The purposes of this chapter are to ensure that the quality
of short-term rentals operating within the City is adequate for protecting
public health, safety and general welfare, including establishing
minimum standards of space for human occupancy and parking and for
an adequate level of maintenance; determine the responsibilities of
owners and property managers operating or managing these rental properties
for tourists or transient occupants, including, but not limited to,
the responsibility to expeditiously and personally respond to, stop,
mitigate, or prevent the reoccurrence of unreasonable activities on,
or conditions, uses or misuses of, these rental properties which adversely
impact or substantially annoy, disturb, threaten, harm, offend or
interfere with the residential uses, nature or values of other properties
in the neighborhoods in which these rental properties operate, or
with the comfort, health, enjoyment, security, life, health, or safety
of others, or which substantially interfere with, obstruct, or tend
to obstruct or render dangerous for passage any lane, street, road,
bridge or other public or private way used by emergency vehicles or
protective service personnel to gain access to property or a navigable
body of water to provide services, (i.e., public nuisances); protect
the character and stability of all areas, especially residential areas,
within the City of Muskego; provide minimum standards necessary for
the health and safety of persons occupying or using buildings, structures
or premises; require the provision of liability insurance in connection
with the operation of short-term rentals so that persons on these
properties, and the owners and occupants of adjacent properties, who
suffer bodily injury or property damage arising from the condition
or operation of the short-term rental, or from acts or omissions occurring
thereon, are afforded a potential source of recovery to pay such damage
claims; and provide for the administration and enforcement hereof.
As used in this chapter, the following terms shall have the
meanings indicated:
CLERK
The City Clerk of the City of Muskego or designee.
DWELLING UNIT
One or more rooms designed, occupied, used, or intended to
be occupied or used as separate living quarters, with a food preparation
area and sleeping and sanitary facilities provided within such room(s).
Dwelling units include residential, tourist room house, and seasonal
employee housing.
ENTITY
A corporation, investment company, limited partnership, limited-liability
partnership, limited-liability company, cooperative association, unincorporated
cooperative association, common law trust, or any other group or organization
licensed to do business in this state.
GUEST REGISTER
The official record provided and kept by a property owner
in which short-term rental guests are required to list their true
names and addresses before being assigned sleeping quarters, pursuant
to Wis. Adm. Code § ATCP 72.16.
LICENSE YEAR
The period from January 1 of each year to December 31 of
the same year.
OCCUPANT
Any person over one year of age living, sleeping, cooking
or eating in, or having actual possession of, a dwelling unit.
PERSON
An individual, group of individuals, or an entity.
RENEWAL LICENSE
Any license issued under this Chapter
297 which will be or is in effect for the license year immediately following a license year for which the City Clerk issued a license under this chapter for the same short-term rental property.
SHORT-TERM RENTAL
A residential dwelling that is offered for rent for a fee
and for fewer than 30 consecutive days, as defined in Wis. Stats.
§ 66.0615(1)(dk).
The City Clerk shall issue a short-term rental license if an applicant demonstrates compliance with the provisions of Chapter
297 of the City Code. A short-term rental license is issued for one license year and may be renewed annually as provided in §
297-6. The license shall contain the following information:
A. The name of the property owner, with contact information, including
mailing address and a telephone number at which the property owner
is available.
C. The State of Wisconsin tourist rooming house license number.
Each short-term rental shall comply with this chapter's
requirements and any other applicable state, county or local laws,
codes, rules or regulations. Each short-term rental shall comply with
the following standards:
A. The number of occupants may not be more than allowed under Wis. Adm.
Code Ch. ATCP 72 or any other state regulation, state statute, or
local ordinance.
B. A minimum of one off-street parking stall shall be provided for every
occupant bedroom with a minimum of three. All parking areas shall
meet the size and location requirements of the City Code and shall
be hard surfaced and maintained in a reasonably dustless condition.
No trailers of any kind shall be parked on the street.
C. The short-term rental premises shall have functioning smoke detectors
and carbon monoxide detectors pursuant to the requirements of Wis.
Adm. Code Ch. SPS 321.
D. Certification of compliance. As a condition of issuance of a license under Chapter
297 of the City Code, the property owner shall certify, in writing, in each initial application and renewal application form that the short-term term rental property is in compliance with the terms and conditions of the license and this chapter.
Each license shall be displayed on the inside of the main entrance
door of each short-term rental.
Any person applying for an initial short-term rental license
or renewing a license pursuant to this chapter shall be subject to
the fees as established by resolution of the Common Council.
Should any portion of this chapter be declared invalid or unconstitutional
by a court of competent jurisdiction, such decision shall not affect
the validity of any other provisions of this chapter.