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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(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)
11-10.2(o)   Savings Clause.
   (A)   Nothing in these Sections shall operate to immediately invalidate any dog park existing at the time of passage of these Sections except that any pre-existing concerns/problems may be forwarded in writing to the Commission and such concerns/ problems shall be immediately addressed. Any dog park existing at the time of passage of these Sections shall be closed within one year of passage of these Sections unless an applicant undertakes the application process for any dog park existing at the time of passage of these Sections to become a DRS pursuant to these Sections subject to all of the rights, responsibilities, obligations and duties therein, specifically including, but not limited to, the probationary period in Subsection 11-10.2(d)(D).
   (B)   Nothing in these Sections shall operate to invalidate any dog park that has been designed and/or approved by the Parks and Recreation Department or the Parks and Recreation Commission prior to the passage of these Sections except that any pre-existing concerns/problems may be forwarded in writing to the Commission and such concerns/problems shall be immediately addressed. Any such dog park existing at the time of passage of these Sections shall be closed within one year of passage of these Sections unless an applicant undertakes the application process for any such dog park existing at the time of passage of these Sections to become a DRS pursuant to these Sections subject to all of the rights, responsibilities, obligations and duties therein, specifically including, but not limited to, the probationary period in Subsection 11-10.2(d)(D).
(CBC 1985 11-10.2(o); Ord. 2004 c. 13 § 1)
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