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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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16-58   OVER-THE-AIR DEVICES (“OTARD”).
16-58.1   Purpose.
   This Section is applicable to the installation, maintenance, use or removal of over-the-air reception devices (“OTARD”), for residential and non-residential properties within the city.
(CBC 1985 16-58.1; Ord. 2012 c. 3)
16-58.2   Definitions.
   (A)   (1)   For purposes of this Section, the terms SATELLITE DISH and ANTENNA have the same meaning as that provided for by the Federal Communications Commission’s rules at 47 C.F.R. § 1.4000. SATELLITE DISH and ANTENNA shall mean such device that is one meter or less in diameter, and is designed to receive broadcast satellite service, including direct-to-home satellite services or to receive or transmit fixed wireless signals via satellite; or receive video programming services via wireless cable or to receive or transmit fixed wireless signals other than satellite; or to receive television broadcast signals. Hereinafter, the terms SATELLITE DISH and ANTENNA shall be referred to collectively as eligible devices.
      (2)   It is further defined that eligible devices are those actively subscribed or used by OTARD users, and such use and subscription are not effectively terminated or expired.
   (B)   (1)   An OTARD USER is defined as any person who requested the installation of eligible devices or actively subscribed the services via the eligible devices defined in division (A) above. The OTARD users, either an individual or legal person, or any combination of both, must have certain leasehold or a proprietary interest in the properties where the eligible devices are installed or used.
      (2)   The other responsible parties are anyone other than OTARD users, who can be either an individual or legal person, or any combination of both, and who are responsible for maintenance and removal of OTARD devices.
   (C)   An OTARD INSTALLER is defined as any person who installed eligible devices upon request of OTARD user defined in division (B) above The OTARD INSTALLER can be individuals or legal persons or any combination of both. The installers include their affiliate service providers.
   (D)   NON-USE DEVICES are not eligible devices, and they are not actively subscribed or used by the OTARD users or their use and subscription are effectively terminated or expired.
   (E)   The DEPARTMENT means the Inspectional Services Department of the city.
   (F)   A UNIFIED STATEMENT means a written form approved by the Department, which includes, but not limited to, the following:
      (1)   The name, address and contact information of OTARD user(s), including the valid contact information of the property owner if the user is not the owner;
      (2)   The name, address and valid contact information of OTARD installers;
      (3)   The street address of the property where the OTARD is installed and approximate location of installation;
      (4)   The statement that the eligible devices installed are actively subscribed and used by OTARD users, and maintained or removed, if use and subscription are effectively terminated or expired by such user(s) or other responsible party, and their valid contact information;
      (5)   If applicable, a statement by OTARD installers or users that there is no alternative location available within the properties without unreasonable increase of cost of installation, use or maintenance or lack of installation will impair the OTARD users ability to receive acceptable quality signals;
      (6)   If applicable, legitimate safety hazard being appropriately addressed; and
      (7)   If applicable, any information on existing non-use devices, and their removal status.
(CBC 1985 16-58.2; Ord. 2012 c. 3)
16-58.3   Installations.
   Effective on or after the effective date of this Section, no eligible devices can be installed without applicable approval if such installation:
   (A)   Interferes with historic preservation;
   (B)   Constitutes a legitimate safety hazard, including, but not limited to, placing eligible devices within the roofs, hallways, walkways or the exterior walls unless such safety hazard is appropriately addressed. Legitimate safety hazards also include, but are not limited to, installations around fire escapes, windows, emergency exits or critical utilities infrastructures, which may cause personal injury, death or property damages;
   (C)   Are not located within the exclusive use or control of OTARD users, including, but not limited to, roofs, hallways, walkways or exterior walls; and
   (D)   Is between the exterior walls of properties and streets of public travel unless an alternative location(s) impairs or imposes reception of acceptable quality of signal or imposes unreasonable increase of expense or delay.
(CBC 1985 16-58.3; Ord. 2012 c. 3)
16-58.4   Use and Maintenance.
   Effective on or after the effective date of this Section, the OTARD user and installers must notify the Department, within 30 days of installation of eligible devices in the unified statement of the party responsible for the maintenance and removal of such devices.
(CBC 1985 16-58.4; Ord. 2012 c. 3)
16-58.5   Removal.
   (A)   The installer must use its best efforts to notify the users or other responsible parties about effective expiration or termination of active use or subscription.
   (B)   For any eligible device, installed or already in active use or subscription on or after the effective date of this Section, the OTARD installer, user or other responsible party must, within 60 days upon expiration or termination of active use or subscription, remove, at their own cost and expense, the non-use devices from the properties. The removal deadlines in divisions (D) and (F) below shall not be applicable to this Subsection.
   (C)   (1)   For properties with existing non-use devices, no new eligible devices shall be installed after effective date of this Section, unless and until such existing devices are removed, or caused to be removed, at installers own cost and expenses. If lack of new installation impairs the ability of the OTARD user to receive an acceptable quality signal or imposes an unreasonable increase of expense or delay, the installer must remove the existing non-use devices within ten days of new installation. The deadlines in division (B) above and divisions (D) and (F) below shall not be applicable to this Subsection.
      (2)   The user or/and other responsible parties, and installer must work cooperatively, to the best of their ability, to identify and remove such non-use devices.
   (D)   Excluding those described in divisions (B) and (C) above, if the existing non-use devices can be reasonably identified by and/or with a particular installer, such installer must remove such devices at their own cost and expenses no later than January 1, 2014.   
   (E)   The installers must use the resources available, such as billing, account information and installation and maintenance record, in good faith to make such identification, and must relate such information to users or other responsible parties, and the Department in reasonable fashion.
   (F)   Excluding those described in divisions (B), (C) and (D) above, if the existing non-use devices cannot be reasonably identified by and/or with a particular installer as described in division (D) above, the users or other responsible parties of the properties must remove them at their own cost and expenses no later than January 1, 2015.
(CBC 1985 16-58.5; Ord. 2012 c. 3)
16-58.6   Unified Statement.
   (A)   The OTARD user, other responsible parties and installer must file or notify the Department in unified statement for activities outlined in Subsections 16-58.3,16-58.4 and 16-58.5.
   (B)   The copies of signed unified statements for installation, maintenance and removal must be provided to the OTARD users, the other responsible parties and the Department. The OTARD installer must maintain a record of such statement at its Office with regular business no less than two years after the effective termination or expiration of use or subscription.
(CBC 1985 16-58.6; Ord. 2012 c. 3)
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