[Adopted 2-12-2019 by Ord. No. 2019-01]
The purpose of this article is to ensure that the quality and
nature of the short-term rentals operating within the Town of West
Bend are adequate for protecting public health, safety, and general
welfare and to protect the character and stability of neighborhoods
within the Town.
The Town Board of the Town of West Bend has been authorized
to exercise village powers pursuant to §§ 60.10(2)(c)
and 60.22(3), Wis. Stats. The Town Board adopts this article under
its general village powers authority and § 66.1014 of the
Wisconsin Statutes.
As used in this article, the following terms shall have the
meanings indicated:
PROPERTY MANAGER
A person who is not the property owner and who provides property
management services for one or more short-term rentals and who is
authorized to act as the agent of the property owner for the receipt
of service of notice of municipal ordinance violations and for service
of process pursuant to this article.
PROPERTY OWNER
The person who owns the residential dwelling that is being
rented.
RESIDENTIAL DWELLING
Any building, structure, or part of the building or structure,
that is used or intended to be used as a home, residence, or sleeping
place by one or more persons maintaining a common household, to the
exclusion of all others.
SHORT-TERM RENTAL
A residential dwelling that is offered for rent for a fee
and for fewer than 29 consecutive days.
Each short-term rental shall comply with all of the following
requirements:
A. No residential dwelling may be rented for a period of six or fewer
days.
B. If a residential dwelling is rented for periods of more than six
but fewer than 29 consecutive days, the total number of days within
any consecutive 365-day period that the dwelling may be rented shall
not exceed 180 days.
C. The property owner or property manager shall notify the Town Clerk
in writing when the first rental within a 365-day period begins.
D. No recreational vehicle, camper, tent, or other temporary lodging
arrangement shall be permitted on site as a means of providing additional
accommodations for paying guests or other invitees.
E. Any outdoor event held at the short-term rental shall last no longer
than one day, occurring between the hours of 8:00 a.m. and 10:00 p.m.
At minimum, a seven-consecutive-day interval must occur between outdoor
events held at the short-term rental. Any activities occurring at
the short-term rental shall comply with other applicable noise regulations.
F. A local property management contact (either the property owner or
an appointed property manager) must be on file with the Town at all
times and must be located within 10 miles of the short-term rental.
The Property Owner and/or Property Manager must provide the Town with
current contact information and must be available 24 hours a day,
seven days a week by telephone. The Town must be notified within 24
hours of any change in contact information.
G. Each short-term rental shall maintain a register and require all
guests to register with their actual names and addresses. The register
shall be kept on file for at least one year. The register shall also
include the time period for the rental and the monetary amount or
consideration paid for the rental.
H. Each short-term rental shall hold a valid State of Wisconsin Tourist
Rooming House License and shall provide proof of such license by attaching
a copy to the initial license application and all subsequent renewal
applications.
Should any portion of this article be declared invalid or unconstitutional
by a court of competent jurisdiction, such a decision shall not affect
the validity of any other provisions of this article.
This article shall become effective upon adoption and publication
as required under § 60.80, Wis. Stats.