This article is adopted to promote the public health, safety and general welfare within the city. Having current and reliable information about owners of short-term rentals will allow the city to provide these owners with timely information on the ordinances regulating this use and to protect the health and safety of guests of short-term rentals and to aid in the enforcement of applicable ordinances and laws.
(Ordinance 2023-11 adopted 1/17/2023)
As used in this article, the following terms, phrases, words, and their derivation shall have the following meaning:
City.
The City of Horseshoe Bay, Texas, and all areas within its corporate limits.
City council.
The city council of the City of Horseshoe Bay, Texas.
Director or designee.
The development services director or such other person designated by the city manager to administer and/or enforce the provisions of this article and any person or persons designated by such a department to represent the department for said purpose.
Guest.
A person contracting with a short-term rental for use of a residential dwelling or premises as a short-term rental and the person's invitees at the short-term rental.
Owner.
Any person having a legal or equitable interest in real property or identified in the official records of the county as holding title to real property or otherwise having a control of real property, including the guardian of the estate of such person and the executor of the estate of such person. The term "owner" does not include the holder of a non-possessory security interest in real property.
Person.
One or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, fiduciaries and any other organization or entity of whatever character.
Premises.
A lot, plot, unit, or parcel of land including any structures or portions of structures located thereon, including single-family dwellings, condominium units, or multifamily dwellings.
Short-term rental (STR).
A premises that is: (1) used or designated to be used as the home of a person, family, or household, including but not limited to single-family dwelling, garage apartment, villa, cabin, casita, guesthouse, or a townhouse, apartment, condominium, or timeshare unit; and (2) rented wholly or partly for a fee for a period of less than 30 consecutive days. The term short-term rental does not include a premises used for health care.
Short-term rental listing service.
A person or entity that participates in the short-term rental business by facilitating booking services through which an owner may offer short-term rentals to potential guests. Short-term rental listing services usually, though not necessarily, provide booking services through an on-line platform that allows an owner to advertise the premises through a website provided by the short-term rental listing service and the short-term listing service conducts a transaction by which potential guests arrange their use and payment, whether the potential guest pays rent directly to the owner or to the short-term rental listing service.
Short-term rental permit.
A permit issued by the city that identifies the subject property as a lawful short-term rental.
(Ordinance 2023-11 adopted 1/17/2023)
No short-term rental shall operate within the city without a current, valid short-term rental permit. Each premises, regardless of ownership, shall require a separate, individual permit for each premises intended to be used as a short-term rental. A person(s) commits an offense under this article if that person owns or operates a short-term rental in the city without a valid permit. A short-term rental is not considered a home occupation as defined by the City's Code Ordinances.
(Ordinance 2023-11 adopted 1/17/2023)
(a) 
Application for a short-term rental permit shall be made through the city's online permit portal. Each application for a short-term rental permit shall be accompanied by a non-refundable application fee in the amount designated in section A4.01(e) of the city's appendix A, fee schedule. Each application shall include the following information:
(1) 
A list of all owners of the property, operators and agents (if applicable) of the short-term rental including names, current mailing address, current e-mail address, and current telephone number for each owner. Each premises owned by a business entity shall include information for the responsible party.
(2) 
The name, address and 24-hour telephone number of a local contact who is the owner, operator or designated agent and who shall be responsible and authorized to respond to complaints concerning the short-term rental within one (1) hour or less.
(3) 
An acknowledgement that any permit granted under this article does not supersede any property-specific restrictions against short-term rentals under law, agreement, lease, covenant or deed restriction.
(4) 
A depiction of the floor plan that identifies sleeping areas, proposed number of guests, evacuation routes, and location of all fire extinguishers and smoke detectors.
(5) 
The guest safety information required by section 4.08.007 below.
(6) 
A sworn statement the owner has met and will continue to comply with all requirements of this article including but not limited to obtaining annual independent inspections of required fire extinguishers in compliance with the city's current fire code.
(7) 
The application fee.
(8) 
All other information required by the development services director.
(b) 
Applications shall be considered complete when all required documentation has been submitted and all fees have been paid. Incomplete applications will not be accepted.
(c) 
Unless revoked by the development services director pursuant to this article, a short-term rental permit automatically expires one (1) year after the date of issuance. A permit holder shall apply for renewal prior to the expiration of the permit on a form provided by the director or designee. The permit holder shall update the information contained in the original permit application required under this article or any subsequent renewals under this article, if any of the information has changed. If no change in the permit application information, the permit holder shall sign a statement affirming that there is either no change in the information contained on the original permit application and any subsequent renewal applications. Complete applications for renewal received after the expiration of a current permit shall be treated as applications for new permit. The amount of the non-refundable fee for renewal of a short-term rental permit is in the amount designated in section A4.01(e) of the city's code, appendix A, fee schedule.
(d) 
Upon receipt of a complete application for renewal of a short-term rental permit, the director or designee may deny the renewal of a short-term rental permit if it is determined that the permit was issued in error or on the basis of incorrect information supplied by the applicant or if:
(1) 
The permit holder has pleaded no contest to or been convicted of a violation of any ordinance of the city, or any state or federal law, related to operation of a short-term rental on the premises or has permitted such a violation on the premises by any other person. Such violation may include, but is not limited to, parking, noise, littering, destruction of property, disorderly conduct; or
(2) 
There are grounds for suspension, revocation or other registration sanctions as provided for in this article.
(e) 
A permit to operate a short-term rental is not transferable to another owner, operator, or location.
(Ordinance 2023-11 adopted 1/17/2023)
To ensure compliance with the requirements of this article, a short-term rental may be inspected by the city in the following methods:
(1) 
Initial inspection.
As a part of the issuance of a short-term rental permit and any renewals thereof, the city may conduct an inspection to verify compliance with this article.
(2) 
Fire extinguishers and smoke alarms.
The owner is responsible for obtaining annual inspections of the fire extinguishers and installing smoke alarms. The city reserves the right to inspect for these items.
(3) 
Inspections upon report or receipt of a suspicion of a violation.
The city may perform inspections when violations of this article are reported or suspected.
(Ordinance 2023-11 adopted 1/17/2023)
(a) 
This article does not create any right to own or operate a short-term rental in violation of any lease, license, deed restriction or other legal encumbrances.
(b) 
Short-term rentals permitted within the city are subject to the following standard requirements:
(1) 
Owner and operator information.
The owner shall provide current information with the names, address, phone number and e-mail address for all owners and operators of the short-term rental. The owner shall notify the city in writing within 10 days if any of this information changes.
(2) 
Twenty-four (24) hour contact.
The owner, operator or their designee shall be responsible for, and authorized to, respond to complaints received by the city concerning the short-term rental within one (1) hour or less and provide their contact information to the city at the time of the permit application.
(3) 
Parking.
All parking shall be on the premises. Parking shall comply with all city parking and zoning regulations. No parking shall be on the street, right-of-way, easements or yards. All parking areas must be paved.
(4) 
Noise and lighting.
No noise shall create a nuisance and no lighting shall be in violation of the city's lighting ordinance.
(5) 
Trash.
The premises shall remain clean and free of trash. All ordinances related to trash pick up and storage of garbage cans shall apply.
(6) 
It shall be unlawful to:
(A) 
Advertise or operate a short-term rental without first obtaining a short-term rental permit.
(B) 
To operate a short-term rental in a manner that does not comply with applicable city, county, and/or state laws.
(C) 
To operate a short-term rental with an active alarm system that has not been registered with the city's police department.
(D) 
To rent to a guest that is under twenty-one (21) years of age.
(E) 
To advertise the short-term rental on any platform or any type of advertising which states the occupancy as more than 2 adults (over 18 years of age) per bedroom plus two (2) adults (over 18 years of age).
(F) 
To post or allow external signage on or off the premises that indicates the premises is a short-term rental.
(G) 
To permit the use of short-term rentals for activities that are illegal, or sexual in nature.
(H) 
To use recreational vehicles (RVs), tents, hammocks and other similar type sleeping areas as short-term rentals.
(Ordinance 2023-11 adopted 1/17/2023)
Each owner shall provide every guest with information, or post in a visible location within the short-term rental, the following information:
(1) 
The owner, operator or designated agent's name and their twenty-four (24) hour phone number.
(2) 
Pertinent information including parking restrictions, trash collection, city recycle center, non-emergency telephone number for police, fire and medical services, utility services, and instructions for obtaining severe weather alerts and updates.
(3) 
Floor plan showing evacuation routes and secondary evacuation routes other than the front door.
(4) 
Each short-term rental shall provide working smoke detectors in accordance with adopted rules and at least one (1) working type A fire extinguisher. Fire extinguishers are required to be inspected annually.
(Ordinance 2023-11 adopted 1/17/2023)
The development services director shall implement and enforce this article and may by written order establish such procedures, not inconsistent with this article or other city ordinances, rules or regulations or any county, state or federal regulations, as the director determines are necessary to discharge duties under this article.
(1) 
Revocation of permit.
The director is entitled to revoke a short-term rental permit by this article for repeated violations of this article or any other city ordinance, rule, or interference with law enforcement officers in the performance of their duties. After three (3) verified violations, in one permit year, the permit is subject to being revoked. Prior to revocation, the director or designee shall notify the permit holder, in writing, of the reason for which the permit is subject to revocation. If a short-term rental permit is revoked the owner and/or operator is prohibited from owning or operating a short-term rental in the city for a period of twelve (12) months.
(2) 
Appeals.
An administrative decision issued in connection with these requirements, including denial, or renewal or revocation of a short-term rental permit is final unless the permit holder submits a written request of an appeal to the city manager. The appeal shall be filed in writing within ten (10) business days of the date of the administrative decision. The city manager shall hear and rule on the appeal within thirty (30) calendar days after the appeal to the city manager. The city manager or designee shall have the authority to reverse the decision or uphold the decision of the director. The decision by the city manager is final.
(3) 
Penalty.
Any person, firm, corporation, or business entity violating this article shall be deemed guilty of a misdemeanor and shall be fined in the amount of two hundred dollars ($200.00) per day for the first violation, four hundred dollars ($400.00) per day for the second violation and six hundred and fifty ($650.00) per day for the third violation of any provision of this article or failure to take action to correct the violations. Each calendar day any violation of this article continues shall constitute a separate offense. The city reserves all legal rights and remedies available to it pursuant to local, state, and federal law. The permit is subject to revocation with the 3rd violation in any one permit year.
(Ordinance 2023-11 adopted 1/17/2023)