A. 
All complaints regarding violations of this section are to be made or directed to the Code Enforcement Department of the Town of Shelter Island for which a form shall be maintained on the Town website; and
B. 
Complaints made to other departments of the Town shall be referred to the Code Enforcement Department for investigation.
C. 
The Code Enforcement Department of the Town of Shelter Island shall maintain a record of all complaints.
A. 
Proof of rental. The presence or existence of any of the following shall constitute prime facie evidence that a dwelling unit is being used as a rental property.
(1) 
The investigation determines that the property is occupied by someone other than the owner or his/her immediate family; or
(2) 
Persons residing in the dwelling unit represent that they pay rent to occupy the premises; or
(3) 
The dwelling unit has been advertised as being available for rent or lease.
B. 
This presumption may be rebutted by documentary evidence or a signed statement on the record from the occupant or owner indicating that the occupant paid no rent for the use of the premises and that evidence is presented to:
(1) 
The enforcement authority during investigation; or
(2) 
To any court of competent jurisdiction.
A. 
Offenses deemed misdemeanors. For the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed unclassified misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply.
B. 
Continuing violations. Each day or portion of a day that a violation exists shall constitute a separate and distinct offense.
C. 
General penalties for violations. A violation of any provision of this chapter is hereby declared to be an offense pursuant to New York Penal Law § 80.10(2)(a) for corporations and New York Penal Law § 80.05(3) for individuals and all other entities, the penalties for which are to be fixed by the court as follows:
(1) 
For a first violation, the Court may fix a maximum fine of no more than $250 except that the fine may be waived by the Town of Shelter Island upon proof that the owner has complied with the statute.
(2) 
For a second violation, the Court may fix a maximum fine of $2,000 and/or imprisonment not to exceed a period of 15 days.
(3) 
For any subsequent violations, the Court may fix a maximum fine of $5,000 and/or imprisonment not to exceed a period of 30 days.
D. 
Forfeiture of gain from commission of offense. In lieu of imposing the fines authorized in § 105-42C, and in accordance with:
(1) 
Penal Law § 80.05(5), for individual defendants the fine fixed by the court shall be no more than the amount specified in § 105-42C or any higher amount not exceeding double the amount of the defendant's gain from the commission of the offense;
(2) 
Penal Law § 80.10(2)(b), for corporate defendants the fine fixed by the court shall be no more than the amount specified in § 105-42C or any higher amount not exceeding double the amount of the defendant's gain from the commission of the offense.
E. 
Civil action. Where authorized by a duly adopted resolution of the Town Board, the Town Attorney may bring and maintain a civil proceeding, in the name of the Town, in the Supreme Court, to temporarily, preliminarily and permanently enjoin the person, persons, trust or corporation conducting, maintaining or permitting said violation. The owner and tenants of the residence wherein the violation is conducted, maintained or permitted may be made defendants in the action.
F. 
Fraud. Any person, partnership, LLC, trust or corporation that knowingly provides false information to Town of Shelter Island officials investigating any violation under this section or that provides materials or support to assist any person to use false information to circumvent this section is guilty of providing fraudulent information. The offense of providing fraudulent information shall be a misdemeanor with a fine of no more than $5,000 and with a prison term of no more than three months.
A. 
Suspension: In addition to the financial penalties set forth above, the Town Board may suspend or revoke the vacation rental license following a public hearing before the Town Board wherein the owner or licensee has been given a reasonable opportunity to appear and be heard:
(1) 
For a period up to six months for the second offense in a calendar year; or
(2) 
For a period of up to 12 months for the third offense in a calendar year; or
(3) 
Permanently for a fourth offense in a calendar year or for an egregious violation of this section.
Nondelegable duty. It shall be the nondelegable duty of the owner who rents property subject to a vacation rental license, to ensure compliance with all noise, lighting, occupancy and parking regulations set forth in the Shelter Island Town Code and:
A. 
Joint and several. The owner and the tenant of a vacation rental shall be jointly and severally liable and responsible for all penalties resulting from tenant's violation the Shelter Island Town Code sections set forth above; and
B. 
Service of violation. Service of the notice of violation upon the owner or his/her representative shall be made within 30 days of the violation; and
C. 
Subsequent violations. The progressive and increasing penalties set forth in the Shelter Island Town Code sections covering the above referenced sections shall run with the property, be imposed for any violations occurring on the same property during the relevant time period notwithstanding that the violations shall have been incurred by different persons or tenants; and
D. 
Indemnification. Nothing in this section shall prohibit the parties from seeking restitution of any fines from the each other or from requiring indemnification in any lease or rental agreement.
Violations of this chapter may be enforced by any representative of the Town authorized to issue an appearance ticket under § 26-2 of the Shelter Island Town Code.
There will be a thirty-day grace period upon the enactment of this chapter during which anyone found in violation will receive a letter requiring registration rather than an appearance ticket.
[Added 10-23-2020 by L.L. No. 9-2020]
With regard to the rental of real property in the Town of Shelter Island, where there is an actual or apparent conflict between this chapter and any other provision of the Town Code, this chapter shall apply.