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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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16-57   PUBLIC NUISANCE PROPERTIES.
16-57.1   Purpose.
   The purpose of this Section is to empower the city to Police properties that have become a public nuisance by exhibiting a notorious atmosphere of criminal and other disturbing activity so elevated as to endanger the common good and general welfare of a specific neighborhood or the city in general.
(CBC 1985 16-57.1; Ord. 2011 c. 10)
16-57.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   PROBLEM PROPERTY. Meets the following criteria:
      (1)   The Boston Police Department has been called to the property not fewer than four times within the preceding 12-month period for any incident involving any criminal offense including, but not limited to, disturbing the peace, trespassing, underage drinking or assault;
      (2)   The Air Pollution Control Commission has received not fewer than four sustained complaints for noise within the preceding 12-month period; or
      (3)   The Inspectional Services Department or the Public Health Commission have received not fewer than four sustained and upheld complaints within the preceding 12-month period for noxious, noisome or unsanitary conditions. Provided, however, that in making a final designation of a property as a PROBLEM PROPERTY, the Chair of the Task Force shall take into consideration the nature of the complaints, the number of dwelling units at the property and the nature of the use of said property.
   PUBLIC NUISANCE. An unreasonable interference with a right common to the general public, such as a condition dangerous to health, offensive to community moral standards or that otherwise threatens the general welfare of a neighborhood or the city in general through documented pervasive criminal activity, code violations or other causes precipitating the deployment of any city resource.
(CBC 1985 16-57.2; Ord. 2011 c. 10)
16-57.3   Application.
   Any property in the city that is found by the Mayor’s Problem Properties Task Force to be a problem property as defined in Subsection 16-57.2 shall constitute a public nuisance. The Chair of the Task Force shall formally communicate to the Mayor, and the Council President, that a property falling within the definition of problem property is a public nuisance. The Chair of the Task Force shall designate the appropriate member of the Task Force to notify the owner of the property by regular and certified mail and the tenants by affixing a notice of the violation to the front door.
(CBC 1985 16-57.3; Ord. 2011 c. 10)
16-57.4   Enforcement.
   After declaring the problem property a public nuisance, the members of the Task Force heading the originating Department or the designee of the Chair of the Task Force shall issue a citation to any or all of the tenants and the owner of the property immediately for perpetuating the public nuisance at the time of any incident requiring the deployment of any City resources or personnel following the property being placed on the problem properties list.
(CBC 1985 16-57.4; Ord. 2011 c. 10)
16-57.5   Non-Criminal Dispositions.
   In accordance with M.G.L. Chapter 40, Section 21D, the city may pursue a non-criminal disposition of any citation issued for violations under this chapter.
(CBC 1985 16-57.5; Ord. 2011 c. 10)
16-57.6   Penalties.
   Any tenant residing within or owner of a problem property declared to be a public nuisance cited under this chapter with violations prescribed by the commonwealth’s Sanitary Code or the commonwealth’s Building Code shall be fined up to $300 for each criminal or non-criminal citation authorized by said codes caused by their acts or omissions subsequent to the property being added to the problem property list. If the violation is ongoing, each day that the violation persists will constitute a separate violation for which an additional $300 fine will be imposed.
(CBC 1985 16-57.6; Ord. 2011 c. 10)
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