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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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16-61   REGULATION OF LETTER GRADING OF FOOD ESTABLISHMENTS AND FOOD TRUCKS.
16-61.1   Purpose.
   This Section is applicable to the Boston Inspectional Services Department letter grading system of health inspections of food establishments and food trucks within the city.
(CBC 1985 16-61.1; Ord. 2016 c. 14 § 1)
16-61.2   Definition.
   For the purpose of this Section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   LETTER GRADE. An Inspectional Services Department Health Division issued designation to display a letter grade corresponding to a food establishments’ and/or food trucks’ health inspection.
(CBC 1985 16-61.2; Ord. 2016 c. 14 § 1)
16-61.3   Requirements.
   (A)   A person operating a food establishment or food truck and subject to food code health inspections pursuant to the F.D.A. 2013 Food Code 8-1 through 8-5 and as adopted by reference in 105 CMR 590 must post its Inspectional Services Department issued letter grade immediately after receipt, unobstructed, at eye-level, facing outward on an exterior-facing wall or window within 5 feet of the main entrance in the interior of the restaurant.
   (B)   During the first year of implementation and passage of this Section, the health inspection grade will be optional to be posted in the food establishment or food truck. The letter grade shall be available on the city’s Mayor’s Food Court website.
(CBC 1985 16-61.3; Ord. 2016 c. 14 § 1)
16-61.4   Enforcement and Penalty.
   A person or entity operating a food establishment or food truck that fails to post the letter grade designation or alters the designation shall be punished by a fine of $300 for each offense. Each day shall constitute a new offense.
(CBC 1985 16-61.4; Ord. 2016 c. 14 § 1)
16-61.5   Appeal.
   A person aggrieved by the requirements of this Section may seek an administrative appeal to the Inspectional Services Department. Any person aggrieved by a final decision under this Section by the Inspectional Services Department, may seek relief in any court of competent jurisdiction as provided by the laws of the commonwealth.
(CBC 1985 16-61.5; Ord. 2016 c. 14 § 1)
16-62   ORDINANCE BANNING FACE SURVEILLANCE TECHNOLOGY IN BOSTON.
   (A)   Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      BOSTON. Any Department, Agency, Bureau and/or subordinate division of the city.
      BOSTON OFFICIAL. Any person or entity acting on behalf of the city, including any officer, employee, agent, contractor, subcontractor or vendor.
      FACE SURVEILLANCE. An automated or semi-automated process that assists in identifying or verifying an individual, or in capturing information about an individual, based on the physical characteristics of an individual’s face.
      FACE SURVEILLANCE SYSTEM. Any computer software or application that performs face surveillance.
   (B)   Ban on city use of face surveillance.
      (1)   It shall be unlawful for Boston or any Boston official to:
         (a)   Obtain, retain, possess, access or use:
            1.   Any face surveillance system; or
            2.   Information derived from a face surveillance system.
         (b)   Enter into an agreement with any third party for the purpose of obtaining, retaining, possessing, accessing or using, by or on behalf of Boston or any Boston official any face surveillance system; or
         (c)   Issue any permit or enter into any other agreement that authorizes any third party, on behalf of Boston or any Boston official, to obtain, retain, possess, access or use:
            1.   Any face surveillance system; or
            2.   Information derived from a face surveillance system.
      (2)   Nothing in division (B)(1) shall prohibit Boston or any Boston official from:
         (a)   Using evidence relating to the investigation of a specific crime that may have been generated from a face surveillance system, so long as such evidence was not generated by or at the request of Boston or any Boston official;
         (b)   Obtaining or possessing:
            1.   An electronic device, such as a cell phone or computer, for evidentiary purposes; or
            2.   An electronic device, such as a cell phone or tablet, that performs face surveillance for the sole purpose of user authentication.
         (c)   Using face recognition on an electronic device, such as a cell phone or tablet, owned by Boston or by any Boston official, for the sole purpose of user authentication;
         (d)   Using social media or communications software or applications for communicating with the public; provided such use does not include the affirmative use of any face surveillance;
         (e)   Using automated redaction software; provided such software does not have the capability of performing face surveillance; or
         (f)   Complying with the National Child Search Assistance Act of 1990, being 34 U.S.C. §§ 41307 et seq.
   (C)   Enforcement.
      (1)   Face surveillance data collected or derived in violation of this Section shall be considered unlawfully obtained and shall be deleted upon discovery, subject to applicable law.
      (2)   No data collected or derived from any use of face surveillance in violation of this Section and no evidence derived therefrom may be received in evidence in any proceeding in or before any Department, Officer, Agency, regulatory body, legislative committee or authority subject to the jurisdiction of the city.
      (3)   Any violation of this Section constitutes an injury and any person may institute proceedings for injunctive relief, declaratory relief or writ of mandate in any court of competent jurisdiction to enforce this Section. A court shall award costs and reasonable attorneys’ fees to a plaintiff who is the prevailing party in such proceedings. An action instituted under this division (C)(3) shall be brought against the respective City Department, and the city and, if necessary to effectuate compliance with this Section, any other governmental Agency with possession, custody or control of data subject to this Section.
      (4)   Violations of this Section by a city employee shall result in consequences that may include retraining, suspension or termination, subject to due process requirements and provisions of collective bargaining agreements.
      (5)   Nothing in this Section shall be construed to limit any individual’s rights under commonwealth or federal law.
   (D)   Severability.
      (1)   If any provision of this Section shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
   (E)   Effective date. The provisions of this Section shall be effective immediately upon passage.
(CBC 1985 16-62; Ord. 2020 c. 2)
16-63   ORDINANCE ON SURVEILLANCE OVERSIGHT AND INFORMATION SHARING
16-63.1   Purpose.
   The purpose of this Section is to provide accountability, transparency and oversight regarding the acquisition and use of surveillance technology and surveillance data by the city and its Agencies and Officers, and to protect privacy, civil rights and racial and immigrant justice while allowing for appropriate use to assist in the charge of improving delivery of services and public safety.
(CBC 1985 16-63.1; Ord. 2021 c. 14)
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