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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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12-14.3   Protective Custody.
   (A)   Any person who is incapacitated shall be assisted by Police Officer with or without such person’s consent to his or her residence, to a facility or to a Police Station. To determine, for purposes of these Sections only, whether or not such person is intoxicated, the Police Officer may request the person to submit to reasonable tests of coordination, coherency of speech and breath.
   (B)   Any person assisted by a Police Officer to a Police Station shall have the right, and be informed in writing of said right, to request and be administered a breathalyzer test. Any person who is administered a breathalyzer test shall be presumed intoxicated if evidence from said test indicates that the percentage of alcohol in his or her blood is ten one hundredths (0.10) or more and shall be placed in protective custody at a Police Station or transferred to a facility. Any person who is administered a breathalyzer test, under this Section, shall be presumed not to be intoxicated if evidence from said test indicates that the percentage of alcohol in his or her blood is five one hundredths (0.05) or less and shall be released from custody forthwith. If any person who is administered a breathalyzer test, under this Section, and evidence from said test indicates that the percentage of alcohol in his or her blood is more than five one hundredths (0.05) and is less than ten one hundredths (0.10) there shall be no presumption made based solely on the breathalyzer test. In such instance, a reasonable test of coordination or speech coherency must be administered to determine if said person is intoxicated. Only when such test of coordination or speech coherency indicates said person is intoxicated shall he or she be placed in protective custody at a Police Station or transferred to a facility.
   (C)   Any person presumed intoxicated and to be held in protective custody at a Police Station shall, immediately after such presumption, have the right and be informed of said right to make one phone call at his or her own expense and on his or her own behalf. Any person assisted by a Police Officer to a facility under these Sections shall have the right to make one phone call at his or her own expense on his or her own behalf and shall be informed forthwith upon arriving at the facility of said right. The parent or guardian of any person, under the age of 18, to be held in protective custody at a Police Station shall be notified forthwith upon his or her arrival at said station or as soon as possible thereafter.
   (D)   If any incapacitated person is assisted to a Police Station, the Officer in charge, or his or her designee, shall notify forthwith the nearest facility that the person is being held in protective custody. If suitable treatment services are available at a facility, the commonwealth’s Department of Public Health, in accordance with M.G.L. Chapter 111B, shall thereupon arrange for the transportation of the person to the facility in accordance with the provisions of M.G.L. Chapter 111B, Section 7.
   (E)   No person assisted to a Police Station pursuant to these Sections shall be held in protective custody against his or her will; provided, however, that if suitable treatment at a facility is not available, an incapacitated person may be held in protective custody at a Police Station until he or she is no longer incapacitated or for a period of not longer than 12 hours, whichever is shorter.
   (F)   A Police Officer acting in accordance with the provisions of these Sections and in accordance with the provisions of M.G.L. Chapter 111B may use such force as is reasonably necessary to carry out his or her authorized responsibilities. If the Police Officer reasonably believes that his or her safety or the safety of other persons present so requires, he or she may search such person and his or her immediate surroundings, but only to the extent necessary to discover and seize any dangerous weapons which may on that occasion be used against the Officer or other person present; provided, however, that if such person is held in protective custody at a Police Station all valuables and all articles which may pose a danger to such person or to others may be taken from him or her for safekeeping and if so taken shall be inventoried.
   (G)   A person assisted to a facility or held in protective custody by the Police pursuant to the provisions of these Sections and M.G.L. Chapter 111B, Section 8, shall not be considered to have been arrested or to have been charged with any crime. An entry of custody shall be made indicating the date, time, place of custody, the name of the assisting Officer, the name of the Officer in charge, whether the person held in custody exercised his or her right to make a phone call, whether the person held in custody exercised his or her right to take a breathalyzer test, and the results of the breathalyzer test if taken, which entry shall not be treated for any purposes, as an arrest or criminal record.
(CBC 1985 12-14.3; Ord. 2005 c. 3)
12-14.4   Applicability.
   If any provision of these Sections imposes greater restrictions or obligations than those imposed by any other general law, special law, regulation, rule, ordinance, order or policy then the provisions of these Sections shall control.
(CBC 1985 12-14.4; Ord. 2005 c. 3)
12-14.5   Regulatory Authority.
   The Commissioner of the Boston Police Department shall have the authority to promulgate rules and regulations necessary to implement and enforce these Sections.
(CBC 1985 12-14.5; Ord. 2005 c. 3)
12-14.6   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 12-14.6; Ord. 2005 c. 3)
12-14.7   Implementation.
   The provisions of these Sections shall be effective immediately upon passage and all provisions shall be enforced immediately.
(CBC 1985 12-14.7; Ord. 2005 c. 3)
12-15   CONCUSSIONS.
12-15.1   Concussion Prevention.
   (A)   The provisions of this Section shall be applicable to any elementary, middle or secondary school in the city, public or private, and any community center, public or private, which organizes and sponsors extracurricular athletic activities including games and practices for its student athlete(s). STUDENT ATHLETE shall mean a student who prepares for or participates in an extracurricular athletic activity. EXTRACURRICULAR ATHLETIC ACTIVITY shall have the same meaning as that provided for in the Department of Public Health Regulations, 105 CMR 201.005; provided however, that the provisions of this Section shall also be applicable to any community center that organizes and sponsors noninterscholastic youth sports programs for athletic competition or instruction for participants under the age of 18.
   (B)   All schools and community centers shall ensure that all coaches, certified athletic trainers, trainers, volunteers, school and team physicians, school nurses and athletic directors annually complete a head injury training program approved by the Department of Public Health as found on the Department’s website. Schools and community centers may, in addition to on-line training programs approved by the Department, participate in live training programs that provide training in the recognition, management, response and prevention of concussions and other sports-related head injuries.
(Ord. 2012 c. 5 § 1)
12-15.2   Concussion Management.
   (A)   A student athlete who sustains a head injury or suspected concussion, or exhibits signs and symptoms of a concussion, or loses consciousness even briefly, shall be removed from play by the student athlete’s coach or certified athletic trainer as set forth in 105 CMR 201.010. The coach shall notify the parent or legal guardian of the student athlete as set forth in 105 CMR 201.010.
   (B)   A student athlete who has been removed from play may not return to play until the student athlete receives appropriate medical clearance as set forth in 105 CMR 201.011.
(Ord. 2012 c. 5 § 1)
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