(A) Notwithstanding any other provision of this chapter, rental agreements with prospective occupants for vacations rentals that were pre-existing as of the enactment of this portion of this chapter (hereinafter "pre-existing agreements") are exempt from the provisions of this chapter.
(B) If a vacation rental is cited for a violation of this chapter, (that would not be a violation if it were not for this code), when the vacation rental is occupied under the terms of a pre-existing agreement, the vacation rental owner may defend such violation based on the fact that the vacation rental was exempt from this chapter due to it being occupied pursuant to a pre-existing agreement. Such defense shall be determined based upon the following information, and upon any additional information supplied by the vacation rental owner or otherwise determined by the fact finder:
(1) Copy of deposit or payment information evidencing that the agreement was a pre- existing agreement;
(2) Copy of e-mail or other communication evidencing a binding pre-existing agreement;
(3) Information from the occupant confirming that there was a binding agreement in a time-frame to make the agreement a pre-existing agreement under this section; or
(4) Written vacation rental agreement dated prior to September 24, 2019.
(C) If it is reasonably determined by the town staff, and confirmed by the town's Special Magistrate, that any information supplied to the Town of Palm Shores in support of an application for exemption or in support of a defense based upon pre-existing agreement was intentionally false or fraudulent, the person supplying the false or fraudulent information shall be subject to a fine.
(Ord. 2019-07, passed 11-19-2019)