[HISTORY: Adopted by the Town Board of the Town of Red Hook 12-22-2021 by L.L. No. 6-2021. Amendments noted where applicable.]
The purpose of this chapter is to regulate short-term rentals (STRs) within the Town of Red Hook in a manner that protects the public health, safety, and welfare. This chapter describes procedures for obtaining a permit for STRs and is intended to operate in conjunction with the regulations of Town of Red Hook Code Chapter 143, "Zoning."
Terms used in this section shall have the meanings given in Chapter 143 of the Code.
A. 
It shall be unlawful for any person to operate an STR, including any hosted STR, un-hosted STR or farm stay STR, within the Town of Red Hook without having obtained an annual operating permit for such purpose in accordance with the provisions of this chapter, and without having obtained requisite planning and zoning approvals under Chapter 143, Zoning, if any. A once-per year exception is provided in § 112-4. Any applicable planning and zoning approvals must be granted prior to the issuance of an annual operating permit.
B. 
Subject to the conditions set forth in this chapter, a property owner may obtain an annual operating permit where such use is permitted in the Zoning District by Chapter 143 subject to the conditions of Chapter 143.
C. 
All annual operating permits shall expire on December 31 of the year in which they are issued, except that annual operating permits approved in 2022 shall expire December 31, 2023. A property owner may apply for renewal for the following calendar year within three months prior to the expiration date.
D. 
Any person desiring to operate an STR shall make a written application for an annual operating permit to the Zoning Enforcement Officer. The application for an annual operating permit shall be made on forms provided by the Town of Red Hook and shall include the information required by this chapter and at least the following:
(1) 
Name, mailing address, phone number, and email address of property owner.
(2) 
Except for a farm stay STR, certification that the property is the owner's primary residence.
(3) 
Physical address and Tax Map ID number of the STR property and proof of ownership (current deed or latest property tax record).
(4) 
The application shall state whether there are any home occupations (and whether Class 1 or Class 2) or accessory dwelling units located on the property.
(5) 
Floor plan showing all bedrooms in the dwelling and identifying those to be used as an STR, indicating the square footage and ceiling height of bedroom(s) to be used as an STR and indicating location of two means of egress from each bedroom.
(6) 
Number of bedrooms proposed to be rented.
(7) 
Sketch map sufficient to show the location of all available off-street parking on the lot. (A single-family dwelling requires two off-street parking spaces; each rented room of an STR requires an additional space.)
(8) 
Certification that the STR contains a functioning smoke detector and two safe means of ingress/egress for each rented bedroom as well as a functioning CO detector and functioning fire extinguisher on each floor.
(9) 
For any STR other than a hosted STR, a designated local contact if the property owner is not staying within 15 air miles of the Town of Red Hook at the time the property is rented or the name, address and telephone of the property owner's temporary lodging within 15 air miles. The local contact shall be a person 18 years of age or older and shall be able to respond to an emergency or complaint at the property in a timely manner, not to exceed one hour.
(10) 
The application shall be signed by the property owner.
(11) 
Payment of the applicable permit fee in accordance with the fee schedule established and periodically reviewed by resolution of the Town Board.
E. 
In addition to the application and information required pursuant to Subsection D above, an applicant for an annual operating permit shall provide the following documentation along with the application:
(1) 
Hotel occupancy tax. For any renewal application, evidence of payment of the hotel occupancy tax required by Dutchess County for the prior fiscal year shall be submitted.
(2) 
Proof of primary residence. Primary residency shall be verified by one of the following:
(a) 
Confirmation by the assessor which may be based on the then-current eligibility of the property for the STAR (school tax relief) property tax exemption or credit; or
(b) 
Other satisfactory evidence that the property meets the primary residence criteria.
(3) 
The Building Inspector shall verify that the property is consistent with the application including the requirements of § 112-3D(5), (6), and (7).
A. 
In all zoning districts, as established by the Town of Red Hook Zoning Map in Chapter 143, property owners who have registered with the Town of Red Hook are permitted to rent out their primary residence as a registered STR a maximum of one time per calendar year (for a period of fewer than 30 days) without an annual operating permit. The registered STR must comply with all other provisions of this chapter, including the use regulations listed at § 112-5 and the Zoning Law.
B. 
Only one such registration shall be permitted per calendar year per property. Registration is required each year the home is rented. An owner may not hold a registration under § 112-4 and an annual operating permit under § 112-3 at the same time.
C. 
A property owner wishing to register under this section must submit an application with the information required at § 112-3D as well as the following:
(1) 
Dates the STR property will be rented.
(2) 
Maximum number of guests in total in the STR.
The following regulations apply to all STRs including those requiring an annual operating permit under § 112-3 and those requiring registration for the once per year exception under § 112-4.
A. 
Only the owner of the property containing a proposed STR may apply for and operate an STR.
B. 
Except for farm stay STRs, a property owner may only operate an STR on the parcel where their primary residence is located and may only operate an STR on one parcel in the Town.
C. 
Annual operating permits for an STR and registrations for a registered STR are specific to the designated owner and property and cannot be transferred to other owners or properties.
D. 
Neither an annual operating permit nor a registration shall be issued to any owner or for any property with an outstanding notice of violation under the Town of Red Hook Code, nor to any owner or property with a permit or registration that was suspended or revoked and remains uncured, or that was suspended or revoked two or more times during the two-year period preceding the year applied for.
E. 
If the structure to be used as the STR is the subject of a pending building permit or does not have a current certificate of occupancy, the building inspector may require an inspection for compliance with applicable requirements of the NYS Uniform Fire Prevention and Building Code.
F. 
The parking spaces required by the Zoning Law must be available for use by the short-term rental tenants.
G. 
All STRs shall comply with all applicable provisions of the Town Code.
H. 
The owner of an STR shall provide the permit or registration number of the STR, and the name and contact number of the property owner and (where required) the local contact (i) in any rental confirmation provided to a prospective occupant; (ii) in a written posting at the premises; (iii) in any advertising or listing, the permit or registration number only; and (iv) to any adjacent landowner upon request.
I. 
STR owners shall post a copy of the following in an open and conspicuous place in the rental unit that shall be readily visible to all guests:
(1) 
STR permit or registration number;
(2) 
A copy of Chapter 92 (Noise) of the Code.
(3) 
A safety/egress plan shall be posted in a visible location inside the STR and on the back of each bedroom door offered for rent.
(4) 
A property map (either a survey of the property or a tax map printed from Dutchess County Parcel Access) depicting property boundaries and notice to guests not to trespass on neighbors' property.
(5) 
Information identifying location of easily accessible solid waste and recycling facilities, and pickup date(s).
J. 
Facilities to handle solid waste, including recycling, shall be made available to STR guests and shall be easily accessible, secure and screened from adjacent properties. Failure to adequately provide for and dispose of refuse shall be a violation of this chapter.
K. 
Except for farm stay STRs, hosted STRs limited to one bedroom (which limit must be stated in the application and permit) may be rented not more than an aggregate of 210 days per year and all other STRs may be rented not more than an aggregate of 120 days per year. (This restriction is not applicable to registered STRs which are limited to a maximum of one time per calendar year for a period of fewer than 30 days).
L. 
Each STR owner shall be required to maintain a record of all STR rentals, which shall be available for inspection by the Zoning Enforcement Officer upon request. The record shall be a true and accurate record of the use of the STR and shall include the dates and total number of days rented, number of bedrooms rented, and number of guests. Each owner shall retain such records for at least three years.
M. 
Occupancy taxes. The property owner shall be responsible for payment of the hotel occupancy room tax to Dutchess County either directly or through Airbnb or other platforms if applicable, and for collecting and remitting all applicable occupancy and sales taxes required by state law and/or county local law. Failure to pay all required taxes shall be a violation of this chapter. The Town may transmit permit and registration information to Dutchess County for enforcement purposes.
A. 
Violations. Any of the following shall constitute a violation of this chapter:
(1) 
Failure to comply with any provision of this chapter.
(2) 
Advertising or listing an STR without a valid permit or registration, or without including the permit or registration number on the advertising or listing, or advertising or listing an STR for a greater occupancy than permitted.
(3) 
Operation of an STR without a valid permit or registration or for a greater occupancy than permitted.
(4) 
Failure to properly display a valid annual operating permit or registration or the required safety/egress plan, waste management plan, copy of Chapter 92 (Noise), and property map when required by Chapter 112.
(5) 
Fraud or misrepresentation with respect to any information provided to the Town in connection with the STR application or its operation.
(6) 
Violation of Chapter 92, Noise.
(7) 
Activity at the property that creates a public nuisance, or otherwise constitutes a danger to the public health, safety, welfare or morals.
B. 
Suspension or revocation of a permit or registration.
(1) 
A notice of violation may be issued by the Zoning Enforcement Officer or Building Inspector for any violation of Chapter 112. The notice of violation shall describe the violation and require the permit holder to immediately correct the violation or cause the violation to be corrected.
(2) 
The notice of violation shall be provided to the permit holder by personal service, by regular mail to the address submitted with the permit application, or by posting at the STR.
(3) 
Failure to correct the violation or cause the violation to be corrected shall be grounds for immediate suspension or revocation of the permit or registration.
(4) 
A permit holder shall be entitled to request a hearing on suspension or revocation before the Town Supervisor or other hearing officer designated by the Supervisor, upon application made to the Town Clerk demonstrating that the permit holder was not in violation of the permit. Any suspension or revocation remains in effect unless modified by the hearing officer. The hearing officer shall hold a hearing to determine whether to reverse the suspension or revocation within 30 days of written request.
(5) 
Notwithstanding the above, in the event the enforcement officer determines that the STR is unsafe and presents and immediate hazard to those on the premises, they may immediately suspend an annual operating permit or registration.
C. 
Enforcement.
(1) 
The requirements established by this chapter shall be administered and enforced by any law enforcement agency that has jurisdiction in the Town of Red Hook ("police officers"), the Town of Red Hook Zoning Enforcement Officer, Code Enforcement Official/Building Inspector and Town Attorney or his/her designee and such other employees and/or officials authorized by the Town Board.
(2) 
In addition to any administrative remedy, pursuant to the provisions of Municipal Home Rule Law, § 10, Subdivision 4(a), and the Criminal Procedure Law, § 150.10, Police Officers, the Zoning Enforcement Officer and Code Enforcement Official/Building Inspector of the Town of Red Hook are hereby authorized to issue and serve appearance tickets, as defined in the Criminal Procedure Law, returnable in Town Court of the Town of Red Hook, when he or she has reasonable cause to believe a person has violated, in his or her presence, Chapter 112 of the Code of the Town of Red Hook, entitled "Short-Term Rentals," and to prosecute the violation in Town Court.
D. 
Penalties for offenses.
(1) 
Violation of any provision or requirement of this chapter or violation of any statement, application, permit, or registration approved under the provisions of this chapter shall be considered an offense punishable by a fine of not more than $350 and/or imprisonment for not more than six months for a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 and/or imprisonment for not more than six months; and upon conviction for a third or subsequent time within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 and/or imprisonment for a period of not more than six months.
(2) 
The owner, agent, or operator of a building, premises or part thereof where such violation has been committed or does exist and any agent, corporation or other person who commits, takes part or assists in such violation shall be individually liable for such an offense. All such penalties shall be collectible by and in the name of the Town. Each and every week that any such violation continues after notification that such violation exists shall constitute a separate chargeable offense. Such initial notice and subsequent weekly notice shall be given in accordance with § 112-6B herein.
(3) 
Conviction of a violation of this chapter shall constitute and effect an immediate forfeiture of any permit or registration hereunder held by the person so convicted.
(4) 
Without limiting any other remedy, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, this chapter.