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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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11-10.2(f)   Use of a Dog Recreation Space.
   (A)   The use of a dog recreation space shall be subject to the following conditions.
      (1)   No dog may enter a DRS or recreate within a DRS unless it is licensed and vaccinated for rabies. No dog may enter a DRS or recreate within a DRS unless it is wearing a collar with the license, the vaccination tag and a tag with the dog’s name, owner’s name and owner’s telephone number secured to the collar at all times.
      (2)   No dog may enter a DRS unless it is more than four months old.
      (3)   No person may enter a DRS unless he or she is 18 years of age or older unless he or she is accompanied by an adult which shall be responsible for the actions of the minor and any dog supervised by such minor.
      (4)   Except under exigent circumstances, no person in or near a DRS shall run, shout, scream, wave or engage in any behavior that excites or antagonizes a dog in or near the DRS or in any way violate the cruelty laws, including, but not limited to, M.G.L. Chapter 272, Section 77 and all persons shall note the liability restrictions in M.G.L. Chapter 140, Section 155.
      (5)   No female dog in heat may enter a DRS.
      (6)   No dog shall enter or exit the DRS unless restrained by a dog keeper on a leash complying with the requirements of this code and each and every dog keeper must have a leash for each and every dog so handled on his or her person at all times.
      (7)   Each and every dog keeper must vigilantly supervise his/her dog(s), including, but not limited to:
         (a)   Remaining within the DRS at all times during which his or her dog(s) is within the DRS;
         (b)   Keeping his or her dog(s) within sight;
         (c)   Maintaining adequate behavioral control over his or her dog(s) within and around a DRS;
         (d)   Immediately filling any hole created by his or her dog(s) within and around a DRS and disciplining his or her dog from digging within and around a DRS; and
         (e)   Immediately removing and properly disposing of any and all dog waste from within and around a DRS.
      (8)   Each and every dog keeper must remove his or her dog from a DRS at the first sign of aggression from his or her dog(s) even if the aggression is defensive, retaliatory or provoked. Dog keepers and dogs within a DRS remain subject to the requirements, provisions and penalties of Subsection 16-1.9B and M.G.L. Chapter 140, Section 157.
      (9)   No dog keeper may bring more than three dogs into or around a DRS at one time.
      (10)   In no event may bicycles, roller blades, roller skates, scooters, skateboards, strollers or other similar items enter a DRS. Wheelchairs are expressly permitted within a DRS.
      (11)   In no event may a dog keeper or dog enter a DRS after 11:00 p.m. or before 6:00 a.m.
      (12)   Use of a DRS shall constitute:
         (a)   The consent of the user, dog keeper and/or owner to all of the laws, ordinances, orders, rules, regulations and policies governing the operation and use of a DRS;
         (b)   A waiver of the user, Dog Keeper and/or owner of any liability of the city for any injury or damage arising as a result of the use of a DRS; and
         (c)   The agreement of the user, dog keeper and/or owner to protect, indemnify, defend and hold harmless the city for any injury or damage arising as a result of the use of a DRS.
   (B)   Nothing in these Sections shall prohibit the development and employment of a specific program to regulate the use of dog recreation spaces which may require licenses and/or fees.
(CBC 1985 11-10.2(f); Ord. 2004 c. 13 § 1)
11-10.2(g)   Education Program.
   (A)   The applicant shall create and implement educational programs regarding the laws, ordinances,
orders, rules, regulations and policies regarding dogs, dogs in public spaces and the use of dog recreation spaces. With the cooperation and funding of the applicant, the Commission shall install signage at each DRS summarizing the laws, ordinances, orders, rules, regulations and policies of dog recreation spaces; provided that the size, content and placement of such signs are approved by the Animal Control Officer. The signage shall include:
      (1)   The name, address and telephone number of the applicant;
      (2)   The name, address and telephone number of any organization, if such organization is not the applicant, overseeing the operation and/or management of the DRS;
      (3)   The title and telephone number of the Animal Control Officer; and
      (4)   The name and telephone number of the Department.
   (B)   The Animal Control Officer, pursuant to Subsection 7-9.2, shall conduct educational programs relating to animal control as it shall deem necessary or desirable.
(CBC 1985 11-10.2(g); Ord. 2004 c. 13 § 1; Ord. 2014 c. 15 § 2)
11-10.2(h)   Violations and Penalties.
   (A)   A first violation of these Sections in any calendar year shall be subject to a fine of $100. A second violation of these Sections in any calendar year shall be subject to a fine of $200. A third violation of these Sections in any calendar year shall be subject to a fine of $300. Any single violation may be subject to revocation of the privileges of the dog keeper and the dog keeper’s dog(s) to enter a DRS or recreate within a DRS. In the event that the penalties delineated in this Subsection conflict with other fines authorized by the city then the penalty imposed pursuant to this Subsection shall supplement any other penalty.
   (B)   A pattern of violations at any DRS may result in temporary closing of the DRS by the Commission for a defined period of time and/or suspension, forfeiture or revocation of the DRS designation.
(CBC 1985 11-10.2(h); Ord. 2004 c. 13 § 1)
11-10.2(i)   Suspension, Forfeiture and/or Revocation of Designation as Dog Recreation Space and Closure.
   (A)   The Commission shall have the authority to suspend, revoke or deem forfeited a DRS designation. At the Commission’s sole discretion, the Commission may suspend, revoke or deem forfeited a DRS designation for reasons including, but not limited to, a violation of these Sections, a violation of the MOA or a failure or refusal to abide by the terms of the MOA. The Commission shall immediately suspend, revoke or deem forfeited the DRS designation upon a written recommendation of the Animal Control Officer citing an incident or incidents at or near a DRS that compromise or jeopardize the public health or public safety.
   (B)   A suspension shall not be considered punitive but shall be for a limited time not to exceed 30 calendar days and for a limited purpose which shall be specified in a written notice of suspension forwarded to the applicant, and the Commission shall close the DRS for the duration of the suspension. A suspension shall be deemed to be a warning to the applicant and the users of the DRS. A summary of the reasons for the suspension, the term of the suspension and the terms for lifting the suspension shall be posted at the DRS.
   (C)   The applicant shall be solely responsible for ensuring that the condition(s) requiring correction pursuant to a notice of suspension are subsequently corrected. If the condition(s) in the notice of suspension are not corrected within the limited time of the suspension, then the Commission may, in the Commission’s sole discretion, revoke or deem forfeited the DRS designation upon written notice to the applicant, and the Commission may order the applicant to close and dismantle the DRS immediately upon the conclusion of any appeal period or the Commission may close and dismantle the DRS immediately upon the conclusion of any appeal period.
   (D)   The applicant may appeal a revocation or forfeiture of a DRS upon written notice of appeal to the Commission which shall be delivered to the Executive Secretary of the Commission within ten calendar days of the notice of revocation/forfeiture. The Commission shall schedule a hearing and inform the applicant of the date, time and place of the hearing in writing. The hearing shall commence within 30 calendar days after the date of the notice of revocation/forfeiture. At the hearing, the applicant shall be given an opportunity to be heard, to present witnesses or documentary evidence and to show why the notice of revocation/forfeiture should be modified or withdrawn. An official record shall be kept of the hearing proceedings and made available to the applicant upon request. Failure to hold a hearing within the time period specified herein shall not affect the validity and/or enforceability of any notice of revocation/forfeiture.
   (E)   If a written notice of appeal is not filed with the Executive Secretary Commission within ten calendar days after the date of the notice of revocation/forfeiture or if after a hearing the notice of revocation/forfeiture has been sustained in any part, then the notice of revocation/forfeiture shall be enforceable pursuant to the provisions of these Sections.
(CBC 1985 11-10.2(i); Ord. 2004 c. 13 § 1; Ord. 2014 c. 15 § 2)
11-10.2(j)   Limited Exception of Subsection 16-1.9.
   Although the purpose and intent of Subsection 16-1.9 shall be effective at all times, a dog and its dog keeper shall benefit from a limited exception to Subsection 16-1.9. Specifically, the narrow provision of Subsection 16-1.9 prohibiting a dog to run at large in a public place shall be stayed while a dog keeper is supervising his or her dog recreating within the confines of a dog recreation space. As noted in a previous Section, all dogs must be leashed while entering or exiting the dog recreation space and shall remain leashed at all times outside the dog recreation space.
(CBC 1985 11-10.2(j); Ord. 2004 c. 13 § 1)
11-10.2(k)   Regulatory Authority.
   The Commission, pursuant to Subsection 7-4.8 or otherwise, shall have the authority to promulgate rules and regulations necessary to implement and enforce these Sections.
(CBC 1985 11-10.2(k); Ord. 2004 c. 13 § 1)
11-10.2(l)   Enforcement Authority.
   The Commissioner of the Parks and Recreation Department, the Animal Control Officer the Commissioner of the Boston Police Department, and the Commissioner of the Boston Municipal Police Department shall have the authority to implement and enforce these Sections and any rules and regulations promulgated pursuant thereto.
(CBC 1985 11-10.2(l); Ord. 2004 c. 13 § 1; Ord. 2014 c. 15 § 2)
11-10.2(m)   Severability.
   If any provision of these Sections 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.
(CBC 1985 11-10.2(m); Ord. 2004 c. 13 § 1)
11-10.2(n)   Harmonious Construction.
   These Sections shall be construed harmoniously with all laws, ordinances, orders, rules, regulations and policies regarding parks, public spaces and animal control such that all laws, ordinances, orders, rules, regulations and policies effectively provide the greatest level of public health, public safety, equity and fairness.
(CBC 1985 11-10.2(n); Ord. 2004 c.13 § 1)
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