[HISTORY: Adopted by the Town Council of the Town of Portsmouth 4-9-2018 by Ord. No. 2018-04-09.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance stated that it shall take effect
upon passage, provided, however, that enforcement of violations shall
be stayed until 12-31-2018.
A.Â
The Constitution of the State of Rhode Island, Article XIII, Section
2, grants to the Town of Portsmouth the power to enact and amend local
laws relating to its property, affairs and government as long as such
local laws are consistent with the Constitution and laws enacted by
the General Assembly. This delegation of power includes the police
power to enact reasonable legislation to regulate and supervise rental
dwellings in order to protect the public health, safety and welfare.
B.Â
Residential rentals in Portsmouth, including short-term rentals in
residential neighborhoods, have been the source of noise, congestion,
pollution, and disorderly behavior involving tenants and other persons
on and near the premises, as well as violations of Town ordinances,
including the Zoning and Noise Ordinances[1] and violations of various Rhode Island statutes.
C.Â
These conditions have disturbed the peace of the neighborhoods in
which they have occurred; they have violated the repose, comfort and
quiet enjoyment of persons in their homes; they have produced unreasonable
disturbances of the peace, and they are inconsistent with the public
health and safety and general welfare of the people.
D.Â
The Town of Portsmouth finds that, by application of the regulatory
framework contained herein, the short-term rental of dwelling units
can have a positive effect on the health, safety and welfare of the
community by providing a flexible housing stock that allows travelers
safe accommodations while contributing to the local economy and providing
homeowners an opportunity to hold property in difficult economic circumstances
or as an investment.
The provisions of this chapter shall apply to all rental dwelling
units within the Town of Portsmouth except hotels, motels, community
residences, and the rental of rooms in an owner-occupied dwelling
unit.
For the purpose of this chapter, the following definitions shall
apply:
Any room in a residential structure which is greater than
70 square feet in area, which is susceptible to present or future
use as a private sleeping area, which has at least one window and
one interior method of entry and egress but excluding closets and
bathrooms.
A structure or portion thereof providing complete, independent
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking, and sanitation, and containing
a separate means of ingress and egress.
A person designated on a registration form filed under this
chapter as the person authorized to receive any process, notice or
demand required or permitted to be served upon the owner of the premises.
A local representative may, but need not, also serve as property manager.
The Portsmouth Town Clerk.
The rental, lease or other contractual arrangement for the
occupation of a dwelling unit by a tenant for residential and/or dwelling
purposes, for any period of less than 31 consecutive days.
A.Â
All dwelling units which are let, leased, or otherwise occupied,
in whole or in part, by a tenant for any period of less than 31 consecutive
days for residential and/or dwelling purposes, shall be registered
by the record property owner thereof with the Registrar before any
tenant occupies the premises.
B.Â
At the time of registration, the dwelling unit shall be subject to inspection by the Building Official or his/her designee and the Fire Marshal. The purpose of the inspection is to determine the occupancy limit of the unit pursuant to § 314-8 of this chapter, to determine if smoke and CO2 detectors are installed in compliance with the State Fire Code for dwelling units and to determine the number of off-street and on-street parking spaces available. The Building Official or his/her designee shall issue a short-term rental permit stating the maximum occupancy for the dwelling unit.
The rental registration form shall indicate the Tax Assessor's
plat and lot number, address of the rental dwelling unit, the number
of rental dwelling units therein, the name, permanent mailing address
and telephone number of the record owner and of his or her registered
agent, broker, agent, manager or other representative, and the usual
period of occupancy by tenants (monthly, weekly or other). Copies
of the registration form, with contact information for the local representative,
will be held on file by the Portsmouth Police and Fire Departments.
On or before December 31 of each year, the record owner of the
rental dwelling unit shall file the completed rental registration
form with the Registrar, which registration shall be valid for a one-year
period from January 1 to December 31 of the following year. If the
property is registered during the calendar year, the registration
shall be valid until December 31 of that same year.
There shall be a registration fee of $100 for each dwelling
unit covered under the provisions of this chapter.
A.Â
The maximum occupancy for the dwelling unit shall be two persons per bedroom. The number of bedrooms shall not exceed the number of bedrooms supported by the design load of the property's septic system (on-site wastewater treatment system, or "OWTS"). The owner shall provide records and/or information that the Building Official or his/her designee deems reasonably sufficient to determine the number of bedrooms for which the OWTS is rated. The maximum occupancy may be further limited by the requirements of Subsection B below. For the purpose of establishing occupancy, a person is defined as an individual at least 12 years of age.
B.Â
One off-street parking space shall be provided on the same lot on
which the short-term rental is located for each bedroom as determined
by the Building Official. Each required parking space shall be not
less than 10 feet in width and 20 feet in length exclusive of drives
and maneuvering space. Where the required number of off-street parking
spaces cannot be provided on said lot, then legal on-street parking
spaces along the frontage of said lot (one space per 20 feet of frontage)
may be utilized to meet the parking requirement. Where the total number
of parking spaces required by this section cannot be met, the permitted
occupancy of the dwelling shall be reduced to conform to the available
amount of off-street and on-street parking spaces.
A.Â
All short-term rental agreements shall have as an attachment a copy
of the applicable short-term rental registration and permit for the
premises. The rental agreement shall state that the renter may be
held legally responsible for any violations of law committed by the
renter or by other occupants or guests while at the premises, including
violations of the laws and ordinances pertaining to noise, disorderly
conduct, disturbance of the peace, keeping dogs on a leash, parking,
trash maintenance and disposal, and dwelling occupancy limits.
B.Â
The owner and/or local representative shall obtain accurate and up-to-date
information, including the names, home addresses and phone numbers
of the renters, the date of the rental period and the model, year,
color and vehicle registration of all motor vehicles registered to
or used by such renters. The owner and/or local representative shall
maintain this information throughout the term of the short-term rental
agreement and for 90 days thereafter; and shall make this information
available to Town officials who are lawfully investigating or prosecuting
any offense reasonably believed to involve one or more of the renters.
Failure of the record owner and/or local representative to maintain
or provide this required information shall constitute a violation
of this chapter.
The record owner shall post in plain view, in a conspicuous
place within the rental dwelling unit, a notice containing the ordinances
of the Town with regard to the Noise Ordinance,[1] dog leash law, dwelling occupancy limits, and any other
pertinent ordinance or law which the Town Council may deem appropriate
from time to time. Such notices shall be available at the office of
the Registrar. The record owner or any person in control or possession
of said rental dwelling unit subject to the provisions of this chapter
shall cause a copy of the current short-term rental agreement with
the printed names of all renters, and the registration form and permit
required by this chapter to be posted or affixed to the inside of
the primary access door to said dwelling unit so as to allow the lease
and registration form to be readily available for inspection by police,
zoning, building, or minimum housing officials of the Town of Portsmouth.
A.Â
The record owner shall designate on the registration form an individual
who permanently resides in Newport County, or a property manager with
a physically staffed office within 10 vehicular miles of Newport County,
as the record owner's local representative, who shall be authorized
to receive any process, notice or demand required or permitted to
be served upon the owner of the premises. The record owner may be
designated as the local representative, if he or she resides in Newport
County.
B.Â
The local representatives must be authorized by the record owner
to respond to tenant and neighborhood questions or concerns. The local
representative shall serve as the initial contact person if there
are questions or complaints regarding the use of the dwelling for
short-term rentals. The local representative shall respond to those
complaints to ensure that the use of the dwelling complies with the
requirements of this chapter, as well as all other applicable Town
ordinances pertaining to parking, noise, disturbances, or nuisances,
as well as state law pertaining to the consumption of alcohol and/or
the use of illegal drugs.
C.Â
The failure of the local representative to respond to Portsmouth
Police Department inquiries more than twice during the term of the
annual permit shall be considered a violation of this chapter.
D.Â
The record owner may change the designation of the local representative
from time to time by filing an amended permit application including
the name, address and telephone number of the new local representative.
Failure to notify the Town of any change in the local representative
shall constitute a violation of this chapter.
A.Â
Violations of this chapter shall be enforceable through issuance
of a summons by any zoning enforcement official of the Town. Violations
and citations shall be heard and adjudicated by the Portsmouth Municipal
Court.
B.Â
Any violation of the provisions of this chapter shall be subject
to a fine of not more than $100 per day for a first violation, $250
per day for a second violation, and $500 per day for a third and each
subsequent violation, and such fines may be imposed for each day the
violation continues.
C.Â
The Zoning Enforcement Official may revoke a short-term rental permit
issued under this chapter if it is determined, by a violator's
admission or a municipal court finding of a violation, that three
or more violations of this chapter have occurred for the same property
within a twelve-month period, and no new permit shall be issued to
the property owner for the same property for a period of 12 months
following the revocation. Any revocation of a short-term rental permit
may be appealed to the Zoning Board of Review as an administrative
appeal pursuant to the provisions of Article XIV of the Portsmouth
Zoning Ordinance.
This chapter shall take effect upon passage, provided, however,
that enforcement of violations shall be stayed until December 31,
2018.