[Added 10-16-2017 by Ord.
No. 2017-139]
7.2.1.
Purpose.
1. The purpose of this section is to address issues relating to sober
houses in Quincy. Structured sober houses provide housing for individuals
in recovery from addiction to drugs and/or alcohol, including people
who may have co-occurring mental health issues, as they transition
from the treatment setting to life in the community. This housing
assists individuals to return to the community through support in
an alcohol- and drug-free, home-like environment.
2. This section is intended to protect the residents of sober houses
from operators who engage in abuse, neglect, mistreatment, fraud,
and/or inadequate supervision of this vulnerable population as well
as to protect the residents of structured sober living homes and the
neighboring community from operators who fail to provide a supportive,
residential family-like living environment necessary for the residents
to achieve and maintain sobriety, in a manner consistent with the
reasonable expectations of residents living where sober houses are
located in regard to their quality of life.
7.2.2.
Definitions. As used herein, the following terms shall have
the following meanings.
OPERATOR
A company, business or individual who provides services to
or for a sober house, including the placement of individuals in a
residence, setting house rules, and/or governing the behavior of occupants
while residents of the home. An operator does not include a property
owner or property manager that exclusively handles real estate contracting,
property management, and leasing of the property and who does not
receive compensation for services under the first sentence, above.
PARKING PLAN
A plan that provides for adequate off-street parking to ensure
that residents of the sober house and abutting residents can safely
and conveniently park their vehicle(s).
REASONABLE ACCOMMODATION
A change, adaptation or modification of Quincy zoning regulations
to allow a person seeking to take advantage of sober housing to reasonably
do so in the City of Quincy.
SOBER HOUSE
A dwelling unit occupied by more than four persons, all of
whom are in recovery from chemical dependency and considered handicapped
under the Federal Fair Housing Act Amendments of 1988, that provides
a noninstitutional residential environment in which the residents
willingly subject themselves to written rules and conditions, including
prohibition of alcohol and drug use (except for prescription medications
obtained and used under medical supervision), intended to encourage
and sustain their recovery.
7.2.3.
Regulation and oversight.
1. Registration required. No sober house may operate within the City
without first obtaining a registration as provided in this section.
No person shall open or operate a sober house or work for a sober
house in the City until the information required in this section has
been provided to the City Clerk. The operator of any sober house in
the City shall be responsible for updating all required information
on a monthly basis, as necessary. Application for this registration
shall be made within 60 days of the effective date of this section
by any current operator, and within 30 days of the date of application
for an occupancy permit for all new operators.
2. Registration application.
a. Every
applicant for a registration to operate a sober house shall provide
the following information and documentation:
1.
The name and full street address of the structured sober living
home;
2.
The name, full street address, mobile and land phone numbers,
e-mail address, and driver's license or government-issued identification
number of the property owner and the operator;
3.
After a house manager is hired, each house manager's name, full
home living street address, mobile and land phone numbers, e-mail
address, and driver's license or government-issued identification
number;
4.
If the operation of the sober house involves a lease, a copy
of the lease then currently in effect;
5.
The operation plan for the sober house, including supervisory
roles and responsibilities, all plans that facilitate the rehabilitative
process and those that address the maintenance and control of the
property, including parking, noise abatement and the like, all consistent
with local ordinances;
6.
The tenant rules and regulations, written intake procedures
and relapse policy, and discharge plan;
7.
An affirmation by the operator that only residents [other than
the house manager(s)] who have the disability of addiction to drugs
and/or alcohol as defined by state and federal law are eligible to
reside at the sober house and the home will not admit persons who
pose a direct threat to the health or safety of others such as persons
on the sex offender registry or prison pre-parolee;
8.
A blank copy of every form that residents and potential residents
are required to complete; and
9.
A signed and dated safety certification that the following safety
devices are installed and fully functional as well as a schedule for
self-inspecting each device:
[a] Functioning smoke detectors in the sleeping rooms
and common areas.
[b] Functioning carbon monoxide detectors.
[c] Functioning fire extinguishers in plain sight and/or
clearly marked locations.
[d] Interior and exterior of the property is in a functional,
safe and clean condition and free of fire hazards.
b. A
voluntary fire safety inspection of the property shall be offered
as part of the registration process by the Quincy Fire Department.
c. Contact
information shall be provided on an annual basis and updated within
30 days of any change.
3. Registration issuance. Upon receipt of the foregoing information,
the City Clerk shall issue the registration required by this section
as an administrative/ministerial matter. The City Clerk may deny the
registration for a sober house and may deny any transfer of a current
registration or revoke a current registration only under the following
circumstances:
a.
The owner or operator has provided materially false or misleading
information on its application or omitted any pertinent information.
b.
Any owner or operator has an employment history in which he
or she was terminated during the prior five years, or any staff person
has an employment history in which he or she was terminated in the
prior year, due to physical assault, sexual harassment, embezzlement,
theft, falsifying a drug test, or selling or furnishing illegal drugs
or alcohol.
c.
Any operator of a sober house who is in recovery from drug and/or
alcohol addiction who has been clean and sober for fewer than two
full years as of the date of application for this registration or
the date of employment.
d.
Repeated violations of the operating rules and regulations submitted
as part of the application for the registration and/or the supervision
requirements in the sober house for the residents during hours of
operation, the structured sober living home's rules and regulations,
written intake procedures, relapse policy, or discharge procedure
and policy.
4. Parking plan. The operator of a sober house shall provide a parking
plan for review and approval by the Director of Inspectional Services
or his designee providing for off-street parking to accommodate residents
and to address parking impacts of the residence on the abutters.
7.2.4.
Council review. Recognizing that this section necessarily implicates
an individual's rights of privacy and association, various competing
interests of residents in the community, and federal and state regulations
that govern housing and/or sober houses, the City Council shall annually,
at its first meeting in March, schedule a committee review of this
section so as to ensure that it is both lawfully and effectively achieving
its purpose.