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.
As used in this chapter, the following shall have the meanings
indicated:
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.
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.
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 her
or their primary principal residence (domicile).
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.
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.
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 affect, 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.
This article shall take effect immediately after filing with
the Secretary of State.