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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)
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)
(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)
(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)
(A) The Department will assume primary jurisdiction to ensure, among others, legitimate safety objectives in association with installation, use, maintenance and removal of the OTARD devices. The Department shall promulgate rules and regulations if necessary to implement the provisions of this Section.
(B) Non-compliance with Subsections 16-58.3 and 16-58.5 may constitute violations of applicable commonwealth and city building regulations and requirements, and result in applicable enforcement actions.
(CBC 1985 16-58.7; Ord. 2012 c. 3)
The purpose of this chapter is to protect the public health and safety of the residents of Boston from the dangers and ill effects of synthetic cannabinoids (commonly known as “Spice” or “K2”), and other synthetic drugs. Without the prohibitions enacted by this chapter, these synthetic drugs can be possessed by individuals without the city’s ability to control the negative effects to the health, safety and welfare of the residents of Boston. These negative effects include, but are not limited to, psychoactive behavior and reactions, serious injury and death caused by its consumption.
(CBC 1985 16-59.1; Ord. 2015 c. 6 § 1)
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMISSIONER. The Commissioner of the Boston Police Department, or his or her designee.
PERSON. An individual, corporation, limited liability company, partnership, wholesaler, retailer and any license or unlicensed business, including clerk, manager or owner of business.
SYNTHETIC CANNABINOIDS. Any chemical compound chemically synthesized and either:
(1) Has been demonstrated to have binding activity at one or more cannabinoid receptors; or
(2) Is a chemical analog or isomer of a compound that has been demonstrated to have binding activity at one or more cannabinoid receptors. Includes, but is not limited to: HU-210; HU-211/dexanabinol; JWH-018; JWH-073; JWH-081; JWH-200; JWH-250; CP 47,497; and homologues.
(CBC 1985 16-59.2; Ord. 2015 c. 6 § 2)
It shall be unlawful for any person to possess, provide, sell, barter, produce, manufacture, distribute or to offer, display, market or advertise for sale, or purchase with the intent to provide, sell, barter, produce, manufacture or distribute, or to offer, display, market or advertise for sale any synthetic cannabinoid as defined in the provisions of this chapter.
(CBC 1985 16-59.3; Ord. 2015 c. 6 § 3)
The Commissioner, or designee, shall have the authority to implement and enforce the provisions of these Sections. The Commissioner, or designee, shall promulgate rules and regulations necessary to implement the provisions of these Sections, pursuant to M.G.L. Chapter 30A.
(CBC 1985 16-59.4; Ord. 2015 c. 6 § 4)
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