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16-63.6   Enforcement.
   (A)   Enforcement officials. This Section shall be enforced by the Mayor’s Office or the Mayor’s designee.
   (B)   Suppression. No data collected or derived from any use of surveillance technology 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 other authority subject to the jurisdiction of the city.
   (C)   Cause of action. 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. An action instituted under this division (C) shall be brought against 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.
   (D)   Addressing violations. The city will address alleged violations of this Section in accordance with its usual practices, applicable law and contractual obligations.
   (E)   Whistleblower protections. Subject to the limitations and requirements set forth in M.G.L. Chapter 149, Section 185 (the “Commonwealth Whistleblower Statute” or “Section 185”) as it may be amended from time to time, any city employee as defined in Section 185 who reports an alleged violation of this Section, shall be afforded protections against retaliation if applicable pursuant to Section 185, as set forth in and subject to the limitations and requirements of Section 185.
   (F)   Nothing in this Section shall be construed to limit or affect any individual’s rights under commonwealth or federal laws.
(CBC 1985 16-63.6; Ord. 2021 c. 14)
16-63.7   Severability.
   The provisions in this Section are severable. If any part or provision of this Section, or the application of this Section to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of this Section shall not be affected by such holding and shall continue to have full force and effect.
(CBC 1985 16-63.7; Ord. 2021 c. 14)
16-63.8   Effective Date and Implementation.
   The effective date and implementation of the ordinance shall be as follows.
   (A)   The ordinance shall take effect and be implemented in the manner and ways described in this Section.
   (B)   The ordinance shall take effect notwithstanding any other provision of law and shall supersede any prior law and regulation enacted by the city and/or any agreement entered into by the city or any of its Agencies that are interpreted to be in conflict with its provisions.
   (C)   Subsections 16-63.1, 16-63.2, 16-63.4, 16-63.6 and 16-63.7 shall take effect one month after its adoption in accordance with the following provisions.
      (1)   Every School Safety Specialist shall create a record of historic student reports.
      (2)   Within four months of the effective date:
         (a)   The historic student reports that do not conform with Subsection 16-63.4(A)(1) shall be destroyed, in both print and electronic form; provided that such destruction is permitted under the commonwealth law relating to retention of records;
         (b)   The historic student reports that conform with Subsection 16-63.4(A)(1) can be retained; provided there is a previous certification by the BPS Legal Advisor that their creation meets such requirements; and
         (c)   All reports created more than five years ago shall be destroyed.
      (3)   Within six months of the Effective Date, the Head of the School Safety Specialists and the Legal Advisor must submit a report to the Community Information-Sharing Oversight Board. Such report must contain:
         (a)   The number of historic student reports, including the format or file type of the report, description of each incident, disaggregated by race, ethnicity, gender, age and grade level of each student who is named in the report;
         (b)   The number of historic student reports retained in accordance with division (C)(2)(a) above; and
         (c)   The number of historic student reports destroyed in accordance with divisions (C)(2)(b) and (C)(2)(c) above.
      (4)   No more than one month after receiving such report, the Community Information-Sharing Oversight Board shall call a public hearing to discuss the Historic Student Reports. The Head of the School Safety Specialists as well as individual School Safety Specialists shall be present at such public hearing.
   (D)   Subsections 16-63.3 and 16-63.5 shall take effect nine months after their adoption.
(CBC 1985 16-63.8; Ord. 2021 c. 14)
16-63.9   Establishment of a Surveillance, Data and Privacy Working Group.
   (A)   The Working Group shall be tasked with identifying a set of priorities and implementable objectives to increase the transparency, accountability and engagement around the public deployment of technology and use of data within city Departments not covered by this Section.
   (B)   The Working Group will move forward sustainable policies to increase engagement on the topic of privacy and supply recommendations on professional development opportunities and training for city staff.
   (C)   The Working Group must produce recommendations for implementation within one year from the date of adoption to the Mayor and Boston City Council.
   (D)   The Working Group shall comprise a representative from the Mayor’s Office of New Urban Mechanics, a representative from the Department of Innovation and Technology, a representative from the Boston City Council to be chosen by the Boston City Council President, a representative from the commonwealth’s American Civil Liberties Union, a representative from the community-at-large to be chosen by SIM and a representative appointed by the Mayor.
   (E)   The Working Group will dissolve upon the publication of recommendations to the Mayor and Boston City Council.
   (F)   The Working Group seats shall be filled within one month of this Section’s passage and the Group shall convene for its first meeting one month thereafter.
(CBC 1985 16-63.9; Ord. 2021 c. 14)
16-64   AN ORDINANCE REGARDING TARGETED RESIDENTIAL PICKETING.
   (A)   It shall be unlawful for any person to engage in targeted residential picketing between the hours of 9:00 p.m and 9:00 a.m.
   (B)   For the purpose of this Section, targeted residential picketing means picketing, protesting or demonstrating, with or without signs, that is specifically directed towards one or more occupants of a particular residence and which takes place before or about the particular targeted residence. Those engaged in targeted residential picketing between the hours of 9:00 a.m. and 9:00 p.m. remain subject to all other ordinances and commonwealth statutes, including, but not limited to, laws concerning excessive noise, disturbing the peace, harassment and blocking of streets and sidewalks.
   (C)   Any violation of this Section shall be punishable by a fine of $50 for the first offense in any 12-month period, $150 for the second offense in any 12-month period and $300 for any third and subsequent offense in any 12-month period. All fines issued under this Section shall be enforced pursuant to the non-criminal disposition procedures of M.G.L. Chapter 40, Section 21D, which procedures are incorporated herein by reference.
   (D)   This Section shall be enforced by the Boston Police Department. Any information obtained from enforcement of this Section shall not be included in any database maintained by the Boston Regional Intelligence Center.
   (E)   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.
(CBC 1985 16-64.1; Ord. 2022 c. 2 § 1)
16-65   SAFE CONSTRUCTION AND DEMOLITION OPERATIONS IN THE CITY.
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