Town of Barnstable, MA
Barnstable County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Manager of the Town of Barnstable 4-12-1991; amended 12-13-2011.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Licensing Authority jurisdiction — See Ch. 121, § 121-6F.
[1]
Editor's Note: These rules and regulations were approved by the Barnstable Licensing Authority 10-17-2016.

§ 406A-1 Compliance required; license required.

Parking lots must comply with all Town of Barnstable ordinances and regulations and shall meet the requirements of zoning, including the site plan review process. A detailed plot plan of the premises specifying the area to be used for parking must be submitted with the application. The plot plan must be approved by the Fire Chief and the Town Engineer before the license shall be approved. A copy of the plot plan shall be retained by the Town Engineer, and a copy shall at all times be available for inspection on the premises by any Town officer. All vehicles shall be parked in spaces as shown on the approved plot plan, and no vehicle shall be parked so as to block the exit or entrance of any other vehicle. No parking lot shall be operated without a valid license on the premises.

§ 406A-2 Posting of maximum daily rate.

A statement of the current maximum daily rate shall be posted conspicuously on the lot. The rate statement must be visible to a customer from the street at all times. The posting of the maximum daily rate shall be in clearly readable block letters 12 inches high and six inches wide with a one-inch stroke. There shall be a minimum of one inch of clear space between all numbers and a minimum of 1 1/2 inches of clear space between the outside of the numbers and any other lettering. It the lot uses more than one entrance, each entrance must comply with this section.

§ 406A-3 Emergency contact.

A notice shall be posted conspicuously on the premises detailing who to contact in the case of emergency. Said information shall contain a telephone number where a person authorized to conduct the business of the owner may be reached during those hours that the lot is not manned. The same information must be legibly printed on the back of all receipt tickets given to customers.

§ 406A-4 Customer refunds.

A notice shall be posted conspicuously detailing when a refund may be due a customer and further explaining how to apply for a refund in the event the lot is not manned at the time of return of the customer. Customers intending to use a service, such as a boat line or sightseeing, which is canceled or sold out or otherwise not available, and return to the parking lot within one hour of parking and inform the attendant of the cancellation or nonavailability of the intended service, may be charged a maximum of $2. The same information must be legibly printed on the back of all receipt tickets given to customers.

§ 406A-5 Receipt required.

No parking lot operator or employee shall accept payment from a customer without issuing a receipt. Each receipt must contain the name and address of the lot, the date of the transaction, the maximum daily rate, the number of days paid for, and the total dollar amount charged. The receipt must also contain the information required in §§ 406A-3 and 406A-4. A copy of the receipt to be used must be filed with every new or renewal application.

§ 406A-6 Notification of Licensing Authority.

License holders shall notify the Licensing Authority in writing of their rates, and no change in rates may be implemented until 24 hours after notification in writing to the Licensing Authority of the proposed rate change.

§ 406A-7 Posting of permit.

A permit must be posted conspicuously on the premises.

§ 406A-8 Prohibited activities on public ways.

A. 
There shall be no soliciting business on any public way, which includes a Town sidewalk. No license holder or any employee of a licensee shall signal from upon the licensed premises or upon the public way a moving vehicle on any public way or cause the stopping of a vehicle thereon. Under no conditions shall any license holder or employee signal or direct traffic on a public way. At all entrances and exits to a public way, all license holders and employees shall remain inside the licensed premises, and off the public way.
B. 
No license holder or any employee of a license holder shall by means of outcry accost any occupant of a moving vehicle which is on a public way.

§ 406A-9 Parking lot license fee.

[Amended 5-6-2016]
The fee for a parking lot license shall be $14 per parking space annually.

§ 406A-10 Legislative authority.

These rules and regulations are adopted under the authority of MGL c. 148, § 56.

§ 406A-11 Violations and penalties.

Any violation of these rules and regulations or violations of any Town of Barnstable ordinance or regulation, or Massachusetts General Laws, shall be cause for rejection, suspension or revocation of a parking lot License. Any violation of these regulations may be enforced by the methods provided in MGL c. 40, § 21D. The fine for violations enforced by said MGL c. 40, § 21D shall be $100.