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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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11-1   BOSTON POLICE DEPARTMENT.
11-1.1   Weekly Report by Police Commissioner.
   (A)   The Police Commissioner shall prepare and furnish, each week to the City Council, a report on the number of crimes reported in the city during the previous week in the following categories: shooting incidents and homicides involving minors, meaning anyone age 17 or under, as victims and/or perpetrators categorized by age, gender, race, ethnicity and national origin, and specifying whether the minor involved was the victim and/or perpetrator, viz, murder, rape, assault, armed robbery, breaking and entering of homes and purse-snatching, tabulated by Police district and providing, in addition to the district number, the geographical area of the city comprising the district, and within each district tabulated according to the several tours of duty. However, the reporting of shooting incidents and homicides involving minors may be contingent on whether a formal arrest occurs. The Police Commissioner shall, in preparing each report, also include cumulative reported totals of the crimes enumerated above, tabulated as aforesaid, for the year to date of making the report.
   (B)   The Police Commissioner shall also prepare and furnish each week to the Mayor and to the Boston City Council a report on the deployment of sworn Police Officers to each district by shift. This report shall include the use of overtime, leave taken by Officers and Officers assigned to each district but assigned out to other districts.
(Ord. 1973 c. 11; CBC 1975 Ord. T11 § 1; CBC 1985 11-1.1; Ord. 1988 c. 14; Ord. 2009 c. 5)
Cross-reference:
   Ord. ss 5-5.32; Ord. ss 17-4.5, ss 17-4.6
11-1.2   Shotguns in Police Vehicles; Training of Officers.
   All Boston Police vehicles shall be equipped with shotguns and shotgun racks. All Boston Police Officers shall participate in a training course for the handling and operation of shotguns. All Boston Police Officers shall be awarded a certificate of training from the appropriate Police officials at the completion of such training.
(Ord. 1974 c. 1; CBC 1975 Ord. T11 § 2; CBC 1985 11-1.2)
Editor’s note:
   This ordinance was declared invalid in O’Neil v. White, Suffolk Superior Court No. 683216 (1974).
11-1.3   Minimum Number of Marked Police Vehicles Required.
   At all times in the various Police districts of the city, there shall be in use on duty no less than 50% plus one of all the marked Police vehicles which were assigned to such districts on June 15, 1971.
(Ord. 1973 c. 14; CBC 1975 Ord. T11 § 3; CBC 1985 11-1.3)
11-1.4   Police Vehicles to Be Manned Full-Time.
   All Boston Police vehicles, marked or unmarked, shall be manned 24 hours a day by two Boston Police Officers.
(Ord. 1973 c. 15; CBC 1975 Ord. T11 § 4; CBC 1985 11-1.4)
11-1.5   Minimum Salaries for Patrol Officers.
   (A)   Effective as of January 1, 1972, the minimum annual compensation of Patrol Officer members of the Boston Police Department of the city, in the classifications and salary grades as herein set forth, shall be not less than the following:
      (1)   For the first year of service: $10,500;
      (2)   For the second year of service: $11,500; and
      (3)   For the third and each succeeding year of service: $12,500.
   (B)   “Service”, under the provisions hereof, shall be deemed to commence with the date the appointee Patrol Officer is first assigned to duty and continue until death, retirement or termination of employment of the appointee. In determining years of service, credit shall be given for all time or period of service to December 31, 1971. All step increments in higher salary grade shall become due at intervals of a year’s service at the beginning of the second and third years of service and shall commence on the Sunday preceding the day on which such step increments shall become due.
(Ord. 1972 c. 7; CBC 1975 Ord. T11 § 5; CBC 1985 11-11.5)
11-1.6   Minimum Number of Police Officers on the Boston Police Department.
   On or before July 1, 1979, the size of the Boston Police Department shall be increased by the employment of a sufficient number of Patrol Officers so as to bring the force to strength of not less than 2,300 Police Officers. On or before July 1, 1980, the size of the Boston Police Department shall be increased by the employment of a sufficient number of Patrol Officers so as to bring the force to strength of not less than 2,500. Thereafter, additional Officers shall be hired, from time to time, as needed so as to ensure that the number of Police Officers on the force shall, at no time, be less than 2,500.
(Ord. 1979 c. 2; CBC 1985 11-1.6)
11-1.7   Crime Prevention Surveys.
   (A)   Procedure.
      (1)   The Police Commissioner shall designate such personnel as he or she finds appropriate to undertake crime prevention surveys for elderly/handicapped multi-family housing developments and student housing, as provided for in Sections 9-11 and 9-12, as amended. Such personnel shall be certified as Crime Prevention Officers by the Criminal Justice Training Council or any future body providing similar certification. Surveys for elderly/handicapped developments shall be carried out on a phased basis parallel to that of the notices sent under Subsection 9-11.2 by the Commissioner of the Inspectional Services Department; surveys for student housing shall be carried out upon receipt of a request from the landlord of student housing. Such surveys shall be completed within 30 days of receipt of the landlord’s request for a crime prevention survey.
      (2)   Each crime prevention survey shall be on a form which is jointly developed by the Police Commissioner and the Commissioner of the Inspectional Services Department. Each completed survey shall include findings as to the security needs of the tenants/occupants of the housing and neighbors of such housing and recommendations as to how such needs shall be met through existing or new security measures, such as lighting, locks, safety officers, resident managers, security stations, security systems or other equipment, personnel or programs. Each survey shall also include a one-page summary, on official Boston Police Department stationery, itemizing the elements recommended.
      (3)   No fee shall be assessed to the landlord by the Police Commissioner for conducting the crime prevention survey, but such survey shall be carried out as public service to the residents of the city. Upon completion of each crime prevention survey, the Police Commissioner shall ensure that a copy of the same is provided to the landlord and to the Commissioner of the Inspectional Services Department within 30 days of receipt of the landlord’s written request.
      (4)   The Police Commissioner shall designate personnel to assist the Commissioner of the Inspectional Services Department in the assessment of the adequacy of security plans, as provided for in Subsections 9-11.4 and 9-12.3, as amended.
   (B)   Non-liability of the city. The provisions of this Subsection shall not be construed to establish any duty on the part of the city greater than the city’s general public duty to protect its citizens’ health, safety, security and well-being. No determination by the Commissioner of the Inspectional Services Department or the Boston Police Department as to the adequacy of a landlord’s security measures shall be construed as a warranty or guarantee of such security, and the sole responsibility for ensuring that security measures are adequate to protect occupants and neighbors from foreseeable harm or risk shall rest and remain with the owner of such property.
   (C)   Severability. The provisions of this Subsection are severable and if any provision, or portion thereof, should be held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect the remaining provisions which shall remain in full force and effect.
(CBC 1985 11-1.7; Ord. 1989 c. 4 §§ 2-4; Ord. 1992 c. 1 § 2-4; Ord. 2010 c. 12)
11-1.8   Civilian Fingerprinting and Criminal History Records Checks for Certain Licenses.
   (A)   Pursuant to the authority granted in the M.G.L. Chapter 6, Section 172B½, the Boston Police Department shall establish, by rule or regulation, a civilian fingerprinting system for the purpose of conducting commonwealth and national criminal history records checks of persons applying for certain licensures within the city. Any person applying for a license for the following activities within the city is required to submit with the application a full set of fingerprints taken by the Boston Police Department within six months prior to the date of application:
      (1)   Hawking and peddling (Section 16-2);
      (2)   Operation of a taxicab or other private vehicle for hire (Subsection 16-15.5);
      (3)   Operation of a sight seeing vehicle (St. 1931, Chapter 399);
      (4)   Operating as a commercial bicycle messenger (St. 1998, Chapter 302);
      (5)   Pawning (M.G.L. Chapter 140, Section 70) or collecting of or dealing in and as a keeper of shop for the purchase, sale or barter of junk, old metals or second-hand articles (Subsection 17-4.1);
      (6)   Appointment as Special Police Officer (St. 1898, Chapter 282); and
      (7)   Appointment as a Boston Constable (Subsection 2-7.2).
   (B)   The Boston Police Department will transmit the fingerprints to the commonwealth’s Police Identification Unit through the Criminal History Systems Board (“CHSB”), or its successor, for a commonwealth criminal records check and for a national criminal records check by the Federal Bureau of Investigation (“FBI”). The results of a criminal records check shall be communicated to the licensing authority for the sole purpose of evaluating the fitness of the person applying for the license.
   (C)   The Boston Police Department shall render a fitness determination based upon the results of the records checks and communicate its fitness determination to the licensing authority. In rendering a fitness determination, the Boston Police Department shall indicate whether the license applicant has been convicted of, or is under pending indictment for, a crime which bears upon his or her ability or fitness to serve in the capacity of the license and any felony or misdemeanor which involved force or threat of force, controlled substances or was a sex-related offense.
   (D)   A person applying for a license and who is required to submit a full set of fingerprints to the licensing authority, pursuant to division (A) above, may request and receive a copy of his or her criminal history records from the Boston Police Department. Should the license applicant seek to amend or correct his or her record, he or she must contact the CHSB, or its successor, for a state record or the FBI for records from other jurisdictions maintained in its file.
   (E)   The fee charged to the applicant by the Boston Police Department for the purpose of enforcing this Section shall be $50 for each application. A portion of the fee, as specified in M.G.L. Chapter 6, Section 172B½, shall be deposited into the Firearms Fingerprint Identity Verification Trust Fund, and the remainder of the fee may be retained by the Boston Police Department for costs associated with the administration of the fingerprinting system.
(CBC 1985 11-1.8; Ord. 2011 c. 2)
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