mortgage loans for mortgage backed securities transactions and has initiated the foreclosure process.
   PROPERTY. Any real, residential property, or portion thereof, located in the city, including building or structures situated on the property. For purposes of this Section only, PROPERTY does not include property owned or subject to the control of the city or any of its’ governmental bodies. Such property includes, but is not limited to, property owned or controlled by the Boston Redevelopment Authority, Boston Housing Authority and Department of Neighborhood Development.
   RESIDENTIAL PROPERTY. Any property that contains one or more dwelling units used, intended or designed to be occupied for living purposes.
   SECURING. Measures that assist in making the property inaccessible to unauthorized persons.
   VACANT. Any property not currently legally occupied and not properly maintained or secured.
(CBC 1985 16-52.2; Ord. 2008 c. 1)
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