VILLAGE of PORT WASHINGTON NORTH, Local Law 1 2018, filed with Dept. of State on 2/20/18
LOCAL LAW 1-2018
ARTICLE XXII
REGULATION OF SHORT TERM RENTALS INCLUDING BED AND BREAKFAST ESTABLISHMENTS
Section 176-13-Prohibiting Short Term rentals including Bed and Breakfast Establishment
It is the intention of the Board of Trustees of the Village of Port Washington North to enact a local law to protect the public health,
safety and welfare by prohibiting the establishment and operation of bed-and-breakfast establishments/transient rentals in the Village of Port Washington North. The Village Board finds that residential homes being rented for short periods of time detrimentally affects the quality of life in the neighborhoods in which they occur.
Section 176-14 Definitions
As used in this chapter, the following shall have the meanings indicated:
OWNER-an individual or group of individuals who are in possession of and have a fee interest in real property. The term ‘owner’ shall not include a business entity or association, a trustee, receiver or guardian of an estate, or a mortgagee or lien holder.
OWNER OCCUPIED- a one or two family house used by the owner as his or he or. their primary principal residence (domicile).
DWELLING UNIT- A structure or building providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
TRANSIENT RENTAL PROPERTY-A rental dwelling or dwelling unit occupied by persons other than the owner or a family member of the owner and for which rent is received by the owner, directly or indirectly, in exchange for such rental occupation for a period less than 180 days.
BED AND BREAKFAST ESTABLISHMENT-A house or residence that is owner occupied in which someone can rent to sleep and the price includes breakfast for the next morning.
RENT-A return in money, property or other valuable consideration (including payment in kind or services or other thing of value) for use and occupancy or the right to use and occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof.
Section 176-15 Transient Rental Property
A.It shall be unlawful and a violation of this chapter for any person or entity who owns a dwelling unit in the Village of Port Washington North to establish, maintain, use, let lease, rent or suffer or permit the occupancy and use thereof of a transient rental property and/or a Bed and Breakfast establishment in the Village of Port Washington North.
B.Presumption of a dwelling unit as transient rental property/Bed and Breakfast Establishment.
(1 )The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property:
(a )The dwelling unit or any room therein is offered for lease or otherwise on a short term rental basis website, including but not limited to Airbnb, Home Away, VRBO and the like for a period of less than 180 days; or
(b) The dwelling is offered for lease in any medium for a period of less
than 180 days.
(2) The forgoing presumption may be rebutted by evidence presented to the Port Washington North Code Enforcement Officials that the dwelling unit is not a transient rental property and/or a Bed and Breakfast Establishment.
176-16 Violations and penalties for offenses
A.Each and every violation of, or failure to comply with any provision of this chapter shall constitute a violation, punishable as follows: for a conviction of a first offense, by a fine not to exceed $500.00; for a conviction of a second offense, both of which were committed within a period of four years, by a fine not less than $500.00, nor more than $1000.00; for a conviction of a third or subsequent offense, all of which were committed within a period of two years, by a fine not less than $1000.00, nor more than $1500;00; and for a fourth offense, all of which were committed within a period of four years, by a fine not less than
$1500.00, nor more than $2500.00 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment.
176-17 Severability
If any clause, sentence, paragraph, subdivision, section or part of this chapter or the application thereof to any person, individual, corporation, firm, partnership or business shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, then such order or judgment shall not effect impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this chapter, or its specific application.
Section 176-18 Effective Date
This local law shall take effect immediately after filing with the Secretary of State.
PW #150135
1X 2/1/2019 #150135
