ARTICLE XVII. - SHORT-TERM RENTALS
Part of the Code of Ordinances of Narragansett, RI.
The text
Sec. 14-540. - Title.#
This short-term rental ordinance shall be known and may be cited as the "Short-term Rental Ordinance."
(Ch. 1123, § 3, 5-6-2024, eff. 9-1-2024)
Sec. 14-541. - Purpose.#
(a)
The Constitution of the State of Rhode Island, Article XIII, Section 2, in relevant part, grants to the Town of Narragansett the authority to enact and amend local laws relating to its property, affairs, and government as long as such local laws are consistent with the Constitution and laws enacted by the General Assembly. This delegation of power includes the police power to enact reasonable legislation to regulate and supervise rental dwellings to protect public health, safety and welfare.
(b)
The Town of Narragansett finds that, by application of the regulatory framework contained herein, the short-term rental of dwelling units can have a positive effect on the health, safety and welfare of the community by providing a flexible housing stock that allows travelers safe accommodations while contributing to the local economy and providing homeowners an opportunity to hold property in difficult economic circumstances or as an investment.
(c)
The Town of Narragansett finds that, based on public feedback and the experiences of other cities, certain forms of short-term renting can negatively affect the availability and affordability of long-term housing units. In order to maintain a strong sense of community and to provide for a diversity of residents, local housing must be a priority in regulating short-term rentals.
(Ch. 1123, § 3, 5-6-2024, eff. 9-1-2024)
Sec. 14-542. - Definitions.#
For the purpose of this chapter the following definitions shall apply: (a)
Host. An owner of a dwelling unit who rents the dwelling unit for transient occupancy as a short-term rental.
(b)
Building official. The person holding commercial and residential inspection certifications with the State of Rhode Island and who is given authority by the town to enforce any and all state building codes and local town ordinances or his/her designee(s).
(c)
Local representative. A person designated on the application filed under this short-term rental ordinance as the person authorized to receive any process, notice or demand required or permitted to be served upon the host of the dwelling unit and required to respond to questions/complaints from tenants, neighbors, and town staff on a 24-hour/7-day basis. A local representative may, but need not, also serve as a property manager.
(d)
Narragansett resident. A resident taxpayer who has his/her principal residence and legal domicile in Narragansett and whose property is legally titled to the resident taxpayer, a trust to which the resident taxpayer is the named beneficiary, or to a corporate entity owned and controlled by the resident taxpayer.
(e)
Short-term rental. The rental or other contractual arrangement for the occupation of a dwelling unit by an individual tenant, a family or multiple tenants under a single lease, for residential and/or dwelling purposes, for a period of less than 30 consecutive nights.
(f)
Short-term rental unit. The dwelling unit where a host conducts a short-term rental.
(g)
Short-term rental period. The period from September 1 st through August 31 st of each year.
(h)
Town. The Town of Narragansett, Rhode Island.
(Ch. 1123, § 3, 5-6-2024, eff. 9-1-2024)
Sec. 14-543. - Applicability.#
(a)
Permitted short-term rentals. A short-term rental unit may be used as a short-term rental within the town upon the issuance of a short-term rental permit for the dwelling unit in accordance with the requirements of this short-term rental ordinance and registration with the State of Rhode Island, as per R.I. Gen. Laws § 42-63.1-14.
(b)
Prohibited short-term rentals.
(1)
No person may offer to rent, operate, or otherwise use any dwelling unit in the town as a short-term rental without a valid pending application or valid short-term rental permit for the dwelling unit.
(2)
A short-term rental shall be for a period of more than six consecutive nights. Rentals of fewer than seven nights are prohibited.
(c)
Lodging establishments are exempt. Other lodging establishments as defined in Chapter 14, including hotels, motels, boardinghouses, bed and breakfasts, tourist camps, or trailer parking sites, are exempt from the permitting requirements and standards of this short-term rental ordinance.
(d)
Restrictions specifically applicable to "Households" and "Student Occupied Dwellings" as defined in Appendix A, Section 2.2 entitled "Definitions" of the Code of Ordinances of the town are exempt.
(Ch. 1123, § 3, 5-6-2024, eff. 9-1-2024)
Sec. 14-544. - General requirements—Application, inspection, and permit required.#
(a)
The host must submit the required application and pay all required fees prior to advertising or renting any privately-owned residential dwelling for a period of less than thirty consecutive days.
(1)
All short-term rental units shall be registered by the host with the town and the host must obtain a short-term rental permit.
(2)
Transferability—A short-term rental permit is not transferrable and may not be assigned, transferred, or loaned to any other person or to any other dwelling unit or location. The short-term rental permit shall automatically expire upon sale or transfer of the dwelling unit.
(b)
Inspections.
(1)
At the time of application, the dwelling unit and short-term rental unit shall be scheduled for inspection by the building official and the fire marshal or his/her designee, prior to the issuance of the permit.
(2)
The purpose of the inspection(s) is to determine compliance with the relevant state building codes, fire codes and town ordinances, including, but not limited to ensuring smoke and CO detectors are installed and compliance with the RI Life Safety Code for dwelling units and short-term rental unit; the occupancy limit of the unit pursuant to this short-term rental ordinance; and to determine the number of on-site parking spaces required and available.
(3)
The building official shall issue a short-term rental permit stating the maximum occupancy for the dwelling unit. The building official and/or fire marshal may conduct subsequent inspection(s) of any short-term rental unit upon a complaint or for any other proper reason pursuant to Rhode Island General Laws, applicable regulations and/or town ordinances.
(4)
Any deficiencies found by the building official or fire marshal must be satisfactorily addressed by the host prior to the use or re-use of the short-term rental unit.
(5)
The host has proof of general liability insurance for short-term rental use with a minimum amount of $1,000,000.00 combined single limit.
(c)
The town shall establish fees for the permitting of short-term rentals and fines for violations of this short-term rental ordinance.
All short-term rental unit permits shall expire on August 31 st of each year unless revoked, rescinded and/or returned, in the manner described in this short-term rental ordinance.
(Ch. 1123, § 3, 5-6-2024, eff. 9-1-2024)
Sec. 14-545. - Permitting limits.#
(a)
The total number of short-term rental permits within the Town of Narragansett shall be set by the town council. The limitation on the total number of permits set by the town council shall first go into effect on September 1, 2024.
(1)
For the permit year beginning in September 2024: 1,100 permits;
(2)
For the permit year beginning in September 2025: 1,000 permits;
(3)
For the permit year beginning in September 2026: 900 permits.
(b)
The town shall maintain a waiting list on a first-come, first-serve basis if the number of short-term rental permit applications exceeds the permitting limit.
(Ch. 1123, § 3, 5-6-2024, eff. 9-1-2024)
Sec. 14-546. - Application.#
(a)
Short-term rental permit. To apply for a short-term rental permit, a host shall file an application online and pay the required fee(s) with the building official including the following information:
(1)
The name, address, valid email address, and telephone number of the host of the subject short-term rental unit;
(2)
The address of the proposed short-term rental unit;
(3)
The number of bedrooms, and number of on-site parking spaces of the proposed short-term rental unit, as defined by section 14-547. The number of compliant parking spaces will be verified by the building official;
(4)
The name, address, email address, and telephone number of the local representative who will be available 24 hours per day to accept telephone calls regarding the short-term rental when occupied and the ability to respond within one hour, if different than the host;
(5)
Proof of general liability insurance for short-term rental use with a minimum amount of $1,000,000.00 combined single limit;
(6)
Such other information as the building official may deem appropriate to show compliance with all Narragansett Town Ordinances;
(7)
The host shall also acknowledge and/or certify information contained in the application, including, but not limited to:
a.
The space used for the short-term rental meets or exceeds fire and life safety requirements, including installation of smoke and carbon monoxide detectors, and adequate means of egress;
b.
The unit shall be inspected by the fire marshal and building official initially upon application to ascertain the compliance of all provisions of this short-term rental ordinance;
c.
The host shall adhere to the short-term rental regulations listed in this short-term rental ordinance;
d.
The short-term rental permit is not intended to and shall not operate to allow any residential property owner to violate any private conditions, covenants, and restrictions applicable to the owner's property that may prohibit the owner from using his or her property as a short-term rental unit, as defined in this short-term rental ordinance.
(b)
A short-term rental permit application shall be accompanied by payment of all required fees referenced in this short-term rental ordinance, including application, processing, and inspection fees.
(c)
A short-term rental permit shall not be issued if there are unresolved Town Code compliance issues, past due property taxes on dwelling units located within the town, or town liens on the dwelling unit and/or property.
(d)
Short-term rental permits are subject to any intervening changes in this short-term rental ordinance and issuance shall be denied if the short-term rental no longer qualifies under the amended requirements of this short-term rental ordinance, unless specifically exempted therefrom.
(e)
Copies of the application, with contact information for the host and, if applicable, the local representative, shall be maintained by the town and available to the Narragansett Police and Fire Departments.
(f)
Narragansett resident shall have the exclusive right to apply for a short-term rental permit, for his/her principal residence and legal domicile, for a period of 14 days from the date the annual application period commences.
(Ch. 1123, § 3, 5-6-2024, eff. 9-1-2024)
Sec. 14-547. - Occupancy limits and parking requirements.#
(a)
Maximum occupancy. The maximum occupancy for the dwelling and short-term rental unit shall be two persons per bedroom, unless limited by any of the following:
(1)
A bedroom must be a minimum of 70 square feet for one occupant and a minimum of 120 square feet for two occupants.
(2)
All bedrooms must conform to section 34-189(b) of the Municipal Ordinance.
(b)
Wastewater requirements for units not located on the town's sewer system.
(1)
The maximum occupancy shall not exceed the number of bedrooms supported by the design load of the property's On-site Wastewater Treatment System ("OWTS").
(2)
The host shall provide records and/or information that the building official or his/her designee deems reasonably sufficient to determine the number of bedrooms for which the OWTS is rated.
(c)
Parking requirements.
(1)
One on-site parking space shall be provided for each bedroom as determined by the building official, on the same lot on which the short-term rental unit is located with a minimum of two parking spaces as required by Appendix A section 7.9(1).
(2)
On-site parking spaces shall be located within an identified driveway and/or parking area and not on lawn areas.
(3)
All required parking spaces must be dedicated and available for use as required by this short-term rental ordinance.
(4)
For dwelling units of four bedrooms or fewer: each required parking space shall be not less than ten feet in width and 20 feet in length exclusive of drives and maneuvering space.
(5)
For dwelling units of five bedrooms or more: parking areas shall total 300 square feet for every bedroom.
(6)
Where the total number of parking spaces required by this section cannot be met, the permitted occupancy of the dwelling shall be reduced to conform to the available number of on-site parking spaces.
(Ch. 1123, § 3, 5-6-2024, eff. 9-1-2024)
Sec. 14-548. - Permit issuance, expiration, and renewal.#
(a)
Issuance—If the building official and the fire marshal determine that the proposed short-term rental permit application satisfies all of the requirements of this short-term rental ordinance, the building official shall issue the host a short-term rental permit in accordance with the limits established in this short-term rental ordinance.
(b)
Expiration—A short-term rental permit shall expire on August 31 st .
(c)
Renewal—A short-term rental permit does not renew. The host shall apply for a short-term rental permit during the short-term rental period. The process shall be the same as described in section 14-546.
(d)
Rejection—No short-term rental permit shall be issued for a dwelling unit for a period of 12 months following the date of the revocation of the short-term rental permit or the date a violation has been issued for an unpermitted use of a dwelling unit as a short-term rental.
(Ch. 1123, § 3, 5-6-2024, eff. 9-1-2024)
Sec. 14-549. - Operational requirements.#
(a)
Local representative—At all times a short-term rental unit is rented, the host or a designated local representative person shall be available 24 hours a day, seven days a week for the purpose of responding within fours hours of notification to complaints regarding the condition, operation, or conduct of occupants or guests of the short-term rental unit.
(1)
Upon notification that any occupant and/or guest of the short-term rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental unit, the host or local representative shall respond within four hours and immediately halt and prevent a recurrence of such conduct by any occupants and/or guests.
(2)
The host may change the designation of the local representative by filing an amended registration application including the name, address, and telephone number of the new local representative.
(b)
Advertising—No person shall advertise, undertake, maintain, authorize, book, or facilitate any short-term rental to guests in a manner that does not comply with this short-term rental ordinance. The host shall be responsible and is required to accurately state in all short-term rental advertising (including postings to web-based platforms), the maximum number of bedrooms, maximum number of persons, number of designated on-site parking spaces, and provide notice to renters of the regulatory standards of this short-term rental ordinance.
(c)
Short-term rentals shall be limited to one booking per property per day. One party checking out and a different party checking in on the same day is permitted. A booking may consist of the short-term rental of one or more bedrooms in the dwelling unit or the short-term rental of the entire home.
(d)
Residential character—Short-term rentals shall not adversely affect the residential character of the neighborhood nor shall the use generate noise, vibration, glare, odors, or other effects that unreasonably interfere with any person's reasonable enjoyment of his or her residence.
(1)
A host of a short-term rental unit shall not change or allow the residential character of the outside appearance of the residence to be changed, either by the use of colors, materials, lighting, signage, or any advertising mechanism.
(2)
Events including, but not limited to, weddings, banquets, bachelor or bachelorette parties and corporate events are prohibited from occurring as part of the short-term rental use. The dwelling shall not be advertised or rented for the purpose of accommodating such uses.
(3)
No person shall offer or engage in short-term rental activity in any part of the property not approved for residential use, including, but not limited to, a vehicle parked on the property, recreational vehicle, boat, a storage shed, trailer, garage, or any temporary structure such as a tent or tree house.
(e)
The host shall have a separate written lease or rental agreement for each individual booking. Each lease or rental agreement for a short-term rental shall include a copy of this short-term rental ordinance and shall be attached as an exhibit.
(f)
The following information shall be posted in a conspicuous location within the short-term rental unit so as to be readily available for inspection by police, zoning, building, fire, or housing officials of the Town of Narragansett.:
(1)
The short-term rental permit;
(2)
The name and contact information for the host and/or local representative;
(3)
The maximum number of overnight occupants and approved parking spaces;
(4)
Applicable rules and schedules for trash and recycling storage and pickup, noise, parking, and water restrictions;
(5)
Local emergency information;
(6)
A copy of the current lease indicating the names of the official renter(s) for that time period. This document shall be changed with the change of every group of renter(s);
(7)
A statement that the renter may be held legally responsible and liable for any violations of law committed by the renter or by other occupants or guests while at the short-term rental unit.
(g)
Each short-term rental host shall comply with the provisions of all town, county, state, or federal disaster or emergency orders.
(Ch. 1123, § 3, 5-6-2024, eff. 9-1-2024)
Sec. 14-550. - Recordkeeping.#
The host and the local representative, if applicable, shall obtain accurate and up-to-date information, including the names, home addresses and phone numbers of each person that signs a written lease or rental agreement and the date of the rental period. The host and local representative, if applicable, shall maintain this information and shall retain copies of all written lease or rental agreements throughout the term of the short-term rental period and a year thereafter; and shall make this information available to town officials who are lawfully investigating or prosecuting any offense reasonably believed to involve one or more of the renters.
(Ch. 1123, § 3, 5-6-2024, eff. 9-1-2024)
Sec. 14-551. - Enforcement—Penalty for violation; revocation of permit.#
(a)
For the purposes of enforcement of the provisions of this short-term rental ordinance, the Town Council of the Town of Narragansett hereby designates and authorizes the building official or his/her designee(s) for the town to implement, investigate, enforce, and prosecute the provisions of this short-term rental ordinance.
(b)
The host shall be responsible and jointly and severally liable for compliance at all times with the short-term rental ordinance provisions, including but not limited to, occupancy limits and parking requirements.
(c)
Violations of this short-term rental ordinance shall be enforceable through issuance of a violation citation and summons by the building official or his/her designee(s) and citations shall be heard and adjudicated by the Narragansett Municipal Court or other court of appropriate jurisdiction.
(d)
Major violations include:
(1)
Operation without a valid pending application or required permit;
(2)
Intentionally misrepresenting any material fact in procuring a permit;
(3)
Refusal of required or properly requested inspections;
(4)
Engaging or continuing the short-term rental while deficiencies identified by the building official or fire marshal are outstanding;
(5)
Failure of the host and/or local representative to gather, maintain or provide the required information set forth section 14-550;
(6)
Three or more minor violations in a short-term rental period; the third instance cited shall constitute a major violation.
(e)
Minor violations include:
(1)
Failure to notify the town of any change in the local representative;
(2)
Failure to resolve a noise complaint within four hours;
(3)
Operating at an occupancy greater than the permitted number of guests;
(4)
Failure of the host or local representative to respond to a complaint notification within four hours;
(5)
More than one noise complaint lodged with the police during any one separate occupancy;
(6)
Any violation of this short-term rental ordinance not specifically identified as a major or minor violation herein or any violation of any other town ordinance, state or federal law not expressly exempted herein.
(f)
Each and every day on which a major violation occurs or remains unremedied shall be deemed to be a separate violation.
(g)
Property owners and hosts who violate the provisions of this short-term rental ordinance shall be subject to minimum mandatory fines as set forth in section 14-553.
(h)
Revocation—Notwithstanding any other remedies available to the town, the building official shall revoke a short-term rental permit issued under this short-term rental ordinance upon the issuance of one major violation of this short-term rental ordinance.
The remedies provided in this section are not exclusive, and nothing in this short-term rental ordinance shall preclude the use or application of any other remedies, penalties, or procedures established by law. The town may pursue any other administrative or judicial legal remedies available, including, but not limited to, civil injunctions, permit revocations, and civil penalties for violations of this short-term rental ordinance.
(Ch. 1123, § 3, 5-6-2024, eff. 9-1-2024)
Sec. 14-552. - Implementation.#
This short-term rental ordinance shall take effect September 1, 2024, provided, however, this short-term rental ordinance will not be enforced with regard to short-term rentals for which a contract was executed prior to September 1, 2024.
(Ch. 1123, § 3, 5-6-2024, eff. 9-1-2024)
Sec. 14-553. - Fees and fines.#
(a)
The town council shall set the application and permit fees for the short-term rental permit.
Narragansett
Resident Non-Resident
(1) Short-term Rental permit $375.00 $750.00
(2) Short-term Rental permit application $50.00 $100.00
(3) Re-Inspection Fee $375.00 $375.00
(4) Re-Schedule Inspection Fee $100.00 $100.00
(b)
The town council shall set the minimum mandatory fines for violations.
(1)
For minor violations:
a.
First offense in a permit year: $250.00
b.
Second offense in a permit year: $500.00
c.
Third and subsequent offenses in a permit year: $1,000.00, with the third instance cited constituting a major violation.
(2)
For major violations: $1,000.00, in addition to the immediate revocation of a short-term rental permit.
(Ch. 1123, § 3, 5-6-2024, eff. 9-1-2024)
Sec. 14-554. - Severability.#
If any section, subdivision, paragraph, sentence, clause or phrase of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article that can be given effect without the invalid provisions or application, and to this end the provisions of this article are severable.
(Ch. 1123, § 3, 5-6-2024, eff. 9-1-2024)