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Short-Term Rentals Article LXI § 280-436. Purpose. The purpose of this chapter is to regulate the short-term rental of dwelling units within the Town of Hamburg, NY, and to establish comprehensive registration and licensing regulations to safeguard the public health, safety and welfare by regulating and controlling the use, occupancy, oversight and maintenance of short-term rental properties. § 280-437. Definitions. As used in this Chapter, the following terms shall have the meanings indicated: HOST — Party responsible for renting a property. GUEST — A person staying in the rental property. OWNER — A person who is the titled owner of a piece of real property or the owner of a mobile home located within a mobile home park in the Town of Hamburg. PERMIT — Numbered document issued to a host by the Code Enforcement Department upon submission and approval, which is subject to a non-refundable fee. PERSON — Any individual, group, organization, corporation, company, entity, charitable organization, partnership or similar association. PRIMARY RESIDENCE — The sole residence of the host in which the host resides for more than 6 months of the calendar year. PROPERTY — Any real property or mobile home situated on real property, whether as a rental unit or not, located within the boundary of the Town of Hamburg. RESIDENT — Individual(s) living in the Town of Hamburg for more than six months and a day out of a twelve-month period calculated from the first day of the calendar year. SHORT-TERM RENTAL — A dwelling unit that is rented, in whole or in part, to any person or entity for a period of less than 30 consecutive days and is not otherwise regulated by another section of the Code of the Town of Hamburg. § 280-438. Existing Short-Term Rental Establishments. A. All properties that lawfully operate as short-term rentals (as defined herein) as of the date of enactment of this Article XVI shall continue to be considered a permitted use under the Town of Hamburg Zoning Code and shall be required to comply with all sections of this article. In the event of an existing short-term rental operation as of the date of enactment of this Article XVI, the owner and/or operator of the rental facility shall be required to apply for a permit within 60 calendar days of the effective date of this chapter. Failure to timely apply and obtain such a permit or any subsequent transfer of title to the property shall result in the termination of the permitted use. § 280-439. Presumption of property as a short-term rental unit. A. The presence of the following shall create a presumption that all or a part of a property is being used as a short-term rental unit or for short-term rental purposes: 135