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(A) The Inspectional Services Department shall have the power to issue violations, stop work, revoke permits and impose fines upon permit holders, developers, general contractors/construction managers and subcontractors found to be in non-compliance with this Section.
(B) Violations, stop work orders and the revocation of permits may be imposed by the assigned Building Inspector.
(C) Fines may be imposed by the Commissioner of the Inspectional Services Department at the recommendation of the Inspector of Buildings as follows.
(1) Fines to a maximum of $300 for each violation. A violation occurs where a general contractor/construction manager or subcontractor has not complied with this Section. Each day of non-compliance shall be considered a separate violation. The provisions of this Section may be enforced in accordance with the noncriminal disposition process of M.G.L. Chapter 40, Section 21D, and, if applicable, by seeking to restrain a violation by injunction or other court proceeding.
(2) Creation of a record of non-compliance with city policy that may be considered when awarding future construction contracts on city-funded projects and future permits.
(Ord. 2023 c. 6)
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CAMP MATERIALS. Items used to establish or facilitate occupancy of a campsite, including tents, tarps or other temporary structures, as well as large furniture, stoves and other cooking instruments.
CAMPSITE. Any place where a tent, tarp or other temporary structure is established for the purpose of maintaining an outdoor shelter.
CITY STORAGE PROGRAM POLICY. The city’s written policy for storage of eligible property.
ELIGIBLE PROPERTY. Items including, but not limited to, personal identification and documents, valuables, clothing, hygiene products and toiletries and items of basic necessities.
EMERGENCY SHELTER SPACE. A city-authorized location providing temporary shelter or alternative sleeping space practically available to persons experiencing homelessness. EMERGENCY SHELTER SPACE shall be at a shelter, housing accommodation or alternative sleeping space that maintains policies and procedures for accommodations under the Americans with Disabilities Act of 1990, being 42 U.S.C. §§ 12101 et seq.
PERIOD WHEN SHELTER IS UNAVAILABLE. A length of time in which there is no emergency shelter space available to individuals experiencing homelessness in the city.
TO CAMP. To pitch, erect or occupy a campsite or to use camp materials, or both, for the purpose of, or to facilitate, outdoor sheltering, either temporarily or permanently.
(Ord. 2023 c. 9)
(A) It is the purpose of this Section to promote public health, public safety, general welfare and the economic health and well-being of the city, its workers, visitors and residents, including individuals experiencing homelessness, by prohibiting unsanctioned camping and the dangerous and unsafe conditions surrounding such campsites.
(B) This Section seeks to improve access to housing and recovery services by restoring access to public spaces, the public rights-of-way and curtailing the existence of campsites that shield drug trafficking, human trafficking, weapons, fire hazards, violence and other criminal activity, and that create conditions for large crowds to congregate. It is also the purpose of this Section to protect the rights of individuals related to his or her personal property and to treat such property with respect and consideration.
(C) This Section shall apply to all campsites and camping on public property, including, but not limited to, streets, sidewalks and public rights-of-way.
(Ord. 2023 c. 9)
It is unlawful for any person to camp or maintain a campsite or camp materials in or on any public property or in the public right-of-way, including, but not limited to, any street, sidewalk, school or public park, unless specifically authorized or during a period when shelter is unavailable.
(Ord. 2023 c. 9)
(A) The prohibition against campsites and camping shall not apply during a period when shelter is unavailable.
(B) City Officials shall maintain daily, and revise regularly, a shelter list that is communicated throughout the day to the Boston Police Department and other City Departments for the purpose of identifying available shelter space.
(C) During a period when shelter is unavailable, or when a campsite is specifically authorized, a campsite or use of camping materials must comply with existing state and local laws to ensure the public health and safety of those in and around the campsite.
(D) During any period when shelter is unavailable, the Mayor’s Office of Housing, in consultation with the Boston Public Health Commission, the Boston Police Department and the Inspectional Services Department, is hereby authorized to promulgate any additional restrictions relative to the time, place and manner for camping, and density of campsites, in order to advance public health, maintain access to the public right-of-way and support the effective operation of facilities such as schools, shelters and health care institutions during such periods.
(Ord. 2023 c. 9)
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