For purposes of this chapter, the following words and phrases shall have the following meaning ascribed to them respectfully:
(a) "Authorized Representative" Any individual, person, firm, partnership, corporation or company, other than an Owner, acting on behalf of an Owner of a short-term rental property responsible for ensuring compliance with all provisions of this Chapter and registered as the Owner's Authorized Representative with the City of Port Clinton.
(1) For purposes of this Chapter, actions taken by an Authorized Representative acting on behalf of the Owner shall have the same legal force and effect as if such acts were taken by the Owner.
(2) No Owner shall be absolved of individual liability solely on the basis that acts were taken by an Authorized Representative and not the Owner.
(b) "Application" The submission of all information required herein and payment of the required fees to the City of Port Clinton.
(c) "Bedroom" Any room used for sleeping purposes that contains at least seventy (70) square feet of floor space and shall have at least one window or ventilating sky light facing directly to the outdoors.
(d) "Calls for Service" Any and all calls, including, but not limited to, those to law enforcement, fire department, or emergency assistance of any kind when those calls result in a representative of a law enforcement agency, a fire department, or another emergency assistance service being dispatched or directed to the short-term rental.
(e) "Failure to file Return Form" Failure to file a return form may be subject to an assessment deemed appropriate by the Treasurer in addition to any other penalties.
(f) "Maximum Occupancy" Short-term rental operators are permitted a maximum occupancy of two (2) guests for a Studio apartment and a maximum occupancy of two (2) guests per bedroom in residential units, larger than a studio apartment, with bedrooms, plus two (2) additional guests. This maximum occupancy shall be identified in the Short-Term Rental Operating Certificate.
(g) "Return Form" Each operator shall be responsible for filing returns with the Treasurer, even if there are no rents to report, on forms available at www.portclinton.com in accordance with Chapter 171 of the Port Clinton Codified Ordinances. If the Operator has more than one unit, he/she/it shall complete a return for each unit or provide a reconciliation by unit/address which identifies gross rents/tax collected and tax due.
(h) "Return Form filed by a Third Party" The person responsible for filing a return form on behalf of an Operator, shall file a return form for each Operator to the Treasurer, even if there are no rents to report, on forms available online at www.portclinton.com in accordance with Chapter 171 of the Port Clinton Codified Ordinances.
(i) "Return Form Exemptions" All claims for exemption from the tax filed by guests with the operator during the reporting period shall be filed with the return/report. The guest shall provide the operator with appropriate paperwork stating the exemption, purpose, and the amount of days staying. The operator or their Authorized Representative shall provide the Treasurer the guest's paperwork stating the exemption at the time the return is filed, the full amount of the tax collected shall be remitted to the Treasurer. Exemptions will not be accepted by the Treasurer without appropriate paperwork stating the exemption.
(j) "Return Exemption for Long-Term Rentals" All claims for exemption for a short-term rental, operating as a long-term rental for more than thirty (30) days in a calendar year, shall be submitted with the return by providing proof of a Landlord/Tenant report to the Treasurer and to the City of Port Clinton Department of Taxation. Exemptions will not be accepted by the Treasurer without appropriate paperwork showing the property is being used as a long-term rental.
(k) "Nuisance" Refers to actions by someone or something within their control that interferes with the rights of either the public or private citizens outside of their property.
(l) "Operator" Any person who offers a short-term rental out to the public for rent.
(m) "Operating Registration Number" All operators are required to obtain a valid operating registration number that is displayed on their short-term rental operation certificate and posted at the short-term rental unit.
(n) "Parking" There will be no demand for parking beyond that which is normal to a residential area and no unusual or excessive traffic to and from the premises and the number of permitted vehicles shall be identified in the Short-Term Rental Operating Certificate.
(o) "Port Clinton Codified Ordinances" Local rules and regulations for the City are located at portclinton.com.
(p) "Rental Management Company” A person, who for another and for a fee, operates, manages, rents, offers, or attempts to operate, manage, or rent another's short-term rental property.
(q) "Responsible Local Person" The Responsible Local Person shall be designated by the owner and shall be required to be physically present in person at the short-term rental within sixty (60) minutes of any notification by a member or law enforcement or the fire department or emergency assistance of any kind relating to a Call for Service to the short-term rental. The owner may designate more than one Responsible Local Person or may designate a backup if the initial person is unavailable. The failure to provide contact information, failure to keep contact information current failure to respond in a timely manner to complaints, or the occurrence of repeated complaints may result in the suspension/revocation of license and/or civil or criminal penalties.
(r) "Short-Term Rental" Any residential unit, or part thereof, offered or held out to the public for rent, for a duration of occupancy of less than thirty (30) consecutive days.
(s) "Short-Term Rental Advisory" The operator shall prominently display an advisory, adjacent to the short-term rental license, summarizing guidelines and restrictions applicable to the short-term rental use, including:
(1) Contact information for the responsible local person, owner, and authorized representative;
(2) Contact information for the City of Port Clinton Police Department and Fire Department;
(3) Location of all means of egress from the short-term rental;
(4) Instructions on where to go in case of an emergency/natural disaster;
(5) Location of functional Fire Extinguisher;
(6) Information on maximum occupancy requirements;
(7) Applicable noise and use restrictions;
(8) Location of parking and applicable restrictions;
(9) Directions that trash shall not be stored within public view, except within the proper containers for the purpose of collection, the trash collection schedule, and hours when trash containers shall be placed/removed from the curb for collection;
(10) The renter's responsibility not to trespass on private property or to create disturbances; and
(11) Notification that the renter is responsible for complying with this chapter and that the renter may be cited or fined by the City for violating any provisions of this chapter.
(t) "Signage" Outdoor advertising signs, advertising the short-term rental for rent, shall not be allowed on the site. Signs identifying the short-term rental to guests are permitted so long as there is no advertising language on the signs.
(u) "Smoke Detectors, Carbon Monoxide Detectors, Fire Extinguishers" Every smoke and carbon monoxide detector must function properly with the alarm sounding after pushing the test button. Smoke detectors shall be installed inside bedrooms, in the immediate vicinity of bedrooms, and on each story. Carbon monoxide detectors (if applicable to the unit) shall be within fifteen (15) feet of all bedrooms. All short-term rentals shall have the appropriate number of functional fire extinguishers for their unit.
(v) "Transient Guest" A person or persons who enters into a contractual arrangement with the operator of a short-term rental whereby the person or persons pays rent to the operator, or to a person designated by the operator to receive rent, in exchange for occupancy of the short-term rental.
(w) "Transient Occupancy Tax" Defined in Chapter 171 of the City of Port Clinton Codified Ordinances for Transient Occupancy Tax Regulations.
(Ord. 24-23. Passed 12-12-23.)