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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
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
17-1 LICENSING AND REGULATION OF ABORTIONS AND ABORTION CLINICS.
17-2 GASOLINE SERVICE STATIONS.
17-3 HAYMARKET-BLACKSTONE MARKET.
17-4 JUNK DEALERS, WEIGHERS AND MEASURERS.
17-5 MINORS’ LICENSES.
17-6 MISREPRESENTATION IN CONNECTION WITH JOB INCENTIVE PROGRAMS.
17-7 REAL ESTATE; REGULATION OF CERTAIN ACTIVITIES.
17-8 REGISTRATION OF KEEPERS OF SHOPS FOR BARTER, RENTAL OR SALE OF PRINTED MATTER OR MOTION PICTURE FILMS RESTRICTED TO ADULTS.
17-9 RECOMBINANT DNA TECHNOLOGY; USE REGULATIONS.
17-10 PERMITTING AND REGULATION OF MOBILE FOOD TRUCKS.
17-11 RESERVED.
17-12 SAFETY CONTROL MEASURES IN EVENT OF GAS LEAK OR OTHER EMERGENCIES.
17-13 THEATRICAL EXHIBITIONS AND PUBLIC AMUSEMENTS.
17-14 TRANSIENT VENDORS.
17-15 TRANSPORTATION OF HAZARDOUS MATERIALS BY MOTOR VEHICLE; REGULATIONS.
17-16 TRANSPORTATION OF HAZARDOUS MATERIALS BY RAIL; NOTIFICATION OF FIRE COMMISSIONER.
17-17 PRUDENTIAL AFFAIRS AND INTERNAL POLICE; REGISTRATION OF CERTAIN ARMED SECURITY GUARDS AND LICENSURE AS SPECIAL POLICE OFFICERS OPERATING IN A PUBLIC PLACE.
17-18 REGULATING THE PRACTICE OF BRINGING THEIR OWN ALCOHOLIC BEVERAGES ONTO THE PREMISES.
17-19 REGULATING ACOUSTIC LIVE ENTERTAINMENT.
17-20 REDUCTION OF CHECKOUT BAGS BY RETAIL ESTABLISHMENTS.
17-21 LICENSING AND REGULATING SHARED MOBILITY BUSINESSES.
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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17-17   PRUDENTIAL AFFAIRS AND INTERNAL POLICE; REGISTRATION OF CERTAIN ARMED SECURITY GUARDS AND LICENSURE AS SPECIAL POLICE OFFICERS OPERATING IN A PUBLIC PLACE.
   Pursuant to M.G.L. Chapter 40, Section 21 and in order to preserve the peace and good order in the city in public places so as to protect the public safety and maintain the discipline of the internal Police, the Police Commissioner is hereby authorized to require private armed security guards or watchmen who operate openly in the presence of the general public in a public place to register as herein provided and to obtain licensure as a special Police Officer; the Police Commissioner is further authorized to require businesses employing such armed guards or watchmen operating openly in the presence of the general public in public places to register as provided in this Section.
(CBC 1985 17-17; Ord. 2010 c. 1)
17-17.1   Armed Security Guard or Watchmen Registration.
   (A)   Any person employed in the city as a private security guard or watchman armed with a firearm whose services are performed openly in the presence of the general public in a public place as defined in Subsection 17-17.2, shall register with the Boston Police Commissioner by submitting supporting documentation:
      (1)   To demonstrate that such person holds a license to carry a firearm pursuant to M.G.L. Chapter 140, Section 131; and, where applicable;
      (2)   To demonstrate that such person is an employee of a licensee authorized to engage in such business pursuant to M.G.L. Chapter 147, Sections 22—30; and
      (3)   To identify the location of the public place(s) where such person is or will be assigned or employed as an armed security guard or watchman in Boston.
   (B)   For purposes of this Section only, the term ARMED shall have the meaning as defined in M.G.L. Chapter 140, Section 121.
(CBC 1985 17-17.1; Ord. 2010 c. 1)
17-17.2   Definition of Public Place.
   For the purposes of this Section, a PUBLIC PLACE shall be substantially the same as that defined in M.G.L. Chapter 272, Section 92A and shall be deemed to include any place which is open to and accepts or solicits the patronage of the general public such as a retail store or establishment, including those dispensing personal services. For the purposes of this Section only, PUBLIC PLACE shall not include places of entertainment or recreation, restaurants or bars or any public entity whether federal, commonwealth, municipal or any political subdivision of the commonwealth; nor shall public place include any entity or institution whose armed security guards or watchmen are employed in the capacity of commonwealth-licensed Special Police Officers pursuant to M.G.L. Chapter 22C, Sections 51—68.
(CBC 1985 17-17.2; Ord. 2010 c. 1)
17-17.3   Business Registration.
   Any private entity in the city conducting business within a public place that hires a private armed security guard whose assignment for any duration is to guard persons or property in such a public place openly in the presence of the general public as described in Subsection 17-17.7 shall register all required information as provided for by such rules or regulations promulgated, from time to time, by the Police Commissioner pursuant to this Section. However, such registration requirement may be delegated by contract to any person licensed under M.G.L. Chapter 147, Section 25. A copy of the delegation shall be submitted to the Police Commissioner.
(CBC 1985 17-17.3; Ord. 2010 c. 1)
17-17.4   Employment.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   EMPLOY or HIRE. Assigned or employed directly or indirectly by such business whether part-time, temporary or on a permanent basis regardless of whether the guard is an employee of such business or is employed by a contractor engaged in offering armed security guard services as permitted in M.G.L. Chapter 147, Section 22-30.
(CBC 1985 17-17.4; Ord. 2010 c. 1)
17-17.5   Armed Security Guards or Watchmen Licensed as Special Police Officers.
   (A)   Pursuant to M.G.L. Chapter 40, Section 21 and in order to preserve the peace and good order in such public places so as to protect the public safety and maintain the discipline of the internal Police, the Police Commissioner is hereby authorized to require private armed security guards or watchmen employed or assigned in the city openly and in the presence of the general public as described in Subsection 17-17.6, to be licensed by the Police Commissioner as a special Police Officer. This requirement for licensure as a Special Police Officer by the Police Commissioner shall not apply to armed security guards who are employed in the capacity of a commonwealth-licensed Special Police Officers pursuant to M.G.L. Chapter 22C, Sections 51—68, or those otherwise exempted by Subsection 17-17.2.
   (B)   On the application of any individual that the Police Commissioner may deem suitable for licensure as a Special Police Officer, such individual shall serve without pay from the city, and the corporation or person employing such individual as a Special Police Officer under this Section shall be liable for the official misconduct of the Officer licensed on such application, as for the torts of any servant or Agent in the employ of such corporation or person.
   (C)   A Special Police Officer shall have the power of Police Officers to preserve order and to enforce the laws and ordinances of the city, in and about any public place as defined in Subsection 17-17.2, for which he or she is hired as an armed security guard or watchman to serve openly in the presence of the public as described in Subsection 17-17.7.
(CBC 1985 17-17.5; Ord. 2010 c. 1)
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