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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
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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6-6.4   Payment of Fines.
   (A)   Any person receiving a violation notice may appear before the Parking Clerk, or his or her designee, and confess the offense charged, either personally, through an Agent duly authorized in writing, or by mailing to the Parking Clerk the notice accompanied by the fine provided therein. Payment by mail shall be made only by postal note, money order or check made out to the Parking Clerk. Payment in person may be made by cash, postal order, money order or check made out to the Parking Clerk and in the case of payment made in cash the Parking Clerk shall issue a receipt therefor. Payment of a fine shall operate as a final disposition of the case.
   (B)   The Transportation Commission shall, from time to time, establish by rule or regulation a schedule of fines for violations of any provision of any rule, regulation, order, ordinance or by-law regulating parking in the city. All such fines shall be uniform for the same offense committed in the same zone. Increase in such fines from the $15 limit set by M.G.L. Chapter 90, Section 20A½ shall be established by ordinance.
(Ord. 1982 c. 14; CBC 1985 6-6.4)
Editor’s note:
   The powers and duties of the Traffic and Parking Commission, the Traffic and Parking Commissioner and the Traffic and Parking Department were assumed by the Transportation Commission, the Transportation Commissioner and the Transportation Department respectively under the provisions of s. 20 of Ch. 608 of the Acts of 1986.
6-6.5   Hearings and Appeals.
   (A)   If any person, fails to appear and pay the prescribed fine within 21 days, as required by M.G.L. Chapter 90, Section 20A½, or if such person having appeared, within 21 days, as required by Section 20A½ of Chapter 90, desires not to avail himself or herself of the benefits of the procedure established by this Section, the Parking Clerk shall, as prescribed by Section 20A½ of Chapter 90, forthwith schedule the matter before a person hereafter referred to as a Hearing Officer. The Hearing Officer shall be the Parking Clerk or other such person as the Parking Clerk may designate.
   (B)   Written notice of the date, time and place of the hearing shall be sent by first-class mail to the registered owner. The hearing, as prescribed by M.G.L. Chapter 90, Section 20A½, shall be informal, the rules of evidence shall not apply and the decision of the Hearing Officer shall be final, subject to judicial review under M.G.L. Chapter 30A, Section 14.
   (C)   The Hearing Officer shall have authority to only adjudicate disputes as to the validity of the parking violation notices issued for violations of the rules and regulations of the Boston Traffic and Parking Commission.
   (D)   Proceedings for review of the decision of the Parking Clerk shall be instituted in the Suffolk Superior Court within 30 days after receipt of notice of the final decision of the Parking Clerk or if a petition for rehearing has been timely filed with the Parking Clerk, within 30 days after receipt of notice of the Parking Clerk’s denial of such petition for rehearing. The commencement of an action shall not operate as a stay of enforcement of the Parking Clerk’s decision, but the Parking Clerk may stay enforcement, and the reviewing court may order a stay upon such terms as it considers proper as prescribed by M.G.L. Chapter 30A, Section 14. The city shall, by way of answer, file in court the original or a certified copy of the record of the proceeding under review.
(Ord. 1982 c. 14; CBC 1985 6-6.5)
Editor’s note:
   The powers and duties of the Traffic and Parking Commission, the Traffic and Parking Commissioner and the Traffic and Parking Department were assumed by the Transportation Commission, the Transportation Commissioner and the Transportation Department respectively under the provisions of s. 20 of Ch. 608 of the Acts of 1986.
6-6.6   Impoundment of Vehicles.
   (A)   If any person shall have failed to appear in accordance with five or more said notices, the Parking Clerk shall, as prescribed by M.G.L. Chapter 90, Section 20A½, notify the Police Commissioner or Commissioner of Traffic and Parking that the vehicle involved shall be removed and stored or otherwise immobilized at the expense of the registered owner until such time as the matter has been disposed of in accordance with law. A notice announcing such action shall be mailed to the registered owner by the Parking Clerk.
   (B)   No motor vehicle impounded pursuant to an arrest for OUI may be released prior to the passing of 12 hours following the arrest.
   (C)   (1)   No motor vehicle impounded pursuant to an arrest for or an arrest related to manufacturing, compounding, processing, delivering, dispensing, distributing, importing or exporting of any controlled substance in violation of any provision of M.G.L. Chapters 94B, 94C, 94D, 94E, 94F, 94G or 94I or otherwise involving possession of a controlled substance, purchase of a controlled substance and/or distribution of a controlled substance may be released until:
         (a)   Forty-eight hours have passed from the time of the related arrest;
         (b)   A fine in the amount of $300 has been paid and evidence of payment is presented; and
         (c)   Seizure proceedings, if commenced, have been closed.
      (2)   All monies collected pursuant to this Section shall be dedicated and directed to drug treatment programs in the city and law enforcement programs targeting drug trafficking in the city.
   (D)   (1)   No motor vehicle impounded pursuant to arrest for or an arrest related to solicitation (M.G.L. Chapter 272, Section 8), common nightwalker (M.G.L. Chapter 272, Section 53), prostitution (M.G.L. Chapter 272, Section 53 via Chapter 277, Section 79), support from prostitution (M.G.L. Chapter 272, Section 7), room/building for prostitution (M.G.L. Chapter 272, Section 9), enticing (M.G.L. Chapter 272, Section 2), control of place for prostitution (M.G.L. Chapter 272, Section 6) and/or keeping a house of ill fame (M.G.L. Chapter 272, Section 24), may be released until:
         (a)   Forty-eight hours have passed from the time of the related arrest;
         (b)   A fine in the amount of $300 has been paid and evidence of payment is presented;
         (c)   All fees related to the towing and storage of the impounded vehicle have been paid and evidence of payment is presented; and
         (d)   Seizure proceedings, if commenced, have been closed.
      (2)   All fine monies collected pursuant to this Section shall be dedicated to prostitute recovery programs in the city and law enforcement programs targeting solicitation in the city.
(Ord. 1982 c. 14; CBC 1985 6-6.6; Ord. 2002 c. 10; Ord. 2004 c. 7; Ord. 2004 c. 8)
Editor’s note:
   The powers and duties of the Traffic and Parking Commission, the Traffic and Parking Commissioner and the Traffic and Parking Department were assumed by the Transportation Commission, the Transportation Commissioner and the Transportation Department respectively under the provisions of s. 20 of Ch. 608 of the Acts of 1986.
6-6.7   Nonrenewal of License and Registration.
   (A)   If any person fails to appear in accordance with the notice of a hearing, the Parking Clerk shall notify the Registrar of Motor Vehicles who shall, as required by M.G.L. Chapter 90, Section 20A½, place the matter on record and not renew the license to operate motor vehicles of the registered owner of the vehicle or the registration of said vehicle until after notice from the Parking Clerk that the matter has been disposed of in accordance with law.
   (B)   It shall be the duty of the Parking Clerk to notify the registrar forthwith that such case has been disposed of in accordance with law; provided, however, that a certified receipt of full and final payment form the Parking Clerk shall also serve as
legal notice, as prescribed by M.G.L. Chapter 90, Section 20A½, to the registrar that said violations have been disposed of.
(Ord. 1982 c. 14; CBC 1985 6-6.7)
6-6.8   Licensed Taxi Cabs and Leased Vehicles.
   (A)   Anything contained herein notwithstanding, if the registered owner of a motor vehicle involved in a parking violation subject to this Section is a person or entity engaged in the licensed taxicab business or the business of leasing motor vehicles, and such motor vehicle is under lease or being operated for hire at the time of such violation the procedures of this Subsection shall be applicable, and the registered owner shall be liable for any unpaid fines only upon compliance by the Parking Clerk as defined above with the procedures hereinafter set forth.
   (B)   The Parking Clerk shall give to the registered owner notice in writing of each violation in which a motor vehicle owned by such owner is involved, including the license number of the vehicle, state of issue and date and time of the violation.
   (C)   Within 30 days, the registered owner shall furnish to such Parking Clerk in writing the name and address of the lessee of such motor vehicle at the time of such violation and if the lessee is also the operator, the license number and state of issue of the license of such lessee.
   (D)   The Parking Clerk shall thereupon issue a notice of violation to such lessee in the form prescribed by this Section.
   (E)   If such lessee does not appear in person or by writing as otherwise provided in the ordinance or make payment within 21 days from the date on which such notice is issued, the Parking Clerk shall notify the registrar as provided by the provisions of M.G.L. Chapter 90, Section 20A and 20A½, and the Clerk of the Division of the District Court Department or Boston Municipal Court Department of the Trial Court having jurisdiction. Upon notification by the Parking Clerk, the Registrar shall suspend any license issued under this chapter or suspend the right to operate of a person not licensed in this commonwealth; and the Clerk of the District Court of the trial court having jurisdiction shall forthwith issue a criminal complaint against the lessee and thereafter proceed against such lessee following the procedures established for criminal cases.
   (F)   After notification of the Registrar and the Clerk of the District Court Department of the Trial Court having jurisdiction of nonpayment by the lessee within 21 days of the fine imposed by the city, the Parking Clerk shall notify by first-class mail, the registered owner of such nonpayment. The registered owner shall, within 30 days after receipt of such notice, pay the fine for such violation. If thereafter, any payment is received by the Parking Clerk from or on behalf of the lessee, the Parking Clerk shall forthwith reimburse to the registered owner the amount paid by such registered owner. If any payment is received by the court from or on the behalf of the lessee, the Clerk of the Division of the District Court Department or the Boston Municipal Court Department of the Trial Court having jurisdiction shall forward said payment to the Parking Clerk who shall forthwith reimburse to the registered owner the amount paid by such registered owner, if not previously reimbursed. The Registrar shall remove any suspension of license or right to operate upon the payment in full to the Parking Clerk of the fine and penalty for such violation by the lessee.
   (G)   The provisions of this Section shall be applicable to lessees of motor vehicles as provided herein.
   (H)   Any registered owner and Parking Clerk may by agreement upon such terms and conditions as they may deem appropriate provide for the transmission of the information hereinbefore referred to in divisions (B) and (C) above, on magnetic tape or in other computer readable format, in order to expedite completion of the foregoing procedures.
(Ord. 1982 c. 14; CBC 1985 6-6.8)
6-6.9   Agreements With Other Governmental Agencies.
   (A)   The Parking Clerk shall have the authority to enter into such agreements and contracts with other cities, towns and government Agencies within the commonwealth as may be necessary or expedient to effectuate the collection of fines and adjudication of parking violation notices.
   (B)   Such agreements and contracts shall be subject to the approval of the Corporation Counsel and the Mayor.
(Ord. 1982 c. 14; CBC 1985 6-6.9)
6-6.10   Statutes Applicable.
   This Section shall be construed to conform to the provisions of M.G.L. Chapter 90, Sections 20A½, 20C, 20D and 20E, as amended, and to M.G.L. Chapter 90C, Section 4A, as amended and other applicable laws of the commonwealth.
(Ord. 1982 c. 14; CBC 1985 6-6.10)
6-7   DISABLED VETERANS/HANDICAPPED PARKING.
6-7.1   Purpose.
   The purpose of this Section is to ensure Boston residents who are disabled veterans or handicapped have access to public and private facilities and services; to provide regulations for the designation, enforcement and penalty for misuse of parking areas designated as reserved for disabled veterans or handicapped persons; and to establish a temporary identification system for use of parking areas designated as reserved for disabled veterans or handicapped persons.
(Ord. 1983 c. 20; CBC 1985 6-7.1)
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