Town of Barnstable, MA
Barnstable County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Barnstable 6-1-2006 by Order No. 2006-126.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noncriminal enforcement of violations — See Ch. 1, Art. I.
Rental property — See Ch. 170.
Zoning — See Ch. 240.
Subdivision regulations — See Ch. 801.
[1]
Editor's Note: This order also provided that its subject matter shall be examined by a committee appointed by the President of the Council before 10-1-2007, to report to the Council by 2-1-2008, with respect to any changes which may be deemed necessary or advisable.

§ 59-1 Purpose and intent.

The purpose and intent of this chapter is to guide growth in accordance with the local comprehensive plan, so as to promote beneficial and convenient relationships between the natural resources of the Town and its inhabitants, to address nutrient management and other environmental, health and safety issues resulting from overcrowding in residential dwellings.

§ 59-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BEDROOM
A room providing privacy, intended primarily for sleeping and consisting of all of the following: (a) floor space of no less than 70 square feet; (b) a ceiling height of no less than seven feet; (c) an electrical service and ventilation; and (d) at least one window large enough to provide emergency egress. Living rooms, dining rooms, kitchens, halls, bathrooms, unfinished cellars and unheated storage areas over garages are not considered bedrooms.
[Amended 10-19-2006 by Order No. 2007-033]
OCCUPANT
Any person who has attained the age of 18 who has resided in a residential dwelling for any length of time.
[Amended 1-17-2013 by Order No. 2013-033]
RESIDENTIAL DWELLING
A single unit providing complete independent living facilities for one or more persons, including provisions for living, sleeping, eating, cooking and sanitation.

§ 59-3 Maximum number of occupants.

The maximum number of occupants in a residential dwelling shall be determined by the number of bedrooms contained therein. A maximum number of two occupants is permitted for each of the first two bedrooms; for each additional bedroom a maximum number of one occupant is permitted. It shall be a violation of this chapter for any person in excess of that provided herein to occupy any residential dwelling.[1]
[1]
Editor’s Note: Former Subsection B, regarding the maximum number of motor vehicles permitted, which immediately followed, was repealed 1-17-2013 by Order No. 2013-033.

§ 59-4 Exemptions.

[Amended 1-17-2013 by Order No. 2013-033]
Children, grandchildren and foster children of an owner or occupant shall be exempt from these provisions.

§ 59-5 Enforcement; violations and penalties.

A. 
This chapter may be enforced by the Building Commissioner, or his designee, the Board of Health and/or its designees or the police.
B. 
The owner, lessee or person in a position of control of any dwelling unit found in violation of this chapter shall be subject to a fine not to exceed $300. Each day of continued violation may be deemed to be a separate offense.
C. 
This chapter may be enforced under the provisions of MGL c. 40, § 21D. The fine for any violation under the provisions of MGL c. 40, § 21D shall be $100. Each day of continued violation may be deemed to be a separate offense.

§ 59-6 Severability; construal of provisions.

A. 
Each provision of this chapter shall be construed as separate. If any part of this chapter shall be held invalid for any reason, the remainder shall continue in full force and effect.
B. 
Nothing herein shall be construed as allowing for more bedrooms in any residential dwelling than are otherwise permitted by any state or local law or regulation governing health and safety.