(C0179-19; amended as part of October 2021 update)
The purpose of this division is to clearly provide requirements and stipulations for applicants wishing to obtain an outdoor dining permit, as well as provide an enforcement mechanism for both the granting of said permits and the enforcement of compliance. Installation or construction of outdoor dining areas may not begin until an outdoor dining permit is issued by the department of planning and development and presented to the applicant.
(C0179-19; amended as part of October 2021 update)
(a) 
The standards set forth in this division shall apply to outdoor dining areas both on public and private property.
(b) 
If a permit is granted to an applicant for use of a municipally owned sidewalk to construct and maintain an outdoor dining area, it will have the effect of granting an easement to said applicant over the specified area of sidewalk as part of the permittee’s private establishment for the dates and times specified on the applicant’s permit.
(c) 
For the purposes of this division, Section 17-6 (Obstruction in streets and gutters) shall not apply.
(C0179-19; amended as part of October 2021 update)
The following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) 
“Barrier” means a physical, freestanding object used to demarcate the outdoor dining area.
(b) 
“Outdoor dining” means any group of tables, chairs, or other seating fixtures and all related appurtenances maintained within the public sidewalk and intended for the purpose of consumption of food or beverage by patrons, when such is located adjacent to a food or beverage service establishment having the same operator. Outdoor dining shall not be considered an encroachment so long as all outdoor facilities related thereto are temporary in nature, are not permanently affixed so as to extend below, on, or above the sidewalk, involve no penetration of the sidewalk surface, are not attached to any building, and are readily removable without damage to the surface of the sidewalk.
(c) 
“Sidewalk” means that area of public right-of-way reserved for pedestrian traffic between the curb and the front line of a building.
(C0179-19; amended as part of October 2021 update)
(a) 
Barriers.
(1) 
Barriers Required.
The perimeter outdoor dining areas that extend more than 3 feet into the public right-of-way shall be enclosed by barriers that are durable, removable and maintained in good condition.
(2) 
Barriers Not Required.
Outdoor dining areas that extend 3 feet or less into the public right-of-way are not required to be enclosed by a barrier.
(3) 
Barrier Design.
a. 
Various styles of barriers are acceptable for outdoor dining areas. Barriers must be freestanding, stable, and removable. Barrier segment bases must be flat with tapered edges that are between 1/4 to 1/2 inch thick.
b. 
Types of Barriers.
1. 
Sectional Fencing.
Rigid fence segments may be placed end-to-end to create the appearance of a single fence. Footing shall be flat. Sectional fencing shall be composed of metal or non-pressure-treated wood and painted or finished in the owner’s choice of color, subject to the approval of the department of planning and development. Sectional fencing may be composed of aircraft cable, fabric, steel or iron elements.
2. 
Planters.
Outdoor planters may be used as a barrier component and should be placed at the corners and entry of the outdoor dining area. Planters must be no more than 3 feet in height and must be kept in clean condition.
(4) 
Barrier Qualities.
a. 
Freestanding.
Barriers must not be permanently attached to any structure or sidewalk.
b. 
Stable.
A barrier must be well-balanced and difficult for pedestrians to topple, trip over or remove.
c. 
Prohibited Barrier Materials.
1. 
Chain link;
2. 
Rope rails;
3. 
Chain rails;
4. 
Pressure-treated lumber; and
5. 
Other materials. The use of materials for barriers that is not specifically designed as fencing, such as buckets, flag poles, newspaper stands and waste receptacles, is prohibited.
(5) 
Barrier Measurements.
The following barrier measurements should be utilized in order to guide pedestrian traffic and establish the separation of the outdoor dining area from the street:
a. 
Height.
Outdoor dining stanchions, posts and sectional fences must be 36 inches or greater in height.
b. 
Open Appearance.
Outdoor dining fences shall allow patrons and pedestrians to see from the dining area to the street and vice-versa.
c. 
Maximum Distance from Ground.
The lowest point in the barrier should be no more than 6 inches in height. This is to ensure that visually impaired pedestrians who use canes will notice the barrier.
(6) 
Access Openings.
a. 
Location.
The access opening shall be located along the front or parallel edge of the outdoor dining barrier. The access opening must be kept clear of other materials.
(7) 
Minimum Access Width.
All access openings shall measure 44 inches or greater in width. In any case, the access doors shall not reduce in width from the entry door(s).
(8) 
Planters and Planter Boxes.
a. 
General.
Planters must be removable and stored after the close of business. Planters may be used in outdoor dining areas that do not have barriers to separate them from the public right-of-way, in cases where outdoor dining areas do not extend 3 feet or more into the sidewalk. Planters may also be used as a barrier component, placed on the corners and entry of the outdoor dining area.
b. 
Maximum Height.
Planters may be no more than 3 feet in height. If placed on a sidewalk or other public property, the total height of the planter and planted material may be no more than 4 feet in height. A waiver provision may be granted by the department of planning and development for planters and planted material placed within an outdoor dining area located solely on private property.
c. 
Planted Materials.
Planters and the plants they contain should be well-maintained and kept free of litter and debris. Planters shall contain living plants.
(b) 
Furniture and Fixtures.
(1) 
Quality, Context and Variety.
a. 
Furniture and fixtures must be durable and of sturdy construction. Furniture and fixtures must be able to withstand weather without blowing over. Furniture and fixtures shall be removed at the end of each business day.
b. 
While a variety of tables, chairs, and umbrellas is acceptable, operators are advised to consider the context of the neighborhood and nearby buildings when making decisions concerning furniture and fixtures. A range of furniture styles, colors, and materials is permitted; however, furniture and fixtures must be clean and free of fading, corrosion, splinters, dents, tears and chipped paint.
(2) 
Prohibited Types of Furniture.
a. 
Prohibited Furniture.
Furniture that is permanently affixed to the sidewalk or exterior of a restaurant, café, or other dining establishment is prohibited. Tables, chairs, umbrellas, menu displays and barrier elements are the only acceptable outdoor furniture items. Waste receptacles are required only in outdoor dining areas that do not provide wait service; otherwise, waste receptacles are not permitted.
b. 
Prohibited Elements.
Shelves, serving stations, loudspeakers, sofas and televisions are prohibited.
c. 
Freestanding.
Neither furniture nor other outdoor dining elements may be tied or otherwise secured to trees, lamp posts, street signs, or hydrants at any time.
(3) 
Tables.
a. 
Tables must be functional and well-maintained. Tables may be any shape but may not be over 36 inches in height. Table color is subject to department of planning and development approval. Smaller tables are encouraged, as they provide more layout flexibility. Square and rectangular tables can be combined to create a larger table if necessary. Table edges and corners must be rounded and safe for passing pedestrians. Tables must have smooth, cleanable surfaces.
1. 
Encouraged Table Materials.
Metals, finish grade woods, sturdy recycled materials.
2. 
Discouraged Table Materials.
Breakable plastics and unfinished lumber.
(4) 
Chairs.
a. 
Durability.
Chairs should be able to withstand weather factors such as wind and remain in good condition. Chairs should be of sturdy construction. Chairs should not show evidence of deterioration or damage to structure or finishes.
b. 
Fabrication.
Chairs may be fabricated of metal, finish grade wood, or composite material. Chairs may incorporate fabric elements or may be upholstered but must be maintained in clean condition. For upholstered chairs, water resistant textiles are strongly encouraged.
c. 
Color.
Chair color is subject to the approval of the department of planning and development. Chairs may be painted, stained, or unpainted in color, but must have surfaces that are properly finished such that there is no rust, splintering or other deterioration.
(5) 
Umbrellas.
a. 
General.
Umbrellas must be contained within the defined dining area. Square or rectangular market-style umbrellas are recommended for space-efficient design.
b. 
Height.
When open, umbrella canopies must be between 7 feet and 10 feet tall. If any portion of the umbrella canopy encroaches into a public sidewalk, the umbrella canopy height must be between 8 feet and 10 feet tall.
c. 
Materials and Design.
Umbrellas must be suitable for outdoor patio use and thus must be able to withstand the weather without blowing over. Canvas is preferred. Umbrellas must be a solid color, subject to the approval of the department of planning and development. Umbrellas may not contain advertisements of any sort. No lettering is permitted on outdoor dining umbrellas.
(6) 
Sidewalk Coverings.
a. 
No alterations or coverings may be made to sidewalks or placed over the outdoor dining space.
b. 
Platforms, artificial turf, paint or carpet are prohibited.
(7) 
Signage and Displays.
a. 
All signage and printed materials that are displayed must be within the outdoor dining area enclosure.
(8) 
Circulation Room.
a. 
Outside of the Outdoor Dining Area.
Outdoor dining area must allow for a minimum of 5 feet of unobstructed passageway on the sidewalk.
1. 
The pedestrian passageway allowance may vary to a greater or lesser degree based on a determination of the department of inspectional services.
2. 
No element of the outdoor dining area, including umbrellas, plants, barriers, or signage elements may obstruct the pedestrian passageway. Light poles, tree wells, fire hydrants and other items may not fall within the pedestrian path allowed between the curb and the leading edge of the outdoor dining area.
b. 
Inside of the Outdoor Dining Area.
If outdoor dining barriers are utilized as dining area perimeters, a minimum of 3 feet must be allowed for patrons and wait staff circulation inside the dining area.
1. 
Wait staff shall not serve patrons from outside of the barrier.
(9) 
Setback from Other Businesses and Residential Zones.
Restaurant and café owners and managers must ensure that outdoor dining areas do not unreasonably obstruct the visibility of neighboring businesses.
(c) 
Utensils, Plates, Napkins, Menu.
Any accessory to the outdoor dining experience, including but not limited to utensils, plates, napkins and menus, must be made of a heavy enough material to resist blowing away during regularly anticipated climate. As such, paper and Styrofoam products shall be prohibited from the outdoor dining area.
(C0179-19; amended as part of October 2021 update)
(a) 
All applications for outdoor dining permits, pursuant to this division, shall be completed, reviewed and processed in accordance with the provisions prescribed herein.
(b) 
Permit Conditions.
(1) 
Outdoor dining permits shall only allow the permit holder to operate on the property address for which the permit was granted. To apply for an outdoor dining permit, the applicant must be in good standing with the city of Everett for taxes and must not be subject to any outstanding building, sanitary, zoning or fire code violations.
(2) 
An outdoor dining permit shall be tied to both the location of the dining establishment and the owner of said dining establishment. As such, the permit will not automatically transfer upon the sale of the dining establishment. New owners are responsible for ensuring that they reapply for an outdoor dining permit with the city of Everett to obtain a new permit if they wish to continue to make use of an outdoor dining area.
(3) 
Outdoor dining permits will allow the permittee to make use of an outdoor area for consumption of food and/or beverage for a period of time indicated on the permit. At the conclusion of the final day specified on the permit, the permit shall automatically expire. The standard dates of operation for outdoor dining shall be from Patriot’s Day to Columbus Day. Any requests for an extension of these dates of operation must be made to the director of the department of planning and development.
(4) 
Outdoor dining permits must be renewed annually.
(5) 
Outdoor dining areas may be utilized only from the hours of 7:00 a.m. to 10:00 p.m. Any use of the outdoor dining area outside of this time window shall be considered a public nuisance in accordance with Sections 13A-61 and 13A-62.
(6) 
No persons within the designated outdoor dining area may smoke, vape, or make use of any tobacco and/or marijuana product.
(7) 
The service and consumption of alcohol in the designated outdoor dining area may allowed only through separate licensing board approval. As such, dining establishments with existing liquor licenses must receive additional approval from the licensing board before allowing service and consumption of alcohol in an outdoor dining area.
(8) 
Upon request by any member of the public, the outdoor dining permit must be presented.
(c) 
No fire source may be contained inside the outdoor dining area. This includes, but is not limited to, fire pits, outdoor heaters and ovens.
(d) 
The city of Everett reserves the right to force the permittee, with a 24 hours’ notice, to remove all furniture and barriers from a municipally owned sidewalk for the purpose of a city-sponsored event or as the city deems necessary for maintenance and repair.
(C0179-19; amended as part of October 2021 update)
(a) 
Permit Process.
(1) 
No person shall operate an outdoor dining area in the city of Everett without first obtaining an outdoor dining permit and satisfying all of the requirements of this division.
(2) 
Each applicant shall submit and file an application with the department of planning and development. The application shall set forth:
a. 
The name, address, and telephone number of the applicant and property owner, written authorization of the owner of the property in question, and the street address and block and lot number of the property in question.
b. 
A sketch containing a scale drawing clearly illustrating the location and number of proposed tables, chairs, planters, or other fixtures proposed to be located in the outdoor dining area.
1. 
The scale drawing shall also illustrate the location and widths of any doors leading from the food establishment to the outdoor dining area. No such door may be obstructed in any manner.
2. 
The scale drawing shall note the dimension and location of the unobstructed space permitting passage of pedestrian traffic around or through the outdoor dining area.
3. 
The scale drawing shall illustrate the location of all fire hydrants, utility poles, or other fixtures permanently located in the outdoor dining area, on the sidewalk, or within 50 feet of the outdoor dining area.
c. 
A statement of the seating capacity of the existing food establishment and the proposed seating capacity of the outdoor dining area.
(3) 
The department of planning and development shall then make a recommendation to the chief of police, in accordance with Section 17-12, who shall be the final issuing authority for the outdoor dining permit.
(C0179-19; amended as part of October 2021 update)
(a) 
No outdoor dining permit shall be issued until the applicant first files with the department of planning and development a comprehensive general liability policy issued to the applicant by a public liability insurance company authorized to do business in the Commonwealth of Massachusetts in the amounts specified. Such insurance policy shall name the city of Everett as additional insured with respect to the operation and maintenance of the outdoor dining area in an amount determined by the city.
(b) 
The insurance coverage required by this section shall at all times be maintained for the full amount and shall contain a clause obligating the company issuing said insurance coverage to give not less than 30 days’ written notice to the department of planning and development before cancellation or amendments of any of the terms thereof. The cancellation of any such policy shall have the immediate effect of suspending the permit to operate the outdoor dining establishment until a new policy complying with the provisions of this section is filed with the department of planning and development and a letter confirming the new effective date of the permit is issued by the department of planning and development.
(c) 
No permit shall be issued until a statement is filed with the department of planning and development agreeing to indemnify and hold harmless the city of Everett from any and all claims, damages, judgment costs, or expenses, including attorneys’ fees, which may be incurred or required to pay because of any personal injury, including death, or property damage suffered by any person or persons as a result of or related in any way to the operation and maintenance of the outdoor dining establishment for which the permit is issued.
(C0179-19; amended as part of October 2021 update)
Penalties for violations of this division shall be in accordance with the provisions of Section 1-8.
(C0179-19; amended as part of October 2021 update)
(a) 
Violation of any of the standards set forth in this division, violation of any of the conditions of the permit or violation of any of the rules and regulations established by the Everett fire department, Everett police department, department of planning and development, department of inspectional services or the health department may be grounds for revocation of the permit to operate an outdoor dining area.
(b) 
Upon a determination that a violation exists, the city of Everett shall notify the permittee of the violation via first-class mail. Such notice shall include:
(1) 
The date and location of the violation or other cause giving rise to the violation; and
(2) 
A brief and concise statement of the facts causing the violation.
(c) 
In order to avoid a revocation of the outdoor dining permit, the permittee may correct the violation immediately and inform the director of planning and development of such correction.
(d) 
The decision for revocation shall be made at the discretion of the director of the department of planning and development.
(e) 
The permittee may appeal a revocation decision before the Everett redevelopment authority at a regular meeting to which the permittee has been given at least 10 calendar days’ notice.
(C0179-19; amended as part of October 2021 update)
The city of Everett may promulgate regulations to carry out the provisions of this division.
(C0179-19; amended as part of October 2021 update)
This division, as amended from time to time, shall be fully enforced by the city of Everett. All provisions are to be presumed to be lawful. If this division shall be declared unconstitutional or unlawful, only so much of the provision as is necessary to ensure compliance shall be stricken and the balance of the division shall remain intact and fully enforceable.
(Amended in its entirety 12-11-2023 by Ord. No. C0268-23. Prior history includes C0365-19; C0022-20; amended as part of October 2021 update.)
(Amended 5-12-2025 by Ord. No. C0055-25)
The purpose of this division is to provide a process through which certain dwelling units may be registered with the city for use as short-term rental units under the stipulations laid out within this division.
(Amended 5-12-2025 by Ord. No. C0055-25)
The following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
BOOKING AGENT
Any person or entity that facilitates reservations or collects payment for a short-term rental on behalf of or for an operator.
BUILDING COMMISSIONER
Building commissioner/director of the inspectional services department or a designee.
HOME SHARE UNIT
An entire residential unit offered as a short-term rental that is the operator's primary residence.
ISD
The city's inspectional services department.
LIMITED SHARE UNIT
A residential unit that is the operator's primary residence, a portion of which is offered as a short-term rental while the operator is present. Occupancy shall be limited to three (3) bedrooms including the bedroom of the operator in a limited share unit.
NON-OWNER-OCCUPIED UNIT
An entire residential unit where the operator or owner does not live in either the unit or the building and it is not the operator's primary residence.
OPERATOR
A natural person who is either the owner or the lawful tenant of the residential unit that they seek to offer as a short-term rental. Only one (1) owner or one (1) tenant may be registered as an operator for a residential unit, and it shall be unlawful for any other person, even if that person is an owner or a lawful tenant and meets the qualifications of primary resident, to offer a residential unit for short-term residential rental.
OWNER-ADJACENT UNIT
An entire residential unit offered as a short-term rental that is not the owner's primary residence but that is located within the same dwelling or is otherwise within the same property as the primary residence of, and is owned by, said owner.
PRIMARY RESIDENCE
The residential unit in which the operator resides for at least six (6) months out of a twelve-month period. Primary residence is demonstrated by showing that as of the date of registration of the residential unit, the operator has resided in the residential unit for six (6) of the past twelve (12) months, as demonstrated by at least two (2) of the following: utility bill, voter registration, motor vehicle registration, deed, lease, driver's license, other state-issued identification, or proof of residential exemption.
RESIDENTIAL UNIT
A residential unit is a dwelling unit as defined in the zoning ordinance but excludes the following: a congregate living complex; elderly housing; a group residence; a homeless shelter; temporary dwelling structure; 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 thirty-one (31) consecutive calendar days for a fee. A short-term rental may or may not be facilitated through a booking agent.
(Amended 5-12-2025 by Ord. No. C0055-25)
(a) 
No residential unit shall be offered as a short-term rental except in compliance with the provisions of this division and any regulations that may be promulgated by the building commissioner to carry out the provisions of this division.
(b) 
The following residential units are not eligible to be offered as short-term rentals:
(1) 
Residential units where the operator or owner does not live in either the unit, the building, or within the property and it is not the operator's primary residence, unless the property has employed a local and readily available professional property manager, or it qualifies under the exception for existing non-owner-occupied unit, provided in Section 12-1014 below.
(2) 
Residential units that are located within properties designated as a "problem property" pursuant to Chapter 13A of these Revised Ordinances.
(3) 
Residential units that are the subject of three (3) or more findings of violations of this section within a six-month period, or three (3) or more violations of any municipal ordinance or state law or code relating to excessive noise, improper disposal of trash, disorderly conduct, or other similar conduct within a six-month period. Units found ineligible pursuant to this subsection shall remain ineligible for a twelve-month period immediately following the third violation.
(4) 
Residential units located within a property subject to any outstanding building, sanitary, zoning, or fire code violations, orders of abatement, stop work orders, unpaid taxes, water/sewer or tax liens, or other existing judgments or penalties imposed by the city so long as the matter remains unresolved. If a violation or other order is issued after the residential unit has been registered, the residential unit's registration shall be suspended until the violation has been cured or otherwise resolved.
(5) 
No new construction for the sole purpose of short-term rentals shall be allowed, with a 20% maximum of condos or rental units allowed to be used as short-term rentals in large scale residential building which will be allowed on a first come first serve basis in each building.
(Amended 5-12-2025 by Ord. No. C0055-25)
(a) 
Currently licensed lodging houses. A residential unit offered as a short-term rental that is located in a dwelling holding a current and valid certificate of occupancy as a lodging house from ISD and a lodging house license from the city clerk as of the effective date of Section 12-1011 shall be subject to the registration requirements contained herein.
(b) 
Existing inn-holders. A residential unit offered as a short-term rental that holds a valid inn-holder license from the city clerk and holds a current and valid certificate of occupancy as an inn-holder pursuant to 780 CMR 111 from ISD as of the effective date of Section 12-1011 shall be subject to the registration requirements contained herein.
(Amended 5-12-2025 by Ord. No. C0055-25)
An operator may only offer a short-term rental subject to the following provisions:
(a) 
Registration requirements.
(1) 
An operator must follow the registration requirements and registration process pursuant to Section 12-1015.
(2) 
To cover the expenses associated with monitoring compliance with the requirements of this division, the building commissioner shall be authorized to set an annual registration fee per short-term rental unit, in addition to any fee that may be charged for certificate of fitness inspection(s), not to exceed the pro-rata cost to the city for monitoring and enforcement of this division.
(b) 
Short-term rental of a home share unit.
(1) 
An operator may use their entire home share unit as a short-term rental without a limitation as to the number of days per year.
(2) 
Individual rooms within home share units may not be offered as separate short-term rentals.
(c) 
Short-term rental of a limited share unit. An operator may use their limited share unit as a short-term rental without limitation as to the number of days per year.
(d) 
Short-term rental of a non-owner-occupied unit.
(1) 
An operator may use their non-owner-occupied unit as a short-term rental subject to discretion of the building commissioner upon application to the building commissioner identifying an acceptable local and readily available professional property manager.
(2) 
If the operator's residential unit is part of a condo association or building association, said operator needs written approval of their condo association or building association.
(3) 
Rentals of non-owner-occupied units must be for the entire unit; individual rooms within non-owner-occupied units may not be offered as separate short-term rentals.
(e) 
Permission of owner. An operator must certify at the time of registration that he or she has the following permissions to offer his or her residential unit as a short-term rental:
(1) 
The operator has the express permission of the owner of the residential unit offered as a short-term rental. This required permission can be evidenced through the owner's signature appearing on the application. The owner's signature is only required for the original application and is not necessary for a short-term rental license renewal; and
(2) 
That offering the residential unit as a short-term rental complies with applicable condominium documents, bylaws, rental agreements, or other governing documents.
(f) 
Local contact.
(1) 
When registering, an operator must provide their name and contact information, and, in the event the operator is not present during the short-term rental, the name and contact information of an individual who is able to respond in person to any issues or emergencies that arise during the short-term rental within two (2) hours of being notified.
(2) 
Contact information must include a telephone number that is active twenty-four (24) hours per day to tenants, short-term rental occupants, and public safety agencies. This phone number shall be included in the registration of the short-term rental unit at the time of registration.
(g) 
Posted safety measures. An operator shall conspicuously post for the tenants of their short-term rental a sheet detailing the various means of egress in case of an emergency, any fire extinguisher locations, location of fire exits and pull fire alarms if applicable, any parking requirements and/or limitations, and regulations pertaining to trash and recycling, such as pickup days and the locations of their bin(s).
(h) 
Compliance and interaction with other laws. Operators shall comply with all applicable federal, state, and local laws and codes, including but not limited to the Fair Housing Act, MGL c. 151B, and local equivalents and regulations related thereto, and all other regulations applicable to residential dwellings.
(i) 
Retention of records.
(1) 
The operator shall retain and make available to ISD and/or the health, police and fire departments, upon written request, records to, demonstrate compliance with this section, including, but not limited to, records demonstrating number of months that operator has resided or will reside in the residential unit and records showing that operator is the owner or valid leaseholder of the residential unit offered as a short-term rental.
(2) 
The operator shall retain such records for a period of three (3) years from the date the residential unit is last registered for a certificate of fitness inspection.
(j) 
Notifications.
(1) 
The operator shall include the registration number issued by the building commissioner on any listing offering the residential unit as a short-term rental.
(2) 
The booking agent shall permit an operator to include the registration number issued by the building commissioner on any listing offering the residential unit as a short-term rental.
(3) 
The operator, upon listing a short-term rental with a booking agent, or modifying an existing listing shall file with the city an exact duplicate of the listing, including property address.
a. 
Listings must specify the quantity of off-street parking, if any, and whether or not the address is located in a resident-parking zone, including the Lower Broadway resident-parking zone.
b. 
The city shall maintain a list of the address and unit type of all short-term rentals on file with the city that are currently being offered.
(4) 
In accordance with Section 12-1014(f), the operator must have local contact information on file with the city.
(5) 
Any listing made by the operator with any booking agent or on any website shall prominently display proof of current registration and receipt of a certificate of fitness within the prior twelve (12) months.
(6) 
Parking passes. No parking passes will be allowed for short-term renters. Parking must be supplied by the owner, and notification of this policy must be made in writing to each renter.
(Amended 5-12-2025 by Ord. No. C0055-25)
(a) 
Registration process.
(1) 
An operator who wishes to offer his or her residential unit as a short-term rental shall complete an application and submit it to the building commissioner, online or in a paper form, to be listed on the short-term rental registry.
(2) 
A registration shall be valid for a one-year term, from April 1 through March 31 of the following year or for such alternative twelve-month period as the building commissioner shall determine.
(3) 
An operator shall provide information to be listed on the registry, including operator name, address of residential unit, operator's relationship to the unit, and other information as required by the building commissioner.
(4) 
The operator shall also certify that he or she and the residential unit comply with the requirements of this division.
(5) 
An operator who successfully registers his or her residential unit as a short-term rental shall be issued a registration number.
(6) 
When required by the building commissioner, all registration information shall be furnished immediately.
(b) 
Liability insurance. An operator who wishes to offer his or her residential unit as a short-term rental must carry liability insurance in accordance with MGL c. 175 § 4F.
(c) 
Other registration requirements. All applications for short-term rental registrations, initial or renewal, shall be accompanied by the following additional materials:
(1) 
Certificate of good standing. A form or other method used to record the current local tax status of a property on which a short-term rental license is proposed to be/is currently being exercised.
(2) 
REAP attestation. A form from the Massachusetts Department of Revenue on which an applicant for a short-term rental license declares, when true, they have filed all state tax returns and paid all state taxes required by law.
(3) 
ISD approval. A form or other method used to record:
a. 
The zoning district of the property address on which a short-term rental license is proposed to be or is currently being exercised; and
b. 
The results of a current building inspection performed by a city inspectional services inspector of a proposed or existing short-term rental unit.
(4) 
Fire approval. A form or other method used to record the results of a current fire safety code inspection performed by the city's fire prevention bureau of a proposed or existing short-term rental unit.
(d) 
Fees and taxes.
(1) 
Initial registration fee.
a. 
There shall be a registration fee associated with the building commissioner's consideration of an application for the initial registration of an operator and their short-term rental unit(s).
b. 
The amount of such fee shall be determined by the building commissioner.
c. 
Such fee shall be paid by the applicant prior to their application being considered by the building commissioner.
d. 
Such fee shall not be refundable if the building commissioner denies said application.
(2) 
Annual registration fee.
a. 
There shall be an annual registration fee for listing a short-term rental unit on the city's short-term rental registry, due annually on April 1 each year.
b. 
The amount of such fee shall be determined by the building commissioner.
c. 
Such fee shall be paid by the operator before a current registration number for a short-term rental unit shall be issued.
(3) 
Inspection fee.
a. 
The building commissioner may assess an inspection fee to help cover the cost of the inspections required as a part of the annual registration process for short-term rentals.
b. 
The amount of such fee, if any, shall be determined by the building commissioner.
c. 
Any such fee shall be paid by the operator before a current registration number for a short-term rental unit shall be issued.
(4) 
Rental taxes and fees. The following taxes and fees shall be imposed on the total amount of the rent assessed for any room or rooms in a short-term rental unit located within the city:
a. 
A tax of 6%, pursuant to MGL c. 64G § 3A; and
b. 
A community impact fee of 3%, pursuant to MGL c. 64G § 3D.
(e) 
Re-registration upon unit sale/transfer.
(1) 
A registration shall be tied to both the residential unit and the operator and will not automatically transfer upon the sale of the unit.
(2) 
New operators are responsible for ensuring that they re-register with the building commissioner to obtain a new registration number if they wish to continue to list the residential unit on the short-term rental registry.
(f) 
Amending registration upon change in primary residence. If an operator offering a registered residential unit ceases to be a primary resident of the unit, the operator shall immediately notify the building commissioner to remove the unit from the short-term rental registry.
(g) 
Bulk registration by booking agent. Nothing herein shall prohibit a booking agent from entering into an agreement with the city to provide registration services for short-term rental operators.
(Amended 5-12-2025 by Ord. No. C0055-25)
(a) 
Any short-term rental units to which the commonwealth extends any excise or surcharge, and the city extends a local option of such, shall comply with the provisions of said statutes.
(b) 
However, where allowable operators may use a booking agent and the booking agent may enter into an agreement with the city for the collection and remittance of such tax.
(c) 
If the operator does not use a booking agent to do so, the operator is solely responsible for collecting and remitting the applicable tax.
(Amended 5-12-2025 by Ord. No. C0055-25)
(a) 
Complaint process. Complaints shall be made to the police, fire, health and/or inspectional services department and investigation shall commence within thirty (30) days.
(b) 
Violations.
(1) 
Violations may, at the enforcement official's discretion, result in a warning or an ordinance ticket and the maximum appropriate fine.
(2) 
Three or more such tickets within a six-month period will result in the unit no longer being eligible to that operator for use as a short-term rental for a period of six (6) months following the most recent violation.
(3) 
Violations may include any failure to abide by this division including, but not limited to:
a. 
Offering an ineligible unit;
b. 
Failure to furnish copy of booking agent listing or include required parking information in such listing;
c. 
Failure to furnish a community information card to guests or furnishing one without the required minimum information; or
d. 
Failure to remit any required excise tax or surcharge as required by law.
(4) 
Unpaid taxes or surcharges shall also be liened against the property.
(c) 
Right to hearing.
(1) 
All rights for hearings shall be in accordance with § 13A-49 of these Revised Ordinances.
(2) 
A person upon whom notice of violation has been served may request a hearing from the hearing officer by filing a written petition requesting a hearing on the matter with the hearing officer within twenty-one (21) days after the notice of violation was served.
(3) 
Upon receipt of a petition for hearing, the hearing officer shall notify the complainant of the place, date and time of the hearing.
(Amended 5-12-2025 by Ord. No. C0055-25)
(a) 
Offering a unit as a short-term rental without first obtaining a license.
(1) 
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, without first receiving a license from the building commissioner shall be fined up to $300 per violation per day, in accordance with Section 1-8 of these Revised Ordinances.
(2) 
Each day's failure to comply with a notice of violation or any other order shall constitute a separate violation.
(3) 
Building commissioner may also seek an injunction from a court of competent jurisdiction prohibiting the offering of the unit as a short-term rental.
(b) 
Failure to comply with notice of violation.
(1) 
Any person who fails to comply with any notice of violation or other order issued pursuant to this division by the building commissioner for a violation of any provision of this section shall be fined $100 per violation per day.
(2) 
Each day's failure to comply with a notice of violation or any other order shall constitute a separate violation.
(Amended 5-12-2025 by Ord. No. C0055-25)
(a) 
Enforcement by city.
(1) 
The provisions of this section may be enforced in accordance with the noncriminal disposition process of MGL c. 40, § 21D, and, if applicable, by seeking to restrain a violation by injunction.
(2) 
The provisions of this section may also be enforced according to MGL c. 40U as accepted by the city.
(b) 
Enforcement by booking agent. Upon demand by the city, the booking agent shall remove a listing from its platform for violation of this division.
(Amended 5-12-2025 by Ord. No. C0055-25)
The city may promulgate regulations, policies, restrictions, guidelines, etc., to carry out the provisions of this division.
(Amended 5-12-2025 by Ord. No. C0055-25)
This division, as amended from time to time, shall be fully enforced by the city. All provisions are to be presumed to be lawful. If this division shall be declared unconstitutional or unlawful, only so much of the provision as is necessary to ensure compliance shall be stricken and the balance of the division shall remain intact and fully enforceable.