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LOCAL LAWS\Set Public Hearing\Short Term Rentals—Add New Chapter 115—5-4-2020
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO._ OF 2020 TO AMEND QUEENSBURY TOWN CODE
BY ADDING A NEW CHAPTER 115 ENTITLED,
"SHORT TERM RENTALS"
RESOLUTION NO. ,2020
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to adopt regulations relative to short-
term rentals to help to ensure public health, safety and well-being within the Town, and
WHEREAS, the Town Board has prepared proposed Local Law No.: of 2020 which
provides such regulations, and
WHEREAS, New York Municipal Home Rule Law requires a Public Hearing to be held
prior to adoption of a Local Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall hold a Public Hearing at the
Queensbury Activities Center, 742 Bay Road, Queensbury, New York at 7:00 p.m. on Monday,
May 18th, 2020 to consider proposed Local Law No.: of 2020 and to hear all interested persons,
and at that time may take any other actions authorized by law concerning proposed Local Law No.:
of 2020, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to publish and
post legal notice of the Public Hearing on proposed Local Law No.: of 2020 in the manner
provided by law, and shall make a copy of the proposed Local Law available for public
inspection in the Town Clerk's office following the adoption of this Resolution and until the
Public Hearing is closed.
Duly adopted this 4th day of May, 2020, by the following vote:
AYES :
NOES :
ABSENT:
LOCAL LAWS&ORDINANCES\Short Term Rentals—NEW CHAPTER—May l8,2020
LOCAL LAW NO. OF 2020
A LOCAL LAW REGULATING SHORT-TERM RENTALS
IN THE TOWN OF QUEENSBURY
BE IT ENACTED BY THE QUEENSBURY TOWN BOARD AS FOLLOWS:
The Queensbury Town Code is hereby amended by adding the following new Chapter
115 entitled, "Short-Term Rentals."
ARTICLE 1. PURPOSE AND INTENT; AUTHORITY.
The Town Board has determined that short-term, transient rentals can be incompatible
with the sense of privacy, community and ambience currently enjoyed in residential
neighborhoods in the Town and have the potential to create a threat to the public health, safety
and well-being within the Town. The Board also recognizes that Short-Term Rentals can attract
visitors to the Town and can provide an additional source of income to Town residents.
Accordingly, the Board wishes to provide regulations to protect against adverse effects of this
use while allowing it under appropriate circumstances. This Local Law is adopted pursuant to
New York Municipal Home Rule Law.
ARTICLE 2. DEFINITIONS.
As used in this Chapter, the following words shall have the meanings indicated:
DWELLING UNIT —One or more rooms designed, occupied or intended for occupancy
as separate living quarters, with provision for living, cooking, sanitary and sleeping
facilities provided for the exclusive use of one family or household.
RENTAL —Granting use or possession of a Dwelling Unit in whole or part to a person or
group in exchange for some form of valuable consideration.
SHORT-TERM RENTAL — A Dwelling Unit, which may or may not be inhabited by
the owner of record or their immediate family, that is rented, in whole or in part, for a
period of less than thirty (30) consecutive days to any person or entity, but not including a
Hotel, Motel, Inn, Campground, Bed and Breakfast as defined in Town Code Chapter
179.
SHORT-TERM RENTAL OWNER — All entities having an ownership interest in a
Dwelling Unit which is used as a Short-Term Rental.
SHORT-TERM RENTAL PROPERTY—The entire area which is under the ownership
or control of the Short-Term Rental Owner including, as applicable, the parcel of land on
which a Short-Term Rental is located together with the dwelling in which it is located and
any other structures on the parcel.
ARTICLE 3. SHORT-TERM RENTAL STANDARDS.
Short-Term Rentals shall comply with the following standards and requirements:
A. There shall be one functioning smoke detector in each sleeping room, one
functioning smoke detector and a carbon monoxide detector in another centrally-
located room and one functioning and inspected fire extinguisher in the kitchen.
Detectors must be in compliance with NYS Property Maintenance Code.
B. All exterior doors shall be operational and passageways to such doors shall be
freely accessible and unobstructed.
C. Electrical systems shall be serviceable with no visible defects or unsafe
conditions.
D. All fireplaces, fireplace inserts or other fuel-burning heaters and furnaces shall be
vented and properly installed. If installed, all fireplace, fireplace inserts or other
types of fuel burning heaters (excluding furnaces) shall have proper written safe
operating instructions provided to any party renting the Short-Term Rental.
E. Each sleeping room shall have an exterior exit that opens directly to the outside or
an emergency escape or rescue window which meets the current State and Town
Building Codes requirements for an escape window.
F. The number of vehicles permitted overnight at the Short-Term Rental Property is
limited to 1.5 vehicles per bedroom (rounded to the next whole number). The
number of bedrooms set forth in the Town of Queensbury's assessment records
shall be used for purposes of this section. Overnight on-street parking is not
allowed. Available parking spaces (one space per car) shall limit parking to such
number of spaces. On-street day parking shall not impede local residents or
public free entrance and exit to the neighborhood.
G. Short-Term Rental Owners shall establish written rules and regulations for the
Short-Term Rental. The rules and regulations are expected to be activated when
rentals are active. The content and intent of these rules and regulations is to
assure public health, safety and general welfare by promoting a clean, wholesome
and attractive environment for the owner's property, adjacent property owners and
the neighborhood. This document shall also list the penalties for violation of such
rules or regulations. The rules will specifically address the penalties contained in
this local law — see Article 5. The renter must sign acknowledgment of these
rules and regulations. A copy of the signed acknowledgement statement shall be
maintained on the property and made immediately available upon request from
law enforcement officers or Town Buildings and Codes personnel. The rules and
regulations shall be enforced by the Short-Term Rental Owner. As a minimum,
the rules and regulations shall address prohibition of the following behaviors:
fighting, violence, tumultuous or threatening behavior, unreasonable noise,
abusive or obscene language or gestures in public. Quiet hours for the purpose of
this Law shall mean between the hours of 10:00 PM and 8:00 AM and shall be
maintained by all rental occupants and visitors at the rental property.
H. Provisions shall be made by the Short-Term Rental Owner prior to actual rental
for weekly garbage removal during rental periods. Garbage containers shall be
secured with tight fitting covers at all times to prevent leakage, spillage and odors,
and be placed where they are not clearly visible from the street or road except as
required for pick-up times.
I. A house number visible from the street or road shall be maintained.
J. Short-Term Rentals shall comply with all Local, State and Federal Laws and
Regulations.
K. The maximum occupancy for each Short-Term Rental shall be two (2) people per
bedroom plus two (2). For example, a Short-Term Rental with three (3) bedrooms
is allowed eight (8) occupants. The number of bedrooms is determined by the
RPS database maintained by the Town Assessor's Office.
ARTICLE 4. CONTACT PERSON.
The Short-Term Rental Owner must provide all owners of property adjacent to the Short-
Term Rental with the name, address and telephone number of a contact person or entity. Such
contact person or entity must be able to address any complaint received regarding the Short-Term
Rental site within one (1) hour of receiving the complaint. The contact person or entity must
document all complaints and responses and submit them to the Town within 24 hours. A copy of
the contact person or entity name, address and phone number shall be maintained on the property
and made immediately available upon request from law enforcement officers or Town Buildings
and Codes personnel.
ARTICLE 5. ENFORCEMENT AND PENALTIES.
Any individual, partnership, corporation or other firm owning, operating, occupying or
maintaining Short-Term Rental Property or a Short-Term Rental shall comply with all the
provisions of this Chapter and all orders, notices, rules, regulations or determinations issued in
connection therewith.
A. The Director of Building & Codes Enforcement or designee shall be granted
access upon reasonable request to the Short-Term Rental Property for the purpose
,
of inspection and/or enforcement of compliance with Short-Term Rental
regulations and/or Town and State Building Codes.
B. Whenever it is found that there has been a violation of this Chapter or any rule or
regulation adopted pursuant to this Chapter, a violation notice and/or appearance
ticket or summons and complaint may be issued to the person, individual,
partnership or corporation owning, operating or maintaining the Short-Term
Rental or Short-Term Rental Property in which such violation has been noted.
C. The Director of Building & Codes Enforcement or designee shall have the
authority, pursuant to the Criminal Procedure Law, to issue an appearance ticket
or summons and complaint, subscribed by him or her, directing a designated
person to appear in court at a designated time in connection with the commission
of a violation of this Chapter.
D. Penalties. Any person who shall violate any provision of this Chapter, any order
made hereunder, or any rules or regulations adopted pursuant to this Chapter in
addition to other penalties provided for in this Chapter shall be guilty of an
offense punishable in the following manner: A fine of not more than $950 for
each offense.
E. A civil action or proceeding in the name of the Town of Queensbury, New York,
may be commenced in any court of competent jurisdiction to compel compliance
with or restrain by injunction the violation of any provision of this Chapter or any
rule or regulation adopted pursuant to hereto. Such remedy shall be in addition to
penalties otherwise prescribed by law and may be commenced with the consent of
a majority of the Town Board.
F. No remedy or penalty specified in this section shall be the exclusive remedy or
penalty available to address any violation described in this section, and each
remedy or penalty specified in this Chapter shall be in addition to, and not in
substitution for or limitation of, the other remedies or penalties specified in this
Chapter, or in any other applicable law. Any remedy or penalty specified in this
Chapter may be pursued at any time, whether prior to, simultaneously with, or
after the pursuit of any other remedy or penalty specified in this Chapter. The
Town may initiate enforcement proceedings under this Chapter at any time
following receipt of a complaint or if the Director of Building and Codes
determines that a violation has occurred.
ARTICLE 6. SEVERABILITY.
The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not
invalidate any other clause, sentence, paragraph or part thereof.
ARTICLE 7. EFFECTIVE DATE.
This Local Law shall take effect upon filing by the office of the New York State Secretary
of State or as otherwise provided by law.
- , N
New Chapter—Short Term Rentals—5-18-2020
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN IN ACCORDANCE WITH A RESOLUTION DULY
ADOPTED BY THE QUEENSBURY TOWN BOARD ON MONDAY, MAY 4TH, 2020 THAT
A PUBLIC HEARING WILL BE HELD ON MONDAY, MAY 18TH, 2020 AT 7:00 P.M. IN THE
QUEENSBURY ACTIVITIES CENTER, 742 BAY ROAD, QUEENSBURY AT WHICH
HEARING ALL INTERESTED PARTIES SHALL HAVE AN OPPORTUNITY TO BE HEARD
CONCERNING ADOPTION OF PROPOSED LOCAL LAW NO.: OF 2020 TO AMEND
THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 115 ENTITLED,
"SHORT TERM RENTALS." SUCH PROPOSED LOCAL LAW WOULD SET FORTH
REGULATIONS RELATIVE TO SHORT-TERM RENTALS TO HELP ENSURE PUBLIC
HEALTH, SAFETY AND WELL-BEING WITHIN THE TOWN. THIS LEGISLATION IS
AUTHORIZED BY NEW YORK STATE MUNICIPAL HOME RULE LAW.
TO OBTAIN FURTHER INFORMATION OR COPIES OF THE PROPOSED LOCAL
LAW, PLEASE CONTACT THE QUEENSBURY TOWN CLERK'S OFFICE, 742 BAY ROAD,
QUEENSBURY,NY AT(518) 761-8234 OR VISIT ON-LINE AT WWW.QUEENSBURY.NET
BY ORDER OF THE QUEENSBURY TOWN BOARD.
PUBLICATION DATE: MAY ,2020
CAROLINE H. BARBER
TOWN CLERK
TOWN OF QUEENSBURY