In this article:
Any person under 17 years of age.
Any person who has a property interest in the short-term
rental or the premises.
A property, lot, or tract of land, including but not limited
to any structure, building, walkway, pool, yard, patio, or deck situated
thereon, being used as a short-term rental, excluding any property,
lot, or tract of land that is zoned for use as a hotel or motel, as
defined by the GDC.
Any of the conduct described in section 26.64 below.
A land use located within a residential zoning district or
within 200 feet of a residential zoning district, which has been (1)
advertised as available for rent, lease, license, or use for a period
of less than 32 calendar days; or (2) rented, leased, or licensed
to a person other than an Owner, for a period of less than 32 calendar
days.
(Ordinance 7403 adopted 2/21/2023)
No person shall rent, lease, use, or license a single-family premises, or portion thereof, for a short-term rental without first obtaining a single-family permit issued under the provisions of section 32.09 of this Code.
(Ordinance 7403 adopted 2/21/2023)
A premises being used as a short-term rental shall have a functioning
telephone and an operational landline having the telephone number
that the Owner provided to the City Police Department. The number
of the landline shall be posted in a conspicuous place on or near
the front door of the premises at all times while the premises are
being used as a short-term rental.
(Ordinance 7403 adopted 2/21/2023)
(A)
An Owner shall provide each owner of immediately adjoining properties, including properties located across alleys and streets, with written notice on an annual basis that the premises will be used as a short-term rental. The notice shall contain the full names and current telephone numbers of all Owners and property managers, which are to be monitored by the respective owner or manager 24 hours per day during the term of a rental, lease, or license. Notice shall be deemed to have been given if mailed to each property owner by certified or registered mail on the third business day after the date on which it is mailed. An Owner shall attach the certified mail return receipts, or USPS tracking information, as proof of proper notice to neighbors to the registration form required in section 32.09, "single-family permits" of this Code.
(B)
The owner of a premises being used as a short-term rental must place
a notice in a conspicuous place, within 5 feet of the front door or
main entrance, on a placard that states the premises is registered
as a short-term rental. The notice must be legible and in 18-point
font and contain:
(Ordinance 7403 adopted 2/21/2023)
(A)
The following conduct is prohibited conduct by an Owner, manager,
operator, host, resident, guest, patron, invitee, or client of the
short-term rental while on the premises:
(1)
A violation of chapter 26, section 26.09, "sound amplification on vehicles," of this Code of Ordinances on or within 50 feet of a property line of the premises where the violating vehicle is owned, controlled, or operated by a resident, patron, guest, sponsor, invitee, client, or owner of the short-term rental;
(4)
A violation of chapter 32, article II, "property maintenance and nuisance abatement," of this Code of Ordinance;
(5)
A violation of chapter 33, article IV, "stopping, standing, and parking," on or within 50 feet of the property lines of the premises where the violating vehicle is owned, controlled, or operated by a resident, guest, patron, invitee, or client of the short-term rental;
(6)
Any violation of sections 106.05 (possession of alcohol by minor)
or 106.06 (furnishing alcohol to minor) of the Texas Alcoholic Beverage
Code;
(7)
Any violation of state or federal law that is classified as
a class B misdemeanor or higher; or
(B)
In the event a guest, patron, invitee, or client of the short-term
rental engages in conduct which the resident, person in charge of
the premises, or the organizer or sponsor could not reasonably foresee
and the conduct is an isolated instance of an invited guest of the
premises violating the law which the resident, person in charge of
the premises, or the organizer or sponsor is unable to reasonably
control without the intervention of a peace officer and the resident,
person in charge of the premises, or organizer or sponsor is the person
who calls the police, the unlawful conduct of the guest, patron, invitee,
or client shall not be attributable to the Owner, resident, person
in charge of the premises, or the organizer or sponsor for the purpose
of determining whether the event constitutes prohibited conduct that
may negatively impact the short-term rental's permit.
(C)
There shall be a presumption that the same type of prohibited conducted
occurring on the premises by any guest, patron, invitee, or clients
of the short-term rental more than three times within a 6-month period
is reasonably foreseeable and is not an isolated occurrence.
(Ordinance 7403 adopted 2/21/2023)
Premises being used as short-term rentals shall be treated as an "establishment" under section 26.10, "curfew hours for minors," of this Code of Ordinances. Minors present on the premises during the term of a short-term rental shall be subject to the curfew provisions of section 26.10 of the Code of Ordinances, and except as otherwise provided therein must be accompanied by a "parent" during "curfew hours."
(Ordinance 7403 adopted 2/21/2023)
(A)
An Owner commits an offense if he allows, suffers, or operates a
short-term rental without a valid single-family permit for the premises
on which the short-term rental use occurs.
(B)
An Owner commits an offense if he allows, suffers, or operates a short-term rental and fails to provide the City with accurate and up-to-date registration information required by section 32.09 in a timely manner.
(C)
A Responsible Party commits an offense if he violates, allows, or
suffers a violation of any provision of this article by a manager,
host, resident, guest, patron, invitee, or client of a short-term
rental.
(D)
A person commits an offense if he is a guest, invitee, patron, or manager, host, or client of a short-term rental and commits, participates in, allows, or suffers any prohibited conduct on the premises of a short-term rental, or in the case of a violation of chapter 33, article IV, "stopping, standing, and parking," or chapter 26, section 26.09, "sound amplification on vehicles," on or within 500 feet of the property lines of the premises.
(Ordinance 7403 adopted 2/21/2023)
