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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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11-1.4   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)
11-1.9   Boston Trust Act.
   (A)   Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CIVIL IMMIGRATION DETAINER REQUEST. A non-mandatory request issued by an authorized federal Immigration Officer under 8 U.S.C. § 287.7 to a local law enforcement official to maintain custody of an individual for a period not to exceed 48 hours, excluding Saturdays, Sundays and holidays, and advise the authorized federal Immigration Officer prior to the release of that individual.
      CONVICTED. A state of having been proved guilty in a judicial proceeding, unless the conviction has been expunged or vacated pursuant to applicable law.
      ELIGIBLE FOR RELEASE FROM CUSTODY. The individual may be released from custody because any of the following conditions has occurred:
         (a)   All criminal charges against the individual have been dropped or dismissed;
         (b)   The individual has been acquitted of all criminal charges filed against him or her;
         (c)   The individual has served all the time required for his or her sentence;
         (d)   The individual has posted a bond, or has been released on his or her own recognizance;
         (e)   The individual has been referred to pre-trial diversion services; and
         (f)   The individual is otherwise eligible for release under commonwealth or local law.
      ICE ADMINISTRATIVE WARRANT. A warrant issued by a federal Immigration Officer, not a Judicial Officer, that does not confer detention authority on a local jurisdiction.
      ICE-HSI. The Department of Homeland Security Investigations division of ICE whose purpose is to work alone or in concert with other federal, commonwealth and local law enforcement to investigate and enforce laws prohibiting human smuggling and trafficking; narcotics and weapons smuggling and trafficking; transnational gang activity; cybercrimes; money laundering, financial crimes, bulk cash smuggling; document and benefit fraud; human rights violations; commercial fraud and intellectual property theft; export enforcement; and international art and antiquities theft.
      IMMIGRATION AND CUSTOMS ENFORCEMENT or ICE. The federal Agency whose enforcement and removal division enforces federal immigration laws, including issuance and action on civil detainers and detainer requests.
      IMMIGRATION ENFORCEMENT. Identifying, arresting, detaining or assisting in the arrest or detention of any person solely on the basis of their immigration status or a suspected violation of federal civil immigration law.
      LAW ENFORCEMENT OFFICIAL. Any City Department, or Officer or employee of a City Department, authorized to enforce criminal statutes, regulations or local ordinances; operate jails or maintain custody of individuals in jails; and operate juvenile detention facilities or maintain custody of individuals in juvenile detention facilities.
      PERSONAL INFORMATION. Any information that is maintained by an Agency that identifies or describes an individual, that can be used, either alone or in combination with other information, to identify individual subjects, such as his or her name, Social Security number, physical description, home address and/or work address.
   (B)   Detainer requests. A law enforcement official shall not detain an individual solely on the basis of a civil immigration detainer request or an ICE administrative warrant after the individual is eligible for release from custody, unless ICE has a criminal warrant, issued by a Judicial Officer, for the individual.
   (C)   Reporting. No later than December 31 of each year, the Boston Police Commissioner shall submit a report to the City Clerk, and the Clerk shall forward the report to the Mayor of the city and shall docket the report and include the docket on the agenda of the next-occurring meeting of the Boston City Council. The report shall include the following information for the preceding 12-month period:
      (1)   A statistical breakdown of the total number of civil immigration detainer requests lodged with the city’s law enforcement officials, organized by the reason(s) given for the request;
      (2)   A statistical breakdown of the total number of individuals that city law enforcement officials detained pursuant to division (C)(2) above, organized by the reason(s) supporting the detention;
      (3)   The total number of individuals transferred to ICE custody; and
      (4)   A statistical breakdown of the total cost reimbursements received from the federal government pursuant to division (B) above, organized by individual case.
   (D)   Law enforcement.
      (1)   A law enforcement official or an employee of a City Department, Agency or Commission, shall not:
         (a)   Use Agency or Department monies or personnel to interrogate, detain or arrest persons for immigration enforcement purposes, that are otherwise the responsibility of the federal Immigration and Customs Enforcement Agency, including any of the following:
            1.   Inquiring of an individual his or her immigration status;
            2.   Detaining an individual solely on the basis of a civil immigration detainer request;
            3.   Providing personal information, as defined in division (A) above, or regarding a person’s release date or time to the federal Immigration and Customs Enforcement Agency;
            4.   Providing personal information, as defined in division (A) above, or regarding a person’s release date or time to ICE-HSI solely for the purpose of enforcing civil violations of United States immigration laws;
            5.   Making arrests based solely on ICE administrative warrants including administrative warrants after the individual is eligible for release from custody; and
            6.   Performing the functions of an Immigration Officer.
         (b)   Transfer an individual to immigration authorities unless authorized by a judicial warrant or other judicial order.
      (2)   Notwithstanding the limitations in division (A) above, this Section does not prevent any Boston law enforcement official or an employee of a City Department, Agency or Commission from doing any of the following:
         (a)   Investigating, enforcing or detaining upon reasonable suspicion of, or arresting for a criminal violation of, 8 U.S.C. § 1326(a) that may be subject to the enhancement specified in 8 U.S.C. § 1326(b)(2) and that is detected during an unrelated Boston Police activity. Any arrests executed under this provision by any Boston law enforcement official shall be included in the annual report of the Boston Police Commissioner to the City Clerk, in accordance with division (C) above;
         (b)   Responding to a request from ICE-HSI for information about a specific person’s criminal history, including, but not limited to, previous criminal arrests, convictions or CORI, where otherwise permitted by commonwealth law;
         (c)   Conducting enforcement or investigative duties associated with partnerships with federal authorities or task forces, including the sharing of confidential information with the Boston Police or other Agencies for purposes of joint investigations, so long as the primary purpose of the partnership or task force is not to enforce civil violations of United States immigration laws;
         (d)   Certifying an individual who has been identified as a potential crime or trafficking victim for a T or U Visa pursuant to 8 U.S.C. §§ 1101(a)(15)(T) or 1101(a)(15)(U);
         (e)   Enforcing 18 U.S.C. § 922(d)(5); and
         (f)   An inquiry into an individual’s citizenship status by the Boston Elections Commission to determine their eligibility to vote in local, commonwealth and federal elections.
      (3)   This Section does not prohibit or restrict any government Agency from complying with 8 U.S.C. §§ 1373 and 1644.
      (4)   Nothing in this Section shall prohibit the Boston Police from asserting its own jurisdiction over criminal law enforcement matters.
      (5)   Within six months of the passage of this Section, the Boston Police Department shall incorporate the requirements of this Section into its regular training for all Officers.
(CBC 1985 11-1.9; Ord. 2019 c. 9)
11-1.10   Restricting the Use of Chemical Crowd Control Agents and Kinetic Impact Projectiles.
   (A)   Purpose. The purpose of this Section is to restrict the use of chemical crowd control agents and kinetic impact projectiles in order to protect residents of Boston from the indiscriminate, dangerous and even fatal impacts of such devices, especially during lawful protests and/or demonstrations. These devices can have significant impacts on both the physical and mental well-being of residents that choose to exercise their First Amendment rights by participating in demonstrations, as well as innocent bystanders.
   (B)   Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      BOSTON POLICE OFFICERS. All Cadets, Patrol Officers, Officers, Detectives and Superintendents of the Boston Police Department.
      BPD. The Boston Police Department.
      CHEMICAL CROWD CONTROL AGENT. Chemical compounds in any form that cause irritation to the eyes, mouth, throat, lungs or skin, including, but not limited to, tear gas, pepper spray, mace, inert smoke, pepper pellets and pepper balls. These chemical compounds may include, but are not limited to, chloroacetophenone (CN), chlorobenzylidenemalononitrile (CS), chloropicrin (PS), bromobenzylcyanide (CA), dibenzoxazepine (CR), oleoresin capsicum (OC) and combinations thereof.
      KINETIC IMPACT PROJECTILE. An item or instrument fired from a gun or launcher intended to disorient and/or incapacitate and inflict pain without penetrating the skin, including, but not limited to, rubber bullets, sponge grenades, stun grenades, concussion grenades, flash grenades or flash-bangs, beanbag rounds, Super-Sock rounds, wax bullets and plastic bullets.
      OTHER LAW ENFORCEMENT OFFICERS. Any Law Enforcement Officers who are not Boston Police Officers but who are engaged in law enforcement activities within the city.
   (C)   Restriction on the use of chemical crowd control agents and kinetic impact projectiles.
      (1)   Restriction in certain circumstances. Subject to the limitations set forth in division (C)(2) below, Boston Police Officers and other Law Enforcement Officers working in the city, to the extent permissible by law, shall not use a kinetic impact projectile or a chemical crowd control agent against any person or persons engaged in a protest, demonstration or other gathering of any kind involving more than ten persons.
      (2)   Exceptions and exemptions. Kinetic impact projectiles and/or chemical crowd control agents may be deployed if:
         (a)   An on-scene supervisor at the rank of Deputy Superintendent or higher specifically authorizes such use in response to specific ongoing acts of violence or destruction of property that the on-scene supervisor has personally witnessed and has determined cannot be controlled or quelled through any other methods, and has determined that no other reasonable methods of de-escalation will be successful in preventing or controlling such acts; and
         (b)   1.   The on-scene supervisor witness who authorizes such use, or an Officer of equal or higher rank, has given at least two separate warnings over a loudspeaker system:
               a.   Directing the persons involved in the gathering to disperse, after ensuring that people have a way to exit after a warning is issued;
               b.   Notifying all who could be affected that a failure to disperse will result in the use of a specific kinetic impact projectile or chemical crowd control agent that must be announced; and
               c.   Notifying all who could be affected that the specific kinetic impact projectile or chemical crowd control agent will be deployed within a clearly defined period of time.
            2.   Such warnings must be at least two minutes apart, and there must be two minutes after the second warning has been fully read before any use of the specifically announced kinetic impact projectile and/or chemical crowd control agent.
   (D)   Enforcement.
      (1)   The Boston Police Department shall take appropriate steps to implement this Section forthwith, including, but not limited to:
         (a)   Posting a copy of this Section in a prominent and visible location in all Police Stations within the city;
         (b)   Notifying all other law enforcement Agencies that may operate within the city about this Section and supplying a copy of the Ordinance to each of said Agencies; and
         (c)   Incorporating the limitations on the use of force set forth in division (C) above into Officer training regarding the use of less lethal and non-lethal force in policing.
      (2)   Any violation of this Section constitutes an injury and any person may institute proceedings for injunctive relief, declaratory relief or writ of mandamus in any court of competent jurisdiction to enforce this Section. An action instituted under this division (D)(2) shall be brought against the city and, if necessary to effectuate compliance with this Section, any other governmental Agency subject to this Section.
      (3)   In any civil or criminal action brought under any commonwealth or federal statute or constitutional provision arising out of the use of force by any Law Enforcement Officer within the city, the prohibition contained in division (C) above shall be deemed to be the clearly established law of the city, and any violation of that prohibition may be considered unlawful.
      (4)   Any person injured or harmed as a result of a violation of this Section may bring an action in any court of competent jurisdiction seeking damages, reasonable attorneys’ fees, court costs and any other relief that the court may deem appropriate. A prevailing plaintiff injured or harmed by a violation of this Section may be entitled to recover damages in the amount of three times their actual damages. Nothing in this Section shall be construed to limit any individual’s rights under commonwealth or federal law.
      (5)   All uses of any kinetic impact projectile or any chemical crowd control agent and all violations of this Section by any Boston Police Officer or any other Law Enforcement Officer working in the city shall be reported in writing, including the name of the member of law enforcement, to all city government Agencies and Departments which have any oversight responsibilities for the Boston Police Department, and to all commonwealth Agencies which have any oversight responsibilities for law enforcement Agencies or Departments. Such reports shall be a matter of public record to be published at least annually by the city and all such reports shall be made freely available upon request by any member of the public.
      (6)   Immediately following the use of any kinetic impact projectile or any chemical crowd control agent by any Boston Police Officer or any other Law Enforcement Officer working in the city, all body camera footage relating to the use of such weapons must be maintained and preserved by the BPD, and must be produced to the Boston Office of Police Accountability and Transparency and to any commonwealth Agency which has any oversight responsibilities for Law Enforcement Agencies or Departments within ten business days.
(CBC 1985 11-1.10; Ord. 2021 c. 5)
11-1.11   Report on Gun Trafficking in the City.
   (A)   Purpose. The purpose of this Subsection is to create an annual study and report from the Boston Police Department with data on the flow of firearms and review of ways that illegal firearms are transported into the city, which will help law enforcement and policymakers in determining action in stemming the flow of illegal firearms.
   (B)   Reporting. The Boston Police Department shall coordinate with Commonwealth Police, the Suffolk County Sheriff’s Office, the Suffolk County District Attorney’s Office, and all other relevant municipal agencies to conduct a study on reducing the flow of firearms into the city and shall submit a report to the Mayor, the Boston City Council and the Boston Public Health Commission no later than three months after passage and annually thereafter. Such study and report shall include the following information for the preceding calendar year:
      (1)   For each firearm seized or surrendered in the city and obtained by the Police Department:
         (a)   Whether the firearm was connected to a crime;
         (b)   Where the firearm originated, including where it was first sold, manufactured, imported or assembled when available;
         (c)   The date such firearm was seized or surrendered and the date such firearm was last sold legally;
         (d)   The location of such seizure, including latitude and longitude if available, but in all cases at least as specific as the nearest intersection; provide the age of the person with the gun when available;
         (e)   The make, model, type and serial number of such firearm;
         (f)   The manufacturer or importer of such firearm;
         (g)   Whether the firearm was a ghost gun or a firearm created using a three-dimensional printer, and if so, the entities that produced such firearm or parts thereof;
         (h)   The dealer of such firearm and whether such dealer was licensed when available; and
         (i)   Whether the firearm was registered in any state or federal database, including the National Firearms Registration and Transfer Record.
      (2)   A review of trends regarding the ways firearms are illegally transported into the city, including through roadways on and connected to the interstate and sea ports or bodies of water based on available information; and
      (3)   If disclosure of any information specified in division (B)(1) above is prohibited by law, such study and report shall identify the information being withheld and the reason therefore, and shall, instead of such withheld information, include aggregate data to the extent available. Such study and report need not include information about any firearm obtained through a gun buy-back program or where disclosure would compromise the safety of the public or Police Officers or could otherwise compromise ongoing law enforcement investigations or operations. Such reports shall include the total number of seizures for which reporting was withheld due to a pending criminal investigation, and upon completion of such investigations the information relating to such seizures shall be reflected in a subsequent report.
      (4)   The Boston Police Department shall also include key takeaways from the information provided in its report and any policy recommendations they have related to that information and that they believe can serve to address gun trafficking.
   (C)   Implementation. This Subsection takes effect immediately after passage.
   (D)   Severability. If any provision of this Subsection shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
(Ord. 2023 c. 12)
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