[Added 4-8-2025 by Ord. No. 2025-07]
To maintain the long-term residential use and quiet enjoyment of neighborhoods in Fall River, while providing limited opportunities for rental income under carefully controlled conditions.
When used in this Short-Term Rentals Article, the following terms and phrases shall have the following meanings:
Includes the telephone number, mailing address, and e-mail address.
A building designed for or occupied as a residence.
The individual who must respond in person, within two hours of a telephone call to the Local Contact's provided telephone number, to any issue or emergency that arises during the short-term rental period.
The person(s) offering a dwelling unit or bedroom for short-term rental. The operator must be a legal owner of the dwelling unit and, if a condominium, must also have the written permission of the condominium association to use the condominium as a short-term rental.
A bedroom or sleeping area located within a dwelling.
The rental of one or more bedrooms, along with any associated living area, within a dwelling for a duration of not more than 30 consecutive days.
A.
Register with the City of Fall River and Massachusetts DOR. No residential unit located in the City of Fall River shall be offered as a short-term rental unless in full compliance with all provisions of this article and registered with the Massachusetts Department of Revenue on Mass TaxConnect.
B.
Operator's primary residence. The operator must reside in the dwelling being offered as a short-term rental for a minimum of nine months of each calendar year.
C.
One party of renters. A short-term rental shall only be rented to one party of renters at a time, and shall not be rented as separate bedrooms, beds, or spaces to separate parties.
D.
Number of guests. A short-term rental shall be limited to a maximum of eight guests, or two guests per bedroom, whichever number is fewer.
E.
Annual certification. The operator must file with Inspectional Services a sworn certification attesting to continued compliance with the requirements of this article and all applicable public safety codes. Such certification shall be filed annually.
F.
Annual notice to abutters. The operator must, within 30 days after registration of a short-term rental, provide notice of such registration to all abutters and owners of land directly opposite any public or private street or way. Such notification shall include the contact information of the operator and the local contact, and the registration number provided by Inspectional Services. This notice must thereafter be provided annually to all abutters and owners of land directly opposite any public or private street or way. Failure to provide such notice shall constitute a violation of this ordinance.
G.
Posting of house rules. The operator must post and maintain, in a conspicuous location inside the short-term rental, a sign, brochure, or similar document that contains the following information for the renter:
(1)
Contact information for the operator and the local contact.
(2)
Instructions for disposal of waste per the city's recycling and trash programs.
(3)
Information regarding the city's local parking regulations, including street sweeping schedules and snow emergency regulations, if any.
(4)
The following statement: "All noises that interrupt or disturb the sleep of City residents between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and between 10:00 p.m. and 8:00 a.m. on Sundays are prohibited by city ordinance, § 46-7."
H.
No signage. No signage associated with the short-term rental is permitted on the premises.
I.
No outstanding violations, fines, or taxes. A residential unit offered as a short-term rental shall not have an outstanding building, sanitary, zoning, or fire code violation, an unpaid tax, fine or lien, or an unresolved judgment, penalty, or order to take corrective action. If a violation, fine, tax, or order to take corrective action is outstanding, the short-term rental use shall be terminated until the issue is resolved.
J.
Three or more violations within a twelve-month period. If a property receives three or more violation notices of any kind within a six-month period, the dwelling shall be ineligible to be used as a short-term rental for a period of six months from the third or subsequent violation.
In addition to the mandatory registration with the Massachusetts Department of Revenue on Mass Tax Connect, operators must also annually register the short-term rental with the City of Fall River's Inspectional Services prior to the occupancy of any short-term rental located in the City of Fall River by submitting each of the following:
A.
State Certificate. A copy of the Certificate of Registration issued by the Commonwealth of Massachusetts Department of Revenue.
B.
Proof of ownership. Proof of operator's ownership of the dwelling being offered as a short-term rental, which can be demonstrated by providing Inspectional Services with a copy of the deed.
C.
Proof of primary residence. Proof that the operator resides in the residential unit being offered as a short-term rental for a minimum of nine months of each calendar year, which can be demonstrated by providing Inspectional Services with at a copy of the operator's driver's license (or state issued identification) and a utility bill or voter registration.
D.
Compliance with smoke and carbon monoxide requirements. A copy of the Certificate of Compliance from the Fall River Fire Department, indicating that the property meets all smoke detector and carbon monoxide requirements, to include the requirements set forth in Massachusetts General Laws, Chapter 148, § 26E.
E.
Annual filing fee. The operator of any short-term rental must pay the annual registration filing fee (as set forth in Chapter A110, Fee Schedule, of the City Code) to Inspectional Services.
F.
Affidavit of Operator. A signed Affidavit of Operator, in a form established by Inspectional Services, that contains the following information:
(1)
Name and contact information for operator and local contact;
(2)
Description of the short-term rental, to include the number of bedrooms/units available for rent;
(3)
Operator's sworn statement that he/she owns the residential unit being offered as a short-term rental and resides in the unit for a minimum of nine months of each calendar year.
(4)
Operator's sworn statement certifying that the short-term rental is fully compliant with all provisions of this short-term rentals article and with all federal, state, and local laws and codes.
The following residential dwellings or units are NOT eligible to be offered or rented as a short-term rental:
B.
A residential unit that is not the operator's primary residence or is not located in a dwelling that includes the operator's primary residence.
C.
Any income restricted residential unit, including, but not limited to, a residential unit subject to an affordability covenant or subject to housing or rental assistance under federal, state or local laws.
D.
Any residential unit that cannot be leased, subleased, or used as a short-term rental due to federal, state, or local law.
E.
Any residential unit that is barred from short-term rental by local rule or regulations, such as a condominium or HOA rules and regulations.
F.
Any residential unit that receives three or more violation notices of any kind within a six-month period is ineligible to be used as a short-term rental for a period of six months from the third or subsequent violation.
G.
Any residential unit that has an outstanding building, sanitary, zoning, or fire code violation, an unpaid tax, fine or lien, or an unresolved judgment, penalty, or order to take corrective action is ineligible to be used as a short-term rental until the issue(s) is resolved.
Inspectional Services, Health and Human Services, and/or the Fire Department may conduct inspections of the short-term rental as may be required to ensure safety and compliance with all applicable laws, ordinances and local, state, and federal codes.
Inspectional Services, Health and Human Services, and/or the Fire Department may enforce compliance with this article and with all applicable fire and safety codes.
A.
Each violation of any provision of this short-term rentals article shall be considered a separate offense.
B.
Each day a violation continues shall constitute a separate offense.
C.
Failure of an operator to pay any fine arising from enforcement of this article shall constitute a debt in favor of the City of Fall River and the City is authorized to place a lien on the property if the debt is not paid within 60 days.
D.
Nothing in this section is intended to preclude the City from instituting a civil or criminal judicial action, including a demand for injunctive relief, to enforce the provisions of this nuisance article.