LL 08.2022 Short Term Rental - Chapter 115 Revised - 6-8 and 6-27-2022 •
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Local Law Filing Albany, NY 12231-0001
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(Use this form to file a local law with the Secretary of State.)
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italics or underlining to indicate new matter.
❑County City ❑x Town ❑Village
(Select one)
of QUEENSBURY
Local Law No. 8 of the year 20 22
A local law A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 115
(Insert Title)
ENTITLED"SHORT TERM RENTALS"
Be it enacted by the TOWN BOARD of the
(Name of Legislative Body)
County ❑City ❑x Town Village
(Select one:)
of QUEENSBURY as follows:
Section 1. Intent;Authority —This Local Law is adopted pursuant to New York Municipal Home Rule Law.
Section 3. Amendment — Chapter 115 of the Queensbury Town Code, entitled " Short-Term Rentals " is hereby
amended to read as follows:
Chapter 115. Short-Term Rentals
§ 115-1. 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 Chapter is adopted pursuant to New York Municipal Home Rule
Law.
§ 115-2. Definitions.
As used in this Chapter, the following words shall have the meanings indicated:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
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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 30 consecutive
days to any person or entity, but not including a hotel, motel, inn, campground or bed-and-
breakfast as defined in Town Code Chapter 179-2-010 (C).
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.
§ 115-3. 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 New York State 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 fireplaces, 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 vehicle per bedroom. 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 Chapter; see § 115-5. 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
34 q
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 Chapter shall mean between the hours of 10:00
p.m. and 8:00 a.m. 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 pickup 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 people per bedroom plus
two. For example,a short-term rental with three bedrooms is allowed eight occupants. The
number of bedrooms is determined by the RPS database maintained by the Town Assessor's
office.
§115-4. Short-Term Rental Limitations
A. From May 15th through September 15th of each year, a Short-Term Rental shall not be rented
for a period of less than five consecutive days to any person or entity. This limitation shall not
apply where the short-term rental property or an immediately adjacent property is the principal
residence of the short-term rental owner.
B. A short-term rental property shall not be rented for short-term rental purposes for more than
120 days in total per calendar year. This limitation shall not apply where the short-term rental
property or an immediately adjacent property is the principal residence of the short-term rental
owner.
C. The Limitations set forth in this Section 115-4 shall be effective beginning on January 1,
,
2023.
§ 115-5. Contact person.
The short-term rental owner must provide all owners of property within 100 feet of property
lines of 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 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.
§ 115-6. 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 and 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, occupying or maintaining the short-term rental or short-term rental property in
which such violation has been noted.
C. The Director of Building and Codes Enforcement or designee shall have the authority,
pursuant to the Criminal Procedure Law, to issue an appearance ticket or summons and
5eA9
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 and/or the owner of any property at which a such
violation occurs shall be guilty of an offense punishable in the following manner: a fine of
not more than $950 for each offense. 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 and/or the owner of any
property at which a such violation occurs shall be liable for civil penalties of not more than
$950 for each violation.
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 hereto and to seek monetary penalties. 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.
§ 115-7. Severability.
Y° eo /
The invalidity of any clause, sentence, paragraph or provision of this Chapter shall not
invalidate any other clause, sentence, paragraph or part thereof.
Section 4. Repealer — All Local Laws or Ordinances or parts of Local Laws or
Ordinances in conflict with any part of this Local Law are hereby repealed.
Section 5. Effective Date — This Local Law shall take effect upon filing in the
office of the New York State Secretary of State or as otherwise provided by law.
rag
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 8 of 2022 of
the( d )(4i (Town)(4t of QUEENSBURY was duly passed by the
TOWN BOARD _ on JUNE 27 20 22 , in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20 , in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 , and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20 .
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(permissive)referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the(general)(special)(annual)election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the (County)(City)(Town)(Village)of was duly passed by the
on 20 , and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there
be none,the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
n_ 0
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general)election held on___ 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide priate certification.)
I further certify that I have compared the preceding local law with the original on file i this offic and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally a in the manner indicated in
paragraph ,1 above.
C o the county legis atiive bod ,City,Town or Village Clerk or
officer designated by local legislative body
(Seal) Date:
nnC n7vn f 1 /Do.. nAHn%
LOCAL LAW NO.: 8 OF 2022
A LOCAL LAW AMENDING CHAPTER 115 OF
THE QUEENSBURY TOWN CODE
RELATING TO SHORT-TERM RENTALS
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURYAS
FOLLOWS.
Section 1. Intent; Authority—This Local Law is adopted pursuant to New York
Municipal Home Rule Law.
Section 3. Amendment — Chapter 115 of the Queensbury Town Code, entitled "Short-
Term Rentals" is hereby amended to read as follows:
Chapter 115. Short-Term Rentals
§ 115-1. 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 Chapter is adopted pursuant to New York
Municipal Home Rule Law.
§ 115-2. 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 30
consecutive days to any person or entity, but not including a hotel, motel, inn,
campground or bed-and-breakfast as defined in Town Code Chapter 179-2-010 (C).
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.
§ 115-3. 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 New York State 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 fireplaces, 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 vehicle per bedroom. 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 Chapter; see § 115-5. 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 Chapter shall mean
between the hours of 10:00 p.m. and 8:00 a.m. 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 pickup times.
L 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 people per bedroom plus
two. For example, a short-term rental with three bedrooms is allowed eight occupants.
The number of bedrooms is determined by the RPS database maintained by the Town
Assessor's office.
§115-4. Short-Term Rental Limitations
A. From May 15'h through September 15'h of each year, a Short-Term Rental shall not be rented
for a period of less than five consecutive days to any person or entity. This limitation shall not
apply where the short-term rental property or an immediately adjacent property is the principal
residence of the short-term rental owner.
B. A short-term rental property shall not be rented for short-term rental purposes for more than
120 days in total per calendar year. This limitation shall not apply where the short-term rental
property or an immediately adjacent property is the principal residence of the short-term rental
owner.
C. The Limitations set forth in this Section 115-4 shall be effective beginning on January 1,
2023.
§ 115-5. Contact person.
The short-term rental owner must provide all owners of property within 100 feet of property
lines of 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 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.
§ 115-6. 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 and 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, occupying or maintaining the short-term rental or short-
term rental property in which such violation has been noted.
C. The Director of Building and 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 and/or the owner of any property at which a such
violation occurs shall be guilty of an offense punishable in the following manner: a fine of
not more than $950 for each offense. 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 and/or the owner of any
property at which a such violation occurs shall be liable for civil penalties of not more
than $950 for each violation.
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 hereto and to seek monetary penalties. 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.
§ 115-7. Severability.
The invalidity of any clause, sentence, paragraph or provision of this Chapter shall not
invalidate any other clause, sentence, paragraph or part thereof.
Section 4. Repealer — All Local Laws or Ordinances or parts of Local Laws or
Ordinances in conflict with any part of this Local Law are hereby repealed.
Section 5. Effective Date — This Local Law shall take effect upon filing in the
office of the New York State Secretary of State or as otherwise provided by law.