Short Term Rental Ordinance 2022-01

Section I: Purpose

The purpose of this ordinance is to ensure that the quality and nature of the short-term rentals operating within the Town of Brooklyn are adequate for protecting public health, safety and general welfare.  

Section II: Definitions

Residential dwelling means any building, structure, part of a building or structure, camper, or campsite that is used or intended to be used as a home, residence, or sleeping place by one or more persons maintaining a common household, to the exclusion of all others.

Short term rental means a residential dwelling that is offered for rent for a fee and for fewer than 29 consecutive days.

Property owner means the owner of the residential dwelling that is being rented.

Property manager/resident agent means any person who is not the property owner and who provides property management services for one or more short term rentals and who is authorized to act as the agent of the property owner for the receipt of service of notice of municipal ordinance violations and for service of process pursuant to this ordinance.

Section III: Operation of Short Term Rentals

A.  No person may maintain, manage or operate a short term rental more than 14 nights each year without a short term rental license issued pursuant to this ordinance.  Each short term rental is required to have the following licenses and permits: 

1. A State of Wisconsin Tourist Rooming House license

2. A Wisconsin Department of Revenue seller’s permit.

3. A Town of Brooklyn short term rental license issued pursuant to the provisions of this ordinance.

B. Licenses shall be issued using the following procedures:

1. All applications for a short term rental license shall be filed with the town clerk on forms provided.  Applications must be filed by the property owner per rental address.

2. The town clerk shall issue a short term rental license to all applicants following receipt of all information and documentation requested by the application,  payment of the required fee, and town board approval of the application.

3. A short term rental license shall be effective for one year and may be renewed for additional one year periods.  A renewal application and renewal fee must be filed with the town clerk at least 45 days prior to license expiration.  The renewal application shall include any updated information since the original application approval.  All existing licenses become void any time the ownership of a residential dwelling licensed for short term rentals changes.

4. The town board may suspend, revoke, or non-renew a short term rental license following any of the following circumstances: a) if the licensee has been convicted or whose property manager or renters have been convicted of engaging in illegal activity while on the short term rental premises. b) if the licensee failed to comply with any of the requirements of this ordinance. c) if the licensee has outstanding fees, taxes, or forfeitures owed to the town or county. d) the board or local law enforcement receives 3 or more formal complaints for violation of this ordinance or other law violations. 

Section IV: License Revocation, Denial and Appeal

The licensee may appeal the denial of any license application, renewal or revocation by filing a written appeal request with the clerk within ten days of the town’s notice of denial.  The appeal shall be heard by the town board.  The town board shall consider the appeal and recommendations and may approve or deny the request.

Section V: Fees

Initial Short Term Rental Application Fee is $50.00

Renewal Application Fee is $50.00

Anyone operating a short term rental without a license shall forfeit not less than $100.00.