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.
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
179-2-010C.
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.
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 one 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 §
115-6. 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 tightfitting 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.
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.
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.
The invalidity of any clause, sentence, paragraph or provision
of this chapter shall not invalidate any other clause, sentence, paragraph
or part thereof.