City of Quincy, MA Licenses and Permits

Editor's Note: Original § 5.04.090, Vehicles used for commercial hauling, which immediately followed this section, was repealed 6-1-2020 by Order No. 2020-012.

Article II Business Licenses and Fees

[Adopted 5-17-1993 as Ch. 5.40 of the 1993 Code]

§ 196-5 Auctioneer.

[Amended by Order No. 95-084]

Every person licensed as an auctioneer shall give a bond in the sum of $200 to the Treasurer/Collector with sufficient sureties to be approved by the Board of Licensing Commissioners, with condition that he shall in all things conform to the laws relating to auctioneers, and shall pay for the license the sum of $25.

§ 196-6 Billiard tables, pool tables or bowling alleys.

[Amended by Order No. 95-084]

Every person licensed to keep a billiard or pool table or a bowling alley shall pay the City Clerk, for the use of the City, the sum of $125 for each table and $40 for each bowling alley. All such licenses shall be recorded by the City Clerk in a book kept for that purpose before being delivered to the licensee. Such record shall set forth the name of the person so licensed, the nature and location of the business and the number of tables or alleys, and such license shall continue in force, unless sooner revoked, until the first day of May next ensuing. Such licenses, however, may be granted during the month of April, to take effect on the first day of May then next ensuing.

§ 196-7 Common victualler.

[Amended 6-1-2020 by Order No. 2020-012]

Every person licensed as a common victualler shall pay for the license the sum of $100.

§ 196-8 Fast-food vendors.

[Amended 6-1-2020 by Order No. 2020-012]

No person shall, without a license from the Board of Licensing Commissioners, offer for sale to the general public pizzas, submarine sandwiches, hamburgers, and food of like nature and/or similar foods to be consumed off the premises. The license fee shall be $50. Whoever violates this section shall pay a fine of $50 for each violation.[1]

Editor's Note: Original § 5.40.050, Health Department fees, which immediately followed this section, was repealed 6-1-2020 by Order No. 2020-012. See now Ch. 150, Fees, Art. VI, Health Commissioner Fees.

§ 196-9 Lodging houses.

[Amended 6-1-2020 by Order No. 2020-012]

The Board of Licensing Commissioners may grant a license for the operation of a lodging house, which license shall expire on December 31 of each year but may be granted during December to take effect on January 1 following. The fee for such license shall be $250.

§ 196-10 Rental and lease of motor vehicles.

[Amended 6-1-2020 by Order No. 2020-012]

The Board of Licensing Commissioners may grant licenses to such persons as it deems expedient to employ or use any vehicle for rental or lease, which place of business is within the City limits. The fees for such licenses shall be fixed by the Board.[1]

Editor's Note: Original § 5.40.080, School of massage or massage establishment, which immediately followed this section, was repealed 6-1-2020 by Order No. 2020-012.

§ 196-11 Secondhand motor vehicle dealers.

License; fees. The Board of Licensing Commissioners may grant licenses in accordance with the provisions of MGL c. 140, §§ 58 and 59, and acts in amendment thereof and addition thereto. The fees for such licenses shall be fixed by the Board.

License requirements. No motor vehicle junk license, granted under MGL c. 140, § 59, shall be issued unless the location shall be at least 500 feet from the street line and the nearest property lines and shall have a fence erected around the property approved by the Board of Licensing Commissioners.

§ 196-12 Used car dealer's/motor II license.

[Amended 6-4-2018 by Ord. No. 2018-014]

Licensing; fee.

No person, company, corporation or other entity shall offer for sale more than four secondhand motor vehicles in a calendar year without obtaining a used car dealer's/motor II license from the Board of Licensing Commissioners. No person, company, corporation or other entity shall offer auto repair services without obtaining a used car dealer's/motor II license.

Application for a used car dealer's license/motor II shall be made on a form approved by the Board of Licensing Commissioners and shall be accompanied by a nonrefundable application fee of $100.

Licenses shall expire annually on December 31. Except as provided in Subsection E of this section, issuance of a license during the previous licensing period shall not create a presumption in favor of the applicant.

Notice of denial of an application for a license herein shall be accompanied by a statement setting forth specific reasons for the denial.

(5)

Licenses may be issued upon such terms and conditions and with such restrictions as the Board of Licensing Commissioners deems expedient and in the best interests of the health, safety and welfare of the residents of Quincy.

(6)

Said licenses may not be sold, conveyed, assigned or transferred without the consent of the Board of Licensing Commissioners.

Licensing; minimum standards. The Board of Licensing Commissioners may license such applicants as it determines are suitable to conduct a used car sales/motor II business in the City. Failure to comply with the provisions of this section, with state consumer protection statutes or with any licensing terms, conditions or restrictions imposed by the Board of Licensing Commissioners shall be prima facie evidence that the applicant is not suitable to conduct said business. Applicants shall be required, at a minimum, to demonstrate that the following criteria have been met:

That the business is conducted at a location that satisfies all applicable requirements of Chapter 375, Zoning;

That the principal use of the location is used automotive sales/motor II and that all other uses are supportive of or accessory to used automotive sales/motor II;

That the area controlled by the business is of sufficient size to allow:

Storage or display of the number of cars in and that can be sufficiently located on the property as determined by the following: the total size of property parcel divided in half, allowing for one car space per 300 square feet of the remaining square footage. Any fractional proportions are to be rounded down. Vehicles stored indoors overnight are not restricted under this section. An appeal of the number of allowed car spaces per license shall be made to the Board of Licensing Commissioners in writing within 30 days of the license issuance. The Board of Licensing Commissioners shall not be permitted, upon appeal, under any circumstance to allow the minimum square footage requirement per car space to be below 200 square feet per space.

Employee and customer parking of no fewer than three spaces, provided that one additional employee/customer parking space shall be required for each additional 20 spaces for storage or display.

That the applicant is engaged principally in the business of used car sales and/or motor II.

(5)

That the property can accommodate the number of spaces outlined herein.

[Added 2-3-2020 by Order No. 2020-014]

The Board of License Commissioners must administratively approve that the property can accommodate the number of spaces outlined herein. The Board of License Commissioners may consider the following to reach its determination: layout of site, topography, soil conditions, objects and structures located on the property, access and egress, landscaping, and any other condition that the Board of License Commissioners deems relevant to maintaining public safety and safe passage to, from, and through the location.

Upon the administrative determination, by the Board of License Commissioners or its designee, that the property cannot accommodate the number of spaces allowed herein, or if the business/property is not in compliance with any provisions of Chapter 375, Zoning, the number of spaces may be reduced to an amount deemed reasonable based upon the criteria contained herein. Any licensee for whom the Board of License Commissioners or its designee has administratively reduced the allowable spaces shall be notified, in writing, of their right to appeal to the Board of License Commissioners for a hearing regarding the same. At said hearing the licensee may present evidence and testimony on their behalf before the Board of License Commissioners. At the conclusion of the appeal hearing the Board of License Commissioners shall have the authority to uphold the administrative determination, amend the administrative determination, or amend with conditions. At no time shall the number of spaces permitted be more than authorized by the calculations of square footage herein.

Business operation; minimum standards.

Recordkeeping.

Each used car dealer shall keep records as required by MGL c. 140, § 62.

Said records shall be made available upon request to any police officer, Board of Licensing Commissioners member, or duly appointed agent of the Board of Licensing Commissioners authorized to enforce ordinances relative to licensing.

Maintenance of business premises.

Each used car dealership shall be maintained in a clean and sanitary manner and shall comply with all applicable health, safety and sanitation codes and standards promulgated by the City's building, wire, plumbing, health and fire inspectors.

Each used car dealership and auto repair service shall comply with Chapter 375, Zoning, § 5.3, Signs.

All parts and materials incidental to the operation of said used car dealership/motor II shall be stored in a designated area and concealed from public view. Waste oil shall be stored in compliance with 527 CMR 906. Disposal of residual parts and materials shall be made in a timely manner and in accordance with applicable federal, state and local regulations.

Agents and employees of the City authorized to enforce health, safety and sanitation codes may at any time enter onto the premises of a used car dealer to inspect for compliance with applicable health, safety and sanitation codes, the provisions of this section, and any license restrictions or conditions.

Display of license. Each used car dealer/motor II shall display at all times a current used car dealer's license on the premises at which the business is conducted. Said license shall be displayed in the business office, so as to be in clear view of patrons.

Dealer plates required. Each used car dealer shall apply for and obtain dealer plates from the Registry of Motor Vehicles within 30 days of obtaining an initial license. Copies of current dealer plate registrations shall be filed with the City Clerk's office, upon receipt of the original registration and/or registration renewals.

Failure to comply with provisions; penalties.

Violation of any provision of this section or of the terms, conditions or restrictions imposed on a specific licensee may be punished by a fine imposed under the provisions of MGL c. 40, § 21D, in accordance with the following schedule:

First offense: $300.

Second/subsequent offenses: $500 (each separate day an offense exists shall be considered a subsequent offense).

Violations of any provision of this section, applicable health, safety and sanitation codes or the specific terms, conditions or restrictions of a license may be cited by any person authorized by the Board of Licensing Commissioners to enforce ordinances relative to licensing or to enforce applicable provisions of health, safety and sanitation codes.

Failure to comply with the provisions of this section, with state consumer protection statutes or with any license terms, conditions or restrictions imposed by the Board of Licensing Commissioners may result in suspension, modification or revocation of any license, after three days' written notice and hearing by the Board of Licensing Commissioners.

Implementation of provisions.

This section shall take effect on July 1, 2018, provided that any person licensed as a used car dealer on December 31, 2017, whose business does not meet the minimum standards for licensure, as set forth in Subsection B above, may apply annually for renewal of said license.

Said licensees shall be eligible for re-licensing provided that they meet the following criteria:

That the business has remained in continuous operation since December 31,2017.

That the applicant is the same person or entity licensed as of December 31, 2017. For purposes of this section, a corporation shall be considered the same entity only so long as a majority of its officers, directors and/or shareholders remain the same.

Persons applying for renewal of licenses under this section shall be subject to all the provisions of Subsections C and D above, and shall provide spaces for storage/display of cars and employee/customer parking in a quantity determined by the size of the lot.

SHORT-TERM RESIDENTIAL REGISTRY

No applicant licensed under this section shall seek an increase in the number of cars licensed for display and/or storage as of July 31, 2018. Nothing in this section shall prohibit any dealer licensed under this section from applying for a license under Subsections A and B of this section.

§ 196-13 Video and pinball games.

The Board of Licensing Commissioners may grant up to four licenses for video and pinball games in the City. No more than four shall be issued to any one establishment.

§ 196-14 Regulation of short-term residential rentals.

[Added 3-15-2021 by Order No. 2020-125]

Purpose. The purpose of this section is to provide a process through which certain dwelling units must be registered with the City of Quincy for use as short-term rental units consistent with the regulatory requirements prescribed within this section and to set up a complaint process for violations of the provisions contained in this section.

Definitions. The following terms contained in this section shall have the corresponding meanings:

HOME SHARE UNIT

A residential unit offered as a short-term rental that is the operator's primary residence. Occupancy shall be limited to three bedrooms and six guests in a home share unit at any given time.

LIMITED SHARE UNIT

A residential unit that is the operator's primary residence, a portion of which is offered as a short-term rental unit while the operator is present. Total occupancy shall be limited to two bedrooms or four guests in a limited share unit. One of the total number of bedrooms must be reserved for the operator.

OPERATOR

A person who is the legal or equitable owner of the residential unit that he or she seeks to offer as a short-term rental. Only one owner may be registered as an operator on the short-term rental registry for a residential unit, and it shall be unlawful for any unregistered person to offer a residential unit for short-term residential rental.

OWNER-ADJACENT UNIT

A residential unit offered as a short-term rental which is not the owner's primary residence but which is located within the same dwelling as the primary residence of, and is owned by, said owner; provided that owner-adjacent units used as short-term rentals shall only be allowed in two-family or three-family dwellings where all units are owned by the same owner-occupant who serves as the operator; provided further that, for the purposes of owner-occupied three-family residential dwellings, in addition to the unit in which they reside, an operator of an owner-adjacent unit may only use one owner-adjacent unit as a short-term rental.

PRIMARY RESIDENCE

The residential unit in which the operator resides for at least nine months out of a twelve-month period. Primary residence is demonstrated by showing that as of the date of registration of the short-term residential unit on the short-term residential registry, the operator has resided in the residential property for nine of the prior 12 months, as demonstrated by at least two of the following: utility bill, voter registration, motor vehicle registration, deed, lease agreement, driver's license or state-issued identification by the Commonwealth of Massachusetts.

RESIDENTIAL UNIT

A dwelling unit within a dwelling classified as a residential use, as those terms are defined in the City's zoning code, but excluding the following types of dwelling units: a congregate living complex; senior citizen housing; a group residence; a homeless shelter; and transitional housing.

SHORT-TERM RENTAL(S)

The use of a residential unit for residential occupancy by a person or persons for a period fewer than 31 consecutive calendar days for a fee. A short-term rental may or may not be arranged through a booking agent.

The database or registry maintained by the Department of Inspectional Services (DIS) of the City of Quincy.

Short-term residential rentals in the City of Quincy. No residential unit shall be offered or rented as a short-term rental except in compliance with the provisions of this section.

Ineligible residential units. The following residential dwellings or units are not eligible to be offered or rented as short-term rentals:

Residential dwellings or portions of dwellings located in a Residence A district as defined in the City of Quincy's Zoning Regulations as set forth in § 2.1.1 of the Municipal Code of the City of Quincy.

Residential units designated as below market rate or income-restricted, that are subject to affordability covenants, or that are otherwise subject to housing or rental assistance under federal, state or local laws.

Residential units subject to any requirement of federal, state or local law that prohibits the leasing or subleasing of the unit or use of the unit as a short-term rental.

Residential units that are the subject of two or more findings of violations of this section within a six-month period, or three or more violations of any municipal ordinance or state law or code relating to excessive noise, improper disposal of trash, disorderly conduct, disturbing the peace, or other similar conduct within a twelve-month period.

(5)

A residential unit which is not the operator's primary residence or a residential unit which is not located in a dwelling that includes the operator's primary residence.

Residential units not subject to the provisions of this section.

Currently licensed lodging houses. A residential unit that is located in a dwelling holding a current and valid certificate of occupancy as a lodging house and a lodging house license issued by the City of Quincy shall not be subject to the provisions of this section.

Requirements for short-term rentals.

Short-term residential rental registry.

There is hereby established a short-term residential rental registry to be administered by the Department of Inspectional Services (DIS). The DIS shall accept registrations of all operators of short-term residential rental units within the City of Quincy. Prospective operators shall be subject to a screening process administered by the DIS, which shall obtain input from the City's Health Department and the Quincy Police Department, to ensure compliance with the regulatory requirements of this ordinance. In addition, all residential units registered to be offered as short-term residential rentals pursuant to this section shall be required to have fire safety inspections conducted by the Quincy Fire Department, and an operator shall present to the DIS satisfactory evidence that the registered has successfully passed such fire safety inspection within 30 days of registration. A unit that does not successfully pass such inspection is not eligible to be offered as a short-term rental and the registration shall be revoked by the DIS. A unit to be offered as a short-term rental must also undergo an inspection by the City's Health Department and must pass such inspection before being offered as a residential rental unit.

Prior to offering any short-term residential rentals as defined in this section, an operator shall register with the DIS. This shall be an annual registration for each property offered for short-term residential rental. Annual registration shall be valid for a one-year term, commencing on January 1 through December 31 of each year, or for such alternative twelve-month period as DIS Director (the "Director") shall determine. This registration process shall require an operator to provide such operator's complete name and the address of the unit in the City to be offered for short-term rental; operator's relationship to the unit; whether a unit is to be offered as a limited share, home share, or owner-adjacent unit, and any other information as required by the DIS. The operator shall also certify that he or she and the residential unit comply with the requirements of this section. An operator who successfully registers his or her residential unit as a short-term rental shall be issued a registration number by the DIS.

Penalties. Failure of an operator to register a property prior to such property being offered for short-term residential rental shall subject the violator to a civil fine in the amount of $100 per day for each property rented in violation of this provision, such amount to be assessed by the DIS. The Director may waive such penalty at the discretion of the Director if said violation is a result of mistake or excusable neglect. An operator who fails to pay such fine, without receiving a waiver, shall be prohibited from offering such property for rental until such fine is paid. Upon repeated violations of this section, an operator shall be prohibited from registering and offering a property or properties as short-term rentals. Such prohibition, for good cause shown, may be appealed to the Director of DIS.

Change in operator status. If an operator offering a registered residential unit ceases to be a primary resident of the unit, or a primary resident of the dwelling in which the unit or units offered as a short-term rental are contained, such operator shall immediately notify the DIS to remove the unit from the Short-Term Rental Registry.

(e)

Re-registration upon unit turn-over. A registration shall be tied to both the residential unit and the operator and will not automatically transfer upon the sale of the unit. New operators are responsible for ensuring that they re-register a unit with the DIS if they wish to continue offering a unit as a short-term rental.

(f)

Councillor notification. Upon receiving an application from a prospective operator of a short-term residential unit, the DIS shall notify the local ward councillor of the application by electronic mail.

Other requirements. An operator may only offer for rental one whole unit listing at a given time subject to the following provisions:

Registration pursuant to Subsection F(1) of this section.

Short-term rental operators shall maintain liability insurance appropriate to cover the short-term rental use.

A dwelling unit or bedroom offered for short-term rental shall comply with building code requirements for occupancy and shall not be subject to any outstanding health, zoning or fire code violations.

Operator-occupied home-share rentals. An operator-occupied short-term rental during which the operator is away from the dwelling for more than seven consecutive days may be rented only as a whole unit to one party of short-term renters at any one time and may not be rented as separate bedrooms to separate parties.

(e)

Short-term rental of an owner-adjacent unit. An owner-adjacent short-term rental may be rented only as a whole unit to one party of short-term renters and may not be rented as separate bedrooms to separate parties.

(f)

Authority of owner of unit. An operator must confirm at the time of registration that he or she has authority to offer his or her residential unit as a short-term rental by certifying the following:

Operator is the owner of the residential unit offered as a short-term rental; and

That offering the residential unit as a short-term rental complies, where applicable, with condominium covenants, by-laws, or other governing documents.

(g)

Local contact. At the time of registration of a unit as a short-term rental, the operator must provide not only his or her own name and contact information, including telephone number, but also the name and such contact information of another individual who is able to readily respond to any issues or emergencies that may arise in the event that the operator is not present or available during a short-term rental.

(h)

Retention of records. The operator shall retain and make available to the DIS, upon request, records to demonstrate compliance with this ordinance, including: records documenting the number of months the operator has resided or will reside in a residential unit; records showing ownership of residential unit offered as a short-term rental; and records demonstrating the number of days per year that a residential unit is offered as a short-term rental.

(i)

Notifications.

The operator shall provide the unit registration number issued by the DIS on any listing offering the residential unit as a short-term rental and shall post a sign on the inside of the residential unit noting the location of any fire extinguishers, fire exits or fire alarms in the unit and, if applicable, in the dwelling.

The operator shall, at least 30 days prior to of registration of a unit provide written notice to abutters within 300 feet of a residential unit that such unit has been registered as a short-term rental.

(j)

Parking requirements. No short-term residential unit shall be offered for rental unless such unit shall have adequate provision for on-premises off-street parking. Adequate parking is defined as at least one off-street parking space per residential unit, with such parking space being additional to a parking space for the dwelling owner. A prospective operator must certify such parking access at the time of registration with the City's Residential Rental Registry.

Penalties.

Offering an ineligible unit as a short-term rental. Any person who offers a unit as a short-term rental, or any booking agent who accepts a fee for booking a unit as a short-term rental, where such unit is not eligible, shall be fined $200 per violation per day by the DIS. Each day's failure to comply with a notice of violation shall constitute a separate violation. The Director may also seek an injunction from a court of competent jurisdiction to prohibit the offering of the unit as short-term rental.

Failure to comply with notice of violation. Any person who fails to comply with any notice of violation of any other provision of this section apart from offering an ineligible unit shall be fined $100 per violation per day. Each day's failure to comply shall constitute a separate violation.

Enforcement.

Enforcement by City. The provisions of this section may be enforced in accordance with the noncriminal civil disposition process prescribed in M.G.L. c. 40, § 21D or by seeking to restrain a violation of this ordinance by court injunction.

Registration fees.

Annual registration fee for limited share units shall be $50.

Annual registration fee for home share units shall be $200.

Annual registration fee for owner-adjacent units shall be $200.

Room occupancy excise. A residential unit subject to the provisions of this section that is also subject to the room occupancy excise pursuant to M.G.L. c. 64G or any other excise or surcharge pertaining to short-term rentals pursuant to state law shall comply with the provisions of those statutes and ordinances. Notwithstanding any provision to the contrary, an operator may use a booking agent for the purpose of collecting and remitting the applicable room occupancy excise to the Commonwealth, and said booking agent shall enter into an agreement with the City of Quincy for the collection and remittance of such tax. If an operator does not use a booking agent to collect payment for short-term rental, the operator shall be responsible for collecting and remitting the applicable room occupancy excise to the Commonwealth. Upon acceptance by the City of the provisions of M.G.L. c. 64G, § 3A, the City may impose such room occupancy excise upon the transfer of occupancy of a room in a short-term rental at a rate of not more than 6% of the total amount of rent for each such occupancy.

Local community impact fee. Upon acceptance by the City of the provisions of M.G.L. c. 64G, § 3A, the City may also in the same manner of acceptance and by separate votes under M.G.L. c. 64G, § 3D(a) and (b) impose community impact fees of not more than 3% of the total amount of rent for short-term rentals as provided in § 3D.

Complaint process; violations.

Complaints. A complaint alleging that a residential unit is in violation of a provision of this ordinance or of any applicable law, code or regulation may be filed with the DIS. The complaint must contain the residential unit's address, unit number (if applicable), date and nature of violations alleged, and the name and contact information of the complaining party.

Review of complaint. Within 30 days after receipt of the complaint, the Director or his designee shall investigate the complaint and shall determine whether a violation may have occurred. If the alleged violation is within the purview of another city agency, or federal or state agency, the Director or his designee shall refer the complaint to such agency for further action. Upon a finding of a violation, the Director or his designee shall serve notice of such violation upon the operator of the residential unit at issue. Service shall be made by certified mail and first-class mail at the address listed in the Short-Term Rental Registry or, if not listed in the Registry, at the address of the unit at issue. The Director shall keep records of all complaints received and determinations made.

Right to hearing. An operator who has been served with notice of a violation may request a hearing by filing a written request for such a hearing with the DIS within 14 days of service of notice of the violation. Service shall be considered to have been made as of the date the certified mail is accepted and signed for or, if not signed for, as of five days subsequent to the date indicated on the notice served, whichever date is earlier in time. Upon receiving a written request for a hearing, the DIS shall notify the complainant of the place, date and time of said hearing. The hearing shall occur no later than 21 days after the date DIS receives the request for a hearing. The time period in which violations must be remedied shall be stayed upon the DIS's receipt of the hearing request until such time that the hearing is held and a decision issued.

Decision. Within seven days after the conclusion of the hearing, the Director or his designee shall sustain, modify, or withdraw the notice of violation and shall inform the person upon whom the notice of violation has been served, in writing, of its decision and the reasons therefor. If the DIS sustains or modifies the notice of violation, said violation shall be remedied within the time period allotted as issued, or as ordered in the modification. If a written request for hearing has not been filed within the required 14 days after notice of violation has been served, or if, after hearing, the notice of violation has been sustained in any part, each day's failure to comply with the notice of violation within the time allotted as issued or modified shall constitute a separate violation.

Severability. If any provision in this section 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.

§ 196-15 Trespass towing regulations.

[Added 1-19-2021 by Order No. 2020-131]

Purpose. It is the purpose of this section to establish specific standards and procedures, consistent with the provisions of General Laws Chapter 266, § 120D, relative to vehicle towing companies and so-called "trespass tows," whereby a motor vehicle is to be towed from a private parking lot or other privately-owned property or way upon the request of a property owner or other person in lawful control of property.

Definitions:

TRESPASS TOWS

A circumstance whereby a motor vehicle is to be towed from private property by a towing service at the request of a private property owner.

When not inconsistent with the context, words in the singular form shall include the plural form. The word "shall" is always mandatory and not merely directory.

Authority: The provisions of this section are intended to be consistent with and not in conflict with the provisions of General Laws Chapter 266, § 120D governing the removal of motor vehicles from private ways or property.

Standards and procedures. Before a vehicle is to be towed as a trespass tow with the cost to be borne by the vehicle owner or operator, the following conditions shall be met in their entirety:

Notice to owner/operator: The person or entity who has lawful control of such private property shall provide fair notice, either by direct communication or by posting said notice, that parking on such private property constitutes a trespass and that violators are subject to trespass towing of a vehicle in violation of the notice. Posted notice must be prominently displayed at each entrance to the property in such a manner that a reasonable person should know that parking at the location without consent of the property owner will result in a trespass tow the vehicle owner/operator's expense. This notice requirement shall not apply to private residential property.

Police notification: No vehicle shall be removed from any private property or way without the consent of the vehicle's owner or operator unless and until notification has been made to the Quincy Police Department that such vehicle is to be removed. Notification shall be made to a Police Department dispatcher in person or by telephone. Upon receipt of the trespass tow notification, an entry into the Quincy Police CAD shall be made.

Police notification standards. Notification to the Police Department shall include the following:

Name and address of the person or entity in lawful control of the private property who/which is directing that a vehicle be removed;

Address from which vehicle is to be towed;

[3]

Name and address of towing service and name or employee number of tow truck operator;

[4]

Address and telephone number of storage facility where vehicle is to be stored;

[5]

Vehicle description, including registration tag and state, VIN#, make model and color;

[6]

The means by which the vehicle operator had notice that parking was prohibited on private property (i.e. verbally or by prominently posted signage);

[7]

Whether entry into vehicle's interior was required and reason for that intrusion;

[8]

All "trespass tow" private property locations shall be on file with the Quincy Police Department prior to any towing operations.

Penalties. Any person who violates the standards and procedures as set forth above by unlawfully removing a vehicle or who otherwise violates said standards and procedures, shall immediately release and return said vehicle to the owner or lawful operator at no expense to said owner or lawful operator, and shall be subject to a fine of not more than $100 for each offense, consistent with the provisions of General Laws Chapter 266, § 120D. The employer, if any, of such person who unlawfully removes a vehicle shall additionally be subject to a fine of not more than $100 for each offense.

Towing, transportation and storage fees. The registered owner of a towed vehicle which has been lawfully towed and stored consistent with the provisions of General Laws Chapter 266, § 120D and the provisions of this section, shall be liable for towing, transportation and storage charges. The person or entity holding such vehicle may hold the vehicle until the registered owner or lawful operator of such vehicle pays such charges. The maximum amount that may be charged for towing, transportation and storage of trespass tows is established by the Commonwealth of Massachusetts, Department of Public Utilities (DPU) and is delineated in General Laws Chapter 159B, § 6B. No other charges or fees may be applied.

Incomplete tows. If the owner or lawful operator of such vehicle appears at the trespass tow location to remove such vehicle before the towing is completed, the tow service may charge the owner or lawful operator up to 1/2 the usual charge for such towing consistent with DPU rules and regulations. In order for any charge to apply, the vehicle must be hooked up to the tow truck or flatbed. A tow truck or flatbed merely appearing at the location prior to the arrival of the vehicle's owner or lawful operator shall not be considered a partial or incomplete tow, and no charges shall apply.

(e)

Storage location. Consistent with the provisions of General Laws Chapter 159B, § 6B, mandating that removed vehicles be stored at a convenient location, vehicles towed as trespass tows shall not be towed or stored outside of the City of Quincy and shall be stored at a location that at a secure location which has safeguards against theft of and from the towed vehicle. The Chief of Police of the Quincy Police Department may, at the Chief's discretion and by written consent, permit storage of trespass tow vehicles outside of the city on a case-by-case basis.

(f)

Vehicle retrieval. Vehicle owners shall have the right to retrieve trespass tow vehicles on a twenty-four-hour, seven-day per week basis. In no case, shall a trespass tow operator or entity cause a delay in the return of such vehicle in excess of 30 minutes provided all applicable towing, transportation and storage fees have been paid.

Compliance and penalties. Any person or entity who purports to authorize the removal from a private property or way in contravention of the provisions of General Laws Chapter 159B, § 6B is subject to a fine of not more than $100 per offense. Any person who removes a vehicle under a trespass tow from a private property or way, or holds such vehicle after its removal, and who has not complied in full with the provisions of this section, shall release such vehicle to its owner or lawful operator without assessing any charges for its removal or storage.

(g)

Miscellaneous:

No entry shall be made by any tow operator into any vehicle towed as a trespass tow unless such entry is reasonably necessary for the safe towing of such vehicle.

Tow service operators and entities shall exercise reasonable care to ensure that vehicles towed as trespass tows are not damaged or stolen and to ensure against theft from vehicles while such vehicles are in the custody of such operators and entities.

[3]

No vehicle shall be towed or placed upon a flatbed vehicle with a person or domestic animal within such vehicle. In instances where a domestic animal is present in such a vehicle, the Animal Control Unit of the Police Department or the Police Department shall be notified of the presence of the domestic animal by the tow service operator or entity before commencing a tow.

[4]

Vehicles owners or lawful operators who are unable to immediately pay the towing and storage fees applicable to a trespass tow shall be afforded by the tow service operator or entity a reasonable single opportunity to retrieve from the vehicle personal property while such vehicle is in the custody of the tow service. Vehicle owners or lawful operators shall not be entitled to remove any parts or items that are mounted to the vehicle.

(h)

Miscellaneous procedures:

Record-keeping. The Quincy Police Department dispatcher who receives notification of a trespass tow under the provisions of this section shall enter a record of such tow with all information required under this section.

Tow suspension. At the discretion of the Chief of Police of the city, all trespass towing may be suspended for a period not to exceed 24 hours in the best interest of the orderly operation of the Police Department and the City.

[3]

Complaints. Vehicle owners or lawful operators who have reason to believe that their vehicle has been towed, transported or stored in violation of state statute, the Code of Massachusetts Regulations, or of this section may submit a written complaint to the Quincy Police Department, or to the Commonwealth of Massachusetts, Department of Public Utilities, with relevant documentation, as follows:

Department of Public Utilities

One South Station

Boston, MA 02110

ATTN: Mr. John Keenan

Severability. If any provision within this section 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.

§ 196-16 Fingerprint-based criminal record checks.

[Added 1-19-2021 by Order No. 2020-132]

Purpose and authorization. In order to protect the health, safety and welfare of the inhabitants of the City, as authorized by M.G.L. c. 6, section 172B 1/2, as enacted by Chapter 256 of the Acts of 2010, this section shall require that applicants for City-issued licenses to engage in certain specified occupational and business activities, as enumerated in this section below, shall submit to fingerprinting administered by the Quincy Police Department. This section shall further authorize the Quincy Police Department to conduct criminal history checks based on such fingerprinting pursuant to section 172B 1/2 of Chapter 6 of the General Laws, as referenced above, and 28 U.S.C., § 534. This section shall further authorize the City to consider the results of such criminal history checks in determining whether or not to grant a license.

Licenses subject to fingerprinting and criminal record check authorization. The requirements and authorizations contained in Subsection A shall apply to applications for licenses for the following occupations and business activities:

Operator of a hackney carriage, as defined in Article I of Chapter 330, § 330-1;

Hawkers and peddlers, as defined in Article II of Chapter 234, § 234-17;