Loading...
(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)
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CENTRAL STATION OPERATING COMPANY. A company equipped to receive a security alarm signal from each of its customers and which then transmits to the Boston Police Department (“BPD”) the location of any such alarm the central station operating company receives.
COMMISSIONER. The Commissioner of the Boston Police Department, or his or her designee.
FALSE ALARM. The transmittal of a signal to the Boston Police Department, whether because of human or mechanical error, and whether through a central station operating company or directly, even though there is no person entering or attempting to enter, without authorization, in or on real property protected by a security alarm system.
SECURITY ALARM SYSTEM. An electronic or mechanical device used to warn of a person entering or attempting to enter, without authorization, in or on real property.
SECURITY ALARM USER. A person, company, corporation or other entity utilizing a security alarm system to protect his or her or its real property located in the city.
(CBC 1985 11-2.1; Ord. 1992 c. 11 § 1)
(A) The Commissioner shall create and maintain a list known as the Alarm Information List. Each central station operating company shall, as set forth herein, provide the information for said list to the Commissioner as to all of its customers who have a security alarm system. A security alarm user, if his or her or its security alarm system is not connected to a central station operating company, shall provide the information for said list to the Commissioner as to said user.
(1) The Alarm Information List shall consist of the following information from a central station operating company:
(a) The name, address and telephone numbers of the central station operating company;
(b) The location of the premises where each such customer’s security alarm system is located;
(c) The name, address and home and work telephone numbers of each such customer;
(d) The names, addresses and home and work telephone numbers of at least two persons who can be contacted 24 hours a day who are authorized by the central station operating company or the customer to respond to a security alarm signal and who have access to the premises from where the security alarm signal is emitting; and
(e) Such other information as the Commissioner may require.
(2) The Alarm Information List shall consist of the following information as to a security alarm user whose security alarm system is not connected to a central station operating company:
(a) The location of the premises where the security alarm system is located;
(b) The name, address and home and work telephone numbers of the security alarm user;
(c) The names, addresses and home and work telephone numbers of at least two persons who can be contacted 24 hours a day who are authorized by the security alarm user to respond to a security alarm signal and who have access to the premises from where the security alarm signal is emitting; and
(d) Such other information as the Commissioner may require.
(B) The Commissioner may at any time send a notice of the requirements of this Section to a central station operating company or to a security alarm user. A central station operating company shall comply with the requirements of this Subsection within 60 days after the Commissioner has sent it such notice. Similarly, a security alarm user whose security alarm system is not connected to a central station operating company shall comply with the requirements of this Subsection within 60 days after the Commissioner has sent him, her or it such notice. If such a central station operating company or security alarm user fails to comply with this Subsection, the Commissioner may assess a fine of $50 for each day of noncompliance.
(CBC 1985 11-2.2; Ord. 1992 c. 11 § 1)
Every central station operating company and every security alarm user whose security alarm system is not connected to a central station operating company shall be responsible for updating the information herein required to be provided to the Commissioner. If the information provided changes, said central station operating company or security alarm user shall provide the Commissioner with the updated information. If such a central station operating company or security alarm user fails to comply with this Subsection, the Commissioner may assess a fine of $50.
(CBC 1985 11-2.3; Ord. 1992 c. 11 § 1)
(A) Any security alarm user whose security alarm system transmits to the Boston Police Department more than two false alarms in a calendar year, whether through a central station operating company or directly, shall be assessed a fine pursuant to M.G.L. Chapter 40, Section 21 for the third and any subsequent false alarm according to the following schedule:
(1) Third false alarm: $50;
(2) Fourth false alarm: $100; and
(3) Fifth false alarm: $200.
(B) For the sixth and any subsequent false alarm, the fine shall be $200 per violation, each day after any such false alarm to be considered a new violation. A security alarm user shall be assessed said $200 per day until he or she can demonstrate to the Commissioner that the causes of the false alarms have been remedied.
(CBC 1985 11-2.4; Ord. 1992 c. 11 § 1)
If a fine assessed for a false alarm pursuant to Subsection 11-2.4 hereof has not been paid by the due date, the Commissioner shall impose a lien on the real property where such false alarm occurred pursuant to the provisions of M.G.L. Chapter 40, Section 58 and shall notify the security alarm user in writing of such lien. The provisions of this Subsection shall apply to fines that remain unpaid or that become due and payable on or after the effective date of this Section.
(CBC 1985 11-2.5; Ord. 1992 c. 11 § 1)
Ninety days after the passage of this Section, no security alarm system shall be equipped with a tape dialer or similar automatic telephone device which will transmit an alarm signal to the 911 emergency system or any telephone lines of the Boston Police Department. If a security alarm user fails to comply with this Subsection, the Commissioner may assess a fine of $50.
(CBC 1985 11-2.6; Ord. 1992 c. 11 § 1)
Loading...