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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)
(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)
(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)
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)
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)
(A) The Commission may determine the payments to be made for cemetery lots, each burial vault and for perpetual care of said lots. The Commissioner, after payment has been made to the Collector-Treasurer of the city, may execute and deliver to the person or persons by or for whom the payment has been made, a deed of the city conveying the exclusive right of burial of human dead in, and of placing and maintaining tombs, cenotaphs and monuments, authorized by the Commissioner, upon the lot or subdivision described in the deed, and shall cause the deed to be recorded in the Office of the Parks and Recreation Department. Every conveyance shall be subject to the following restrictions, or such other regulations and restrictions relating to said cemetery or the lots therein as shall, from time to time, be established by the city by ordinance.
(B) Restrictions are as follows.
(1) The owner shall use the lot only for the purpose stated in his or her deed thereof.
(2) The owner shall not, for hire, deposit or allow to be deposited in said lots the remains of any person.
(3) The owner shall not, without consent of the Commissioner or designee, remove or allow to be removed, the remains of any person deposited in said lot.
(4) The owner shall not, without the consent of the Commissioner, place or allow to be placed on, or remove or allow to be removed from, said lot any tomb, cenotaph or monument, or any hedge, tree, fence, curb or other ornament.
(5) The owner shall remove from the cemetery any unauthorized structure or other thing on said lot the Commissioner may so remove at the expense of the owner any such structure or other thing, or any tree, shrubs, flower, fence, curb or other ornament not removed within the time stated in a notice from the Commissioner, and the owner shall comply with all the rules and regulations of the Commissioner relating to said cemetery or lot.
(6) The owner shall convey said lot only as a whole, and shall never divide said lot, and if there are two or more owners, they shall designate in writing one of their number to represent the lot, and while they neglect so to do the Commissioner may designate the one to represent the lot.
(Rev. Ord. 1961 c. 19 § 15; CBC 1975 Ord. T7 § 114; CBC 1985 7-5.3; Ord. 1990 c. 2 § 1; Ord. 2001 c. 2)
The Commissioner, after payment to the Collector-Treasurer for the city, for keeping in repair any lot in any cemetery or other burial ground owned by the city, may execute and deliver to the person by or for whom the payment has been made an agreement that the city shall keep the lot, and the structures and grass thereon, in a good and neat condition forever, or during the period specified in the agreement, so far as the same can be done by the expenditure of the amount equal to 4% per year of the amount of money so paid from the time of such payment. The Commissioner shall cause all such agreements to be faithfully carried out.
(Ord. 1954 c. 2 § 41; Rev. Ord. 1961 c. 19 § 16; CBC 1975 Ord. T7 § 115; CBC 1985 7-5.4; Ord. 2001 c. 2)
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