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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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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)
7-5.3   Deeds for Lots; Restrictions.
   (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)
7-5.4   Agreement for Perpetual Care.
   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)
7-6   FREEDOM TRAIL COMMISSION.
   No ordinances apply. See special statutes.
(CBC 1975 Ord. T7; CBC 1985 7-6)
7-7   TRANSPORTATION DEPARTMENT.
Cross-reference:
   Commissioner appointed under St. 7 s. 200
7-7.1   Establishment of Department.
   There shall be in the city a Department, known as the Transportation Department, as provided in the charter as that term is defined in M.G.L. Chapter 4, Section 7, Clause 5.
(Ord. 1960 c. 10 § 1; Ord. 1962 c. 9 §§ 4, 5, 6; Rev. Ord. 1961 (Sup. 1971) c. 24 § 1; CBC 1975 Ord. T7 § 200; CBC 1985 7-7.1)
Cross-reference:
   M.G.L. Chapter 4, Section 7, Clause 5
7-7.2   Commissioner to Place Street Signs.
   The Commissioner of Transportation shall place and maintain in one or more suitable, conspicuous places, to be selected by him or her, on each street in the city, one or more signs showing the name of the street.
(Ord. 1962 c. 9 §§ 4, 5, 6; Rev. Ord. 1961 (Sup. 1971) c. 24 § 2; CBC 1975 Ord. T7 § 201; CBC 1985 7-7.2)
Cross-reference:
   Ord. ss 8-7.1; Ord. Section 11-6
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.
7-7.3   Removal of Stolen Motor Vehicles.
   The Transportation Commission, by any rule or regulation adopted under this Section, may authorize, with such limitations, if any, as the Commission may think proper, the Police Commissioner of the city, or such sergeants or Officers of higher rank in the Boston Police Department of the city as he or she may, from time to time, designate, to remove to some convenient place, through the agency of a person or persons in the employ of the Boston Police Department, or by an independent contractor selected on the basis of competitive bids invited by advertisement in the City Record, as said Police Commissioner shall, from time to time, determine, any stolen or misappropriated motor vehicle when the owner of record has requested such removal. Any rule or regulation adopted under this Section shall be in no way inconsistent with Chapter 263 of the Acts of 1929, as amended.
(Ord. 1973 c. 8; CBC 1975 Ord. T7 § 202; CBC 1985 7-7.3)
Cross-reference:
   st. 1929 c. 263; St. T11 § 25
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.
7-7.4   Use of Traffic Control Signal Violation Monitoring System Devices.
   (A)   The city shall employ a traffic control signal violation monitoring system along any portion of any ways within its control and shall impose a penalty on the owner of a motor vehicle for failure by the operator thereof to comply with the laws, codes, regulations, ordinances, rules and/or other forms of legislation governing the traffic control signals at which a traffic control signal violation monitoring system is located.
   (B)   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CITATION. A notice upon which a Police Officer shall record an occurrence involving all automobile law violations by the person cited. Each CITATION shall be numbered consecutively and shall be in such form and such parts as determined jointly by the Administrative Justice of the District Court Department and the registrar.
      MOTOR VEHICLE. Shall have the meaning provided in M.G.L. Chapter 90, Section 1, “motor vehicles”.
      OPERATOR. Shall have the meaning provided in M.G.L. Chapter 90, Section 1.
      OWNER. Shall have the meaning provided in M.G.L. Chapter 90, Section 1.
      REGISTRAR. The registrar of motor vehicles.
      SCHEDULED ASSESSMENT. The amount of the civil assessment for a particular civil motor vehicle infraction, as established jointly by the Chief Justice of the District Court Department and the registrar. A SCHEDULED ASSESSMENT shall not exceed the maximum assessment or fine established by law for each such violation. A schedule of such assessments shall be visibly posted in each Office of the Registry of Motor Vehicles and in the Clerk-Magistrate’s Office of each District Court.
      TRAFFIC CONTROL SIGNAL VIOLATION MONITORING SYSTEM. An automated motor vehicle sensor device installed to work in conjunction with a traffic control signal which produces two or more wet-film photographs, two or more digital photographs, two or more microphotographs or other recorded images of each motor vehicle at the time it is used or operated in a manner that is in violation of the traffic control signal at which the automated monitoring system is located. The photographs, microphotographs or other recorded images must record the rear of the motor vehicle, with at least one image recording the motor vehicle passing through the intersection in violation of the traffic control signal. Additionally, at least one of the images must clearly identify the registration plate of the motor vehicle.
      VIOLATOR. A person, corporation, society, association or partnership accused of an automobile law violation.
   (C)   (1)   No traffic control signal violation monitoring system shall be utilized in such a manner as to take a frontal view photograph of the motor vehicle that is in violation of the traffic control signal or to take a rear view photograph of the vehicle above the bottom of the rear window.
      (2)   No photographs, microphotographs or other recorded images taken in conformance with this act shall be discoverable in any judicial or administrative proceeding other than a proceeding held pursuant to this Section; and no photographs, microphotographs or other recorded images taken in conformance with this Section shall be admissible in any judicial or administrative proceeding other than in a proceeding to adjudicate liability for such violation of this Section.
      (3)   Other than for purposes of enforcement of a violation of this Section or for purposes of an owner defending a violation of this Section, no private entity or individual may obtain photographs, microphotographs or other recorded images or records taken pursuant to this Section.
      (4)   Photographic and other recorded evidence obtained through the use of automated enforcement devices deployed as a means of promoting traffic safety authorized herein within the city shall be destroyed within one year of final disposition of any recorded event.
   (D)   (1)   The Parking Clerk designated or appointed by the city shall supervise and coordinate the administration of traffic control signal violation monitoring systems and the delivery of the photographic materials to the Boston Police Department.
      (2)   After inspection of photographs, microphotographs or other recorded images produced by a traffic control signal violation monitoring system and delivered by the Parking Clerk, a Police Officer authorized to issue citations for violations of traffic signals at the subject intersection shall issue a citation in the manner provided in M.G.L. Chapter 90C, Sections 2 and 3.
      (3)   It shall be the duty of the Boston Police Department to deliver the citation to the registered owner or owners of any motor vehicle identified in any photographs, microphotographs, streaming video or other recorded images produced by such device as evidence of a violation pursuant to this Section. Such citation shall contain, but not be limited to, the following information: a copy of the aforementioned recorded images showing the vehicle in violation of the traffic signal; the registration number and state of issuance of said registration number of the vehicle; the date, time and intersection location of the violation; the specific violation charged; a schedule of fines for such violation as established by the city or town; instructions for the return of the notice; and text as follows: “This notice may be returned personally, by mail, or by an Agent authorized in writing. A hearing before a magistrate of the district court may be obtained upon the written request of the registered owner in writing. Failure to obey this notice within 20 days of issuance will result in the non-renewal or suspension of the license to drive and/or the certificate of registration of the registered owner”.
      (4)   In the case of a citation involving a motor vehicle registered under the laws of the commonwealth, such citation shall be mailed within 14 days of the violation, exclusive of Sundays and holidays, to the address of the registered owner or owners as listed in the records of the registrar of motor vehicles. In the case of any motor vehicle registered under the laws of another state or country, such notice of citation shall be mailed within 21 days of the violation, exclusive of Sundays and holidays, to the address of the registered owner or owners as listed in the records of the official in such state or country having charge of the registration of such motor vehicle. If said address is unavailable, it shall be sufficient for the Boston Police Department to mail the notice of citation to the official in such state or country having charge of the registration of such motor vehicle.
      (5)   Any motor vehicle owner to whom a citation has been issued pursuant to this act may admit responsibility for such violation and pay the fine provided therein. Payment shall be made by mailing both payment and citation to the registrar at the address indicated on the citation or by appearing before the registrar during normal business hours, either personally or through a duly authorized Agent. Payment by mail shall be made only by money order, credit card or check made out to the registrar. Payment of the established fine and any applicable penalties shall operate as a final disposition of the case. Payment of the fine by one motor vehicle owner shall be satisfaction of the fine as to all other motor vehicle owners of the same motor vehicle for the same violation.
      (6)   Any owner to whom a citation has been issued may within 20 days of the mailing of said citation request a hearing to contest liability, by making a signed request on the back of the citation and mailing such citation to the registrar at the address indicated on the citation, or by appearing before the registrar during regular business hours, personally or through a duly authorized Agent. Upon receipt of hearing request, in accordance with M.G.L. Chapter 90C, Section 3, the registrar shall notify the Clerk-Magistrate in the District Court in judicial district in which the violation occurred of such request for a hearing. The Clerk-Magistrate shall send written notice of the date, time and place of said hearing by first class mail to each registered owner and the Police Officer who issued the citation. The hearing shall be conducted by a Clerk-Magistrate or justice in accordance with M.G.L. Chapter 90C, Section 3. If, at the conclusion of the hearing, the violator is found responsible, the Clerk-Magistrate or justice shall order the violator to pay an assessment to the registrar, which shall not exceed the scheduled assessment for the infraction.
      (7)   (a)   Any owner to whom a citation has been issued shall not be liable for a violation under the provisions of this Section:
            1.   If the violation was necessary to allow the passage of an emergency vehicle;
            2.   If the violation was necessary in order to protect the property or person of another;
            3.   If the violation was incurred while participating in a funeral procession;
            4.   If the violation was incurred during a period of time in which the motor vehicle was reported to the Police Department of any state, city or town as having been stolen and had not been recovered prior to the time the violation occurred;
            5.   If the operator of the motor vehicle was operating the motor vehicle under a rental or lease agreement and the owner of the motor vehicle is a rental or leasing company and has complied with the provisions of M.G.L. Chapter 90, Section 20E; and
            6.   If the violation was necessary to comply with any other law or regulation governing the operation of a motor vehicle at the intersection.
         (b)   An owner disputing a citation under this Section shall, within 20 days, provide the registrar with the citation with a signed request for a hearing on the back and a signed affidavit stating:
            1.   The reason for disputing the violation;
            2.   The full legal name and address of the owner of the motor vehicle;
            3.   The full legal name and address of the operator of the motor vehicle at the time the violation occurred;
            4.   The names and addresses of all witnesses supporting the owner’s defense and the specifics of their knowledge; and
            5.   Where applicable, signed statements from witnesses.
      (8)   The consequences for an owner to whom a citation has been issued who fails to pay the fine provided for in said notice in accordance with division (D)(5) above, or fails to appear for a requested hearing in accordance with division (D)(6) or (7) above, or fails to receive a favorable adjudication of said citation at a hearing, or fails to pay the assessment or fine imposed by the Clerk- Magistrate or justice in division (D)(6) above, are as follows: Upon notification of such failure to the registrar, the registrar shall notify the violator that after the expiration of 30 days from the date of the mailing of notification until the fine or assessment and any applicable late fees are paid, the registrar shall not issue or renew or may suspend such owner’s license to operate a motor vehicle and/or motor vehicle registration.
   (E)   (1)   For each violation the owner or owners of a vehicle shall be fined the maximum scheduled assessment for the infraction of a red light violation.
      (2)   All penalties may be increased by up to 33% if said fine remains unpaid in excess of 30 days after a citation has been issued.
      (3)   A penalty imposed for a violation shall not be deemed a criminal conviction.
   (F)   The compensation paid to the manufacturer or vendor of the traffic control signal monitoring system deployed as a means of promoting traffic safety as authorized herein shall not be based upon the number of traffic citations issued or any portion or percentage of the fine generated by such citations. The compensation paid to such manufacturer or vendor of the equipment shall be based upon the value of such equipment and the services provided or rendered in support of the traffic control signal monitoring system.
   (G)   If any of the provisions of this Section, or the application of such provision to any persons or circumstances, shall be held invalid, the remainder thereof, or the application of such provision to persons or circumstances other than those wherein it is held invalid, shall not be affected thereby.
(CBC 1985 7-7.4; Ord. 2007 c.12 §§ 1 - 7)
7-8   MOTOR VEHICLE MANAGEMENT BUREAU.
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