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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
7-1 CONSERVATION COMMISSION.
7-2 AIR POLLUTION CONTROL COMMISSION.
7-3 BAY VILLAGE HISTORIC DISTRICT.
7-4 PARKS AND RECREATION DEPARTMENT.
7-5 CEMETERY DIVISION.
7-6 FREEDOM TRAIL COMMISSION.
7-7 TRANSPORTATION DEPARTMENT.
7-8 MOTOR VEHICLE MANAGEMENT BUREAU.
7-9 ANIMAL CONTROL COMMISSION.
7-10 ESTABLISHING FOR A LIMITED TIME A SPECIAL COMMISSION TO BE KNOWN AS THE ALLSTON/BRIGHTON COMMONWEALTH AVENUE COMMISSION.
7-11 CLEAN CITY COMMISSION.
7-12 ENVIRONMENTAL ORDINANCE ENFORCEMENT COMMISSION.
7-13 RECYCLING PROGRAM.
7-13A ACCESS TO RECYCLING PROGRAMS AND SERVICES - LARGE RESIDENTIAL BUILDINGS WITH MORE THAN SIX UNITS.
7-14 INDOOR AIR QUALITY.
7-15 BOSTON COMMEMORATION COMMISSION.
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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7-4.10   Restrictions on Park Frontages.
   No building or structure or any part thereof hereafter erected or altered on land which abuts on and has an entrance into and is within a distance of 100 feet from the following: The Fens (excepting Charlesgate East and Charlesgate West from a point 100 feet north from their intersection with Commonwealth Avenue to Charles River); Riverway, including Park Drive, from Brookline Avenue to Beacon Street; Commonwealth Avenue, from Arlington Street to a line drawn parallel to and 130 feet west of Charlesgate West, and from a line parallel to and 135 feet south of the southerly line of Mt. Hood Road, as extended across Commonwealth Avenue, to the Newton line; Jamaicaway; Olmsted Park; Arborway; Columbia Road on the southerly side from Sumner Street to Dorchester Avenue, and from Buttonwood Street to Marine Park, and on the northerly side from Boston Street to Dorchester Avenue, and from Buttonwood Street to Marine Park, South Boston; shall be used for a livery or public stable or public garage, or for any mechanical, mercantile or manufacturing purposes, nor, excepting churches and chapels, shall the extreme height of said buildings or structures exceed 70 feet from the mean grade of the edgestone or sidewalk on the front facing said parkway, exclusive of such steeples, towers, domes, cornices, parapets, balustrades, sculptured ornaments, chimneys and roofs as the Parks and Recreation Commission shall approve; and no roof on any of the aforementioned buildings shall be used for laundry or clothes-drying purposes; provided, however, that the provision restricting the extreme height of buildings to 70 feet from the mean grade of the edgestone or sidewalk shall not apply to buildings or structures or any part thereof now being or hereafter erected or altered on the lot of land on Commonwealth Avenue known and numbered as 2000 Commonwealth Avenue; and provided also that as to the lot of land to the southwest corner of Commonwealth Avenue and Massachusetts Avenue the prohibition of the use of building for mercantile purposes shall apply only to so much of any building erected thereon as lies within 50 feet of the southerly line of Commonwealth Avenue; and provided further, however, that the prohibition of the use of building for mercantile purposes shall not apply to the lot of land on Ipswich Street bounded by and making the northwest corner of Charlesgate West and Boylston Street; provided further, however, that the prohibition of the use of any said buildings and structures for a public garage and the restriction on the extreme height of said buildings or structures to 70 feet shall not apply to the lot or land bounded by the Riverway, Francis Street and Brookline Avenue; and provided further, however, that for a distance of 100 feet running westerly along Commonwealth Avenue from the northwesterly and southwesterly corners of Commonwealth Avenue where it intersects with Arlington Street, Berkeley Street, Clarendon Street and Dartmouth Street and for a further distance of 47 feet running westerly along the southerly side of Commonwealth Avenue from the line which is 100 feet westerly of the southwesterly corner of Commonwealth Avenue where it intersects with Arlington Street, for a total distance of 147 feet from such corner, the following provisions shall apply, anything hereinbefore contained in this Section to the contrary notwithstanding.
   (A)   Buildings on the corners at the Arlington Street intersection may be built to a height not exceeding 285 feet to the top of the parapet or cornice line and buildings on the northwesterly and southwesterly corners at the Berkeley, Clarendon and Dartmouth Street intersections may be built to a height not exceeding 200 feet to the top of the parapet or cornice line.
   (B)   Any building or portion of a building attached to or appurtenant to a building erected or altered to a height in excess of 70 feet on any of the aforementioned eight corners shall be built to a height not less than 50 feet.
   (C)   Steeples, towers, domes, balustrades, sculptured ornaments, chimneys, roofs, aerials, antennae, elevator and mechanical penthouses, water tanks, monitors or other structures normally built above the roof and not devoted to human occupancy shall not be included in the computation of height of buildings for purposes of divisions (A) and (B) above.
   (D)   The prohibition of use for mercantile purposes hereinbefore contained in this Section shall not apply so as to prohibit in an apartment or apartment hotel building such accessory uses as newsstand, barber shop, dining room and similar services provided they are entered solely from within the building and no signs advertising such accessory uses shall be visible on the exterior of such building.
   (E)   No building or structure shall hereafter be erected or altered on any of the aforementioned eight corners without prior written approval by the Boston Redevelopment Authority of the exterior design of such building or structure. The Authority’s review of such exterior design shall be concerned with such matters as the exterior facade, exterior materials, signs, the location of roof top structures described in division (C) above, building mass and its placement on the site, the relation of the building to architectural characteristics of Commonwealth Avenue and the Back Bay, and adequacy of vehicular ingress and egress, if any. The purpose of this division (E) is to ensure that new buildings shall, without limiting the dimensions and building volume permitted herein and under applicable zoning regulations, be of outstanding architectural character and harmonious with Commonwealth Avenue and the Back Bay area.
(Ord. 1923 c. 8; Ord. 1941 c.1; Ord. 1945 c. 13; Ord. 1953 c. 6 § 1; Ord. 1954 c. 2 § 80; Ord. 1961 c. 9; Ord. 1962 c. 12; Ord. 1965 c. 8; Rev. Ord. 1961 (Sup. 1971) c. 19 § 10; CBC 1975 Ord. T7 § 105; Ord. 1978 c. 10; Ord. 1984 c. 38; Ord. 1985 c. 1 § 2; CBC 1985 7-4.10)
Cross-reference:
   St. 1983 c. 479; Ord. ss 9-3.3
7-4.11   Permission for Construction Near Parks or Parkways.
   No building or structure shall hereafter be erected or altered within a distance of 100 feet from park or parkway in the city, without permission in writing having first been obtained from the Parks and Recreation Commission, except that the foregoing shall not apply to any structure now being or hereafter erected or altered on the lot of land known and numbered as 2000 Commonwealth Avenue.
(Ord. 1954 c. 2 § 81; Rev. Ord. 1961 c. 19 § 11; CBC 1975 Ord. 71 § 110; Ord. 1985 c. 1 § 3; CBC 1985 7-4.11)
7-4.12   Setback Requirements.
   No building shall be erected or placed upon premises within the following distances from the following parks and parkways: Riverway, from Fenway to Huntington Avenue, 20 feet; Jamaicaway, from Huntington Avenue to Perkins Street, 20 feet; Jamaicaway, from Perkins Street to Prince Street, 25 feet; Arborway, from Prince Street to Washington Street, 25 feet; Arborway, north side, from Washington Street to Franklin Park, 25 feet; Arborway, south side, from Washington Street to Franklin Park, 10 feet; Olmsted Park along the northwesterly boundary, from Chestnut Street to Francis Parkman Drive, 20 feet; Park Drive on the Riverway, from Brookline Avenue to Boston and Albany Railroad, 20 feet; Park Drive on the Riverway, from Boston and Albany Railroad to Beacon Street, 15 feet; Commonwealth Avenue, from Arlington Street to Beacon Street, 20 feet; the Fens, 20 feet (excepting Charlesgate East from Boylston Street to the Charles River, and Charlesgate West from Boston and Albany Railroad to the Charles River, and Boylston Street, south side, from Hemenway Street to Fenway); Charlesgate East from Boylston Street to Ipswich Street, 10 feet; and Bolyston Street, south side, from Hemenway Street to Fenway, 15 feet; provided that steps, windows, porticos and other usual projections appurtenant to the front wall of a building shall be allowed where there is a reserved space; that no projections in the nature of a bay window, corner bay, circular front or octagon front, with the foundation wall sustaining the same (such foundation wall being a projection of the front wall), shall be allowed (excepting oriel windows above the first story on a street corner), unless any horizontal Sections of such projections would fall within the external lines of trapezoids, the sum of whose bases upon the rear line of the aforesaid space does not exceed seven-tenths of the whole front of the building, and the base of any one of which trapezoids does not exceed 18 feet, and whose side lines make an angle of 45 degrees with the base; and each house in a block shall be considered a separate building within the meaning of this Section; provided, however, that the provisions hereof shall not apply to the lot of land on Ipswich Street bounded by and making the northwest corner of Charlesgate West and Boylston Street.
(Ord. 1949 c. 1; Ord. 1953 c. 6 § 2; Rev. Ord. 1981 c. 19 § 12; CBC 1975 Ord. T7 § 111; CBC 1985 7-4.12)
7-4.13   Further Setback Requirements.
   No building shall be erected or placed upon premises within 20 feet from the exterior line of parks and parkways, on the Dorchesterway and Strandway, except from Preble Street to Old Harbor Street and except from P Street to Farragut Road; provided that steps, windows, porticos and other usual projections appurtenant to the front wall of a building are to be allowed in this reserved space of 20 feet, subject to the following limitations, viz.: First, that no projections of any kind (other than doorsteps and balustrades connected therewith, and also piazzas projecting not more than 8 feet) shall extend more than 5 feet from the rear line of the aforesaid space; second, that no projections in the nature of a bay window, corner bay, circular front or octagon front, with the foundation wall sustaining the same (such foundation wall being a projection of the front wall), will be allowed (excepting oriel windows above the first story on a street corner), unless any horizontal Sections of such projections would fall within the external lines of trapezoids, the sum of whose bases upon the rear line of the aforesaid space does not exceed seven-tenths of the whole front of the building, and the base of any one of which trapezoids does not exceed 18 feet, and whose side lines make an angle of 45 degrees with the base; and each house in a block shall be considered a separate building within the meaning of this limitation.
(Ord. 1939 c. 3; Ord. 1949 c. 2; Rev. Ord. 1961 c. 19 § 13; CBC 1975 Ord. T7 § 112; CBC 1985 7-4.13)
Cross-reference:
   St. 1938 c. 479 (Boston Building Code)
7-4.14   Smoking Prohibited in Parks.
   (A)   No person shall smoke in any public park, or other public place under the control of the Parks and Recreation Commission.
   (B)   For the purposes of this Subsection, the term SMOKING shall include inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe or other lighted or vaporized substance in any manner or form, including marijuana used for medical or any other purpose.
   (C)   The Parks and Recreation Commission may promulgate such rules and regulations as reasonably necessary to implement this Section and ensure compliance.
   (D)   Any person found in violation of this Section shall be fined $250 per offense. Enforcement of this Section shall be by noncriminal disposition as provided in M.G.L. Chapter 40, Section 21D or by filing a criminal complaint at the appropriate venue.
(CBC 1985 7-4.14; Ord. 2013 c. 10)
7-4.15   Use of Smokeless Tobacco and Other Tobacco Products Prohibited at Sites for Professional and Amateur Baseball and Other Sporting Events.
   (A)   Notwithstanding any other provision of law, no person shall use smokeless tobacco or any other tobacco product, at an event site for professional, collegiate, high school or organized amateur sporting events.
   (B)   For the purpose of this Subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      EVENT SITE FOR PROFESSIONAL, COLLEGIATE, HIGH SCHOOL AND OTHER ORGANIZED AMATEUR SPORTING EVENTS. The entire physical area in which such sporting events occur. The EVENT SITE shall include all open, semi-open and enclosed spaces and structures, including, but not limited to, playing fields, dugouts, bullpens, training rooms, locker rooms, team bench areas, spectator seating areas, pedestrian walkways, bathrooms, dining areas, vendor areas, offices, recreational areas and stadium parking lots.
      PROFESSIONAL, COLLEGIATE, HIGH SCHOOL OR ORGANIZED AMATEUR SPORTING EVENTS. Includes:
         (a)   Baseball, softball, football, basketball, hockey, track and field, field hockey, lacrosse and soccer; and
         (b)   Any other event involving a game or other athletic competition organized by a league or association of persons.
      SMOKELESS TOBACCO. Any product that contains cut, ground, powdered or leaf tobacco and is intended to be placed in the oral or nasal cavity, including, but not limited to, snuff, chewing tobacco, dipping tobacco, dissolvable tobacco products and snus.
      TOBACCO PRODUCT.
         (a)   Includes:
            1.   Any product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, pipe tobacco, smokeless tobacco; and
            2.   Any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe or hookah.
         (b)   TOBACCO PRODUCT includes any component, part or accessory of a tobacco product as defined in division (a) above, whether or not sold separately. TOBACCO PRODUCT does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.
   (C)   Persons or entities having the authority to manage and control an event site for professional, collegiate, high school and organized amateur sporting events shall have primary responsibility for maintaining compliance with this Section. The same shall post at every entrance a conspicuous sign clearly communicating that the use of tobacco products, including smokeless tobacco, is prohibited. Such signs shall also be posted in all dugouts, bullpens, training rooms, locker rooms, press boxes, television and radio broadcast booths and bathrooms.
   (D)   Any person found to be in violation of this Section may be fined $250 per offense. Enforcement of this Subsection shall be by noncriminal disposition as provided in M.G.L. Chapter 40, Section 21D or by filing a criminal complaint at the appropriate venue.
   (E)   The provisions of this Section shall be construed to supplement, and impose prohibitions and requirements in addition to those in existing law. If any provision of this Section is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this Section which can be implemented without the invalid provision, and, to this end, the provisions of this Section are declared to be severable.
   (F)   The prohibitions and requirements of this Section shall take effect on April 1, 2016.
(CBC 1985 7-4.15; Ord. 2015 c. 7)
7-5   CEMETERY DIVISION.
7-5.1   Cemetery Division.
   The Commissioner of Parks and Recreation shall exercise the powers and perform the duties provided by statue or ordinance to be exercised and performed by the trustees of the Cemetery Division.
(Ord. 1920 c. 13; Ord. 1954 c. 2 § 40; Rev. Ord. 1961 c. 19 § 14; CBC 1975 Ord. T7 § 113; CBC 1985 7-5.1; Ord. 2001 c. 2)
7-5.2   Regular Cemetery Hours.
   Regular cemetery hours are hereby established as 8:00 a.m. until 4:00 p.m., and all cemeteries and burial grounds currently used for interments shall be open for interments and removals during those hours, Monday through Friday, and from 8:00 a.m. until 12:00 p.m. on Saturday, legal holidays excepted, and at such times as the Commissioner may provide.
(Ord. 1981 c. 31; CBC 1985 7-5.2; Ord. 2001 c. 2)
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