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League of Arizona Cities and Towns
Short-Term Rental Ordinance Working Group
Sample Short-Term Rental Ordinances
(pursuant to A.R.S. §9-500.39, as amended by S.B. 1168)
August 2022
Revised September 2022
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ORDINANCE NO. __________
AN ORDINANCE OF THE COMMON COUNCIL OF THE [CITY / TOWN] OF
_________________, ARIZONA, AMENDING THE CODE OF___________,
ARIZONA BY [ADOPTING / AMENDING] ARTICLE _____ RELATING TO
REGULATING SHORT TERM RENTALS AND VACATION RENTALS;
INCORPORATING THE RECITALS BY REFERENCE; ESTABLISHING A
PURPOSE; SETTING FORTH DEFINITIONS; REQUIRING [REGISTRATION/
A PERMIT] TO OPERATE A SHORT TERM RENTAL OR VACATION
RENTAL
WITHIN
[CITY/TOWN]
BOUNDARIES;
ESTABLISHING
REGULATIONS;
ADOPTING
NOTIFICATION
AND
DISCLOSURE
REQUIREMENTS; ADOPTING INSURANCE REQUIREMENTS; ADOPTING
APPLICATION FEES; ESTABLISHING FINES AND PENALTIES FOR
VIOLATIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR THE
REPEAL
OF
CONFLICTING
ORDINANCES;
PROVIDING
FOR
SEVERABILITY;
ESTABLISHING
AN
EFFECTIVE
DATE;
AND
__________________________.
WHEREAS local governments may regulate short term rentals and vacation rentals
(“vacation rentals”) except as limited by Arizona Revised Statutes (“A.R.S.”) § 9-500.39;
WHEREAS the [City/Town] deems it necessary to adopt certain regulations regarding the
use of property as a vacation rental to protect the health, safety, and welfare of the [City/Town]
residents;
WHEREAS a central and significant goal for the [City/Town] is to protect the health,
safety, and welfare of the [City/Town] residents, preserve its housing stock, and maintain the
quality and character of residential neighborhoods;
WHEREAS the [City/Town] will require all vacation rentals to [register / obtain and
maintain a valid City/Town permit / license], pay [registration /permitting] fees, provide an
emergency point of contact to respond to compliance and emergencies in a timely manner,
maintain insurance, provide neighbor notification, and disclose certain information about the
vacation rental in each advertisement;
WHEREAS the [City/Town] will require all short-term rentals to obtain and maintain a
valid transaction privilege tax (“TPT”) license number, provide proof of the TPT license to the
[City/Town], and require disclosure of the TPT number on each advertisement;
WHEREAS the [City/Town] retains the right to change its fees after review and approval
from [City/Town] Council;
WHEREAS the [City/Town] deems it necessary to establish penalties and fines that apply
to vacation rentals; and
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NOW THEREFORE, BE IT ORDAINED by the Common Council of the [City/Town] of
__________, Arizona, as follows:
Section I. General.
The Code of ___________, Arizona, is hereby amended by [amending/adding Article X-
X, Short-term Rentals and Vacation Rentals], to read as follows:
Sample ordinance 1: Permit or license required.
or
Sample ordinance 2: Registration required only.
Section II.
Penalties.
[Penalties cannot be adopted “by reference” only; they must be set forth in full in the
adopting ordinance. A.R.S. 9-803]
Section III. Providing for Repeal of Conflicting Ordinances.
All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance or any part of the Code adopted herein by reference, are hereby repealed.
Section IV. Recitals.
The recitals above are fully incorporated in this Ordinance by reference.
Section V.
Effective Date.
The effective date of this Ordinance shall be ___ days following adoption by the
[City/Town] Council.
Section VI. Preservation of Rights and Duties.
This Ordinance does not affect the rights and duties that matured, penalties that
were incurred, or proceedings that were begun before the effective date of this Ordinance.
Section VII. Providing for Severability.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance or
any part of the Code adopted herein by reference, is for any reason held to be invalid or
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unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions thereof.
PASSED AND ADOPTED by the [City/Town] Council of _______________ this ____
day of ______________, 202_.
ATTEST:
CITY/TOWN OF _______________, an
Arizona municipal corporation
________________________
__________________________
“________________________”
“__________________________”
City/Town Clerk
Mayor
APPROVED AS TO FORM:
________________________________
“________________________”
City/Town Attorney
I, ___________________, [CITY/TOWN] CLERK, DO HEREBY CERTIFY THAT A TRUE
AND CORRECT COPY OF THE ORDINANCE NO. _______ ADOPTED BY THE
[CITY/TOWN] OF ___________________ ON THE ____ DAY OF _____________, 202_,
WAS POSTED IN THREE PLACES ON THE _____ DAY OF ______________, 202_.
________________
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Sample Ordinance 1: Permit or License Requirement
Optional language/sections in grey highlight
ARTICLE X-X. SHORT-TERM RENTALS AND VACATION RENTALS
Sec. X-X-1
Purpose.
Sec. X-X-2
Definitions.
Sec. X-X-3
Permit Required; Penalties.1
Sec. X-X-4
Emergency Point of Contact Requirements; Penalties.
Sec. X-X-5
Compliance with the Law; Prohibited Uses.
Sec. X-X-6
Neighbor Notification Required. (Optional)
Sec. X-X-7
Advertisement Requirements. (Optional)
Sec. X-X-8
Posting on the Property Required. (Optional)
Sec. X-X-9
Insurance Required. (Optional)
Sec. X-X-10 Background Checks Required. (Optional)
Sec. X-X-11 Permit Suspensions.
Sec. X-X-12 Enhanced Penalties.
Sec. X-X-13 Appeals.
Sec. X-X-14 Judicial Relief.
Sec. X-X-15 Severability.
Sec. X-X-1
Purpose.
This Article is adopted to protect the health, safety, and welfare of the community of the
[City/Town] by enacting reasonable regulations for short-term rentals and vacation rentals.
These regulations are in addition to other codes of the [City/Town].
Sec. X-X-2
Definitions. [go to top]
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In this Article, unless the context or definitions in A.R.S. § 9-500.39 indicate otherwise, the
following terms or phrases are defined as follows:
“Online Lodging Marketplace” has the same meaning prescribed in A.R.S. § 42-5076.
“Short-term rental” and "vacation rental" are interchangeable for purposes of this Article
and mean any individually or collectively owned single-family or one-to-four-family house
or dwelling unit, or any unit or group of units in a condominium or cooperative, that is also
a transient public lodging establishment or owner-occupied residential home offered for
transient use. “Vacation rental” does not include:
(i) accommodations [or property] that is classified for property taxation under
A.R.S. § 42-12001; or
(ii) any unit that is used for any nonresidential use, including a special event that
would otherwise require a permit, retail, restaurant, banquet space, or other similar
use.
“Transaction privilege tax license” is the license issued by the State of Arizona pursuant
to A.R.S., Title 42.
"Transient" has the same meaning prescribed in A.R.S. § 42-5070.
Optional definitions (not specifically defined in A.R.S. § 9-500.39) [go to top]
“Advertisement” means any method of soliciting the use of property for vacation rental
purposes.
“Applicant” means the owner or owner’s designee who applies with the [City/Town] for a
permit or renewal of a permit].
“Days” shall mean calendar days unless stated otherwise.
“Designee” and “Agent” are interchangeable for purposes of this Article and mean any
person or persons with the charge, care, or control of any property, dwelling unit, or portion
thereof. “Designee” includes the “emergency point of contact.”
“Emergency point of contact” means the owner or individual designated by the owner to:
(i) serve as the local twenty-four (24) hour emergency point of contact for the vacation
rental; and (ii) respond to complaints and emergencies relating to the vacation rental in a
timely manner as required by this Article.
“Neighbor notification” means the written notice provided by the owner to each single-
family residential property adjacent to the vacation rental property, directly across from the
vacation rental property, and diagonally across the street of the vacation rental property
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that includes the valid permit number issued by the [City/Town], the physical address of
the vacation rental, and the name, address, and twenty-four (24) hour telephone number of
the emergency point of contact.
“Nonresidential use” means any use that is not permitted in a residential zoning district
pursuant to a [City/Town] zoning ordinance. [Nonresidential use includes
_____________].
“Owner” means any person who, alone or with others, has title or interest in a property,
dwelling unit, or portion thereof, with or without accompanying actual possession
thereof, and includes any person who as agent, executor, administrator, trustee, or
guardian has charge, care, or control of any property, dwelling unit, or portion thereof.
“Permit” means authorization by the [City/Town] to operate a vacation rental in
accordance with this Article.
“Person” means an individual, public entity, firm, corporation, partnership, limited
liability company, trust, association, or any other business entity or juridical person,
whether operating on a for-profit or nonprofit basis.
“Timely manner” means responding to complaints and emergencies in person, by phone,
or by email within [the timeframe required by public safety personnel / ____ hours from
the request by public safety personnel].
Sec. X-X-3
Permit Required; Penalties. [go to top]
(A) Permit required. Prior to use of a property as a vacation rental, the owner of shall obtain a
[one-time / annual / bi-annual] vacation rental permit from the [City/Town]. Renting, or offering
for rent, a vacation rental without complying with the permit requirement in this Section X-X-3
is prohibited.
(B) Permit applications. The owner of a proposed vacation rental shall submit to the
[City/Town] a permit application on a form furnished by the [City/Town]. The permit
application shall be signed by the applicant and shall contain the following minimum
information, which shall be made publicly available:
(1) The physical address of the residential property proposed to be used as a vacation
rental.
(2) The name, address, and telephone number of the owner for which the vacation
rental registration certificate is to be issued. If the property owner is an entity, the legal
name of the entity and its statutory agent.
(3) The name, address, and telephone number of each designee of the owner, if any.
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(4) The full name, address, and twenty-four (24) hour telephone number of the
individual who will serve as the emergency point of contact.
(5) Proof of a valid transaction privilege tax license.
(6) Acknowledgment by the owner of an agreement to comply with all applicable laws,
regulations, and ordinances, including the requirement that the owner and each
designee shall not be a registered sex offender, been convicted of any felony act that
resulted in death or serious physical injury, or been convicted of any felony use of a
deadly weapon within the past five years.
(C) Permit fee. Every application, including any renewal application, for a vacation rental
permit under this Article shall be accompanied by a [non-refundable / refundable] fee established
by City/Town Council resolution.
(D) Issuance; reasons for denial. The [City/Town] [shall issue or deny the permit within seven
(7) business days after receipt of a complete application, except that the City/Town] may deny
issuance of a permit for any of the following reasons:
(1) The applicant failed to provide the information required under subsection B;
(2) The applicant failed to pay the permit fee required under subsection C;
(3) The applicant provided false information;
(4) The owner or designee of the owner: (i) is a registered sex offender; (ii) has been
convicted of any felony act that resulted in death or serious physical injury; or (iii) has been
convicted of any felony use of a deadly weapon within five (5) years of submitting the
application; or
(5) At the time of application, the owner has a suspended permit for the same vacation
rental.
(E) Notice of denial; appeal. The [Town/City] manager or designee shall give notice of the denial
of an application to the applicant by [mailing / emailing] the notice to applicant at the address
listed on the application. The notice of the denial shall inform the applicant of the right to appeal
the denial as provided for in Sec. X-X-13.
(F) Maintaining Accurate Information; Violations. All applicants and persons holding permits
issued pursuant to this Article shall give [prior] written notice to the [Town/City] Manager or
designee of any [material] change in information submitted in connection with an application for
a permit or renewal of a permit. The notice shall be provided to the [Town/City] Manager not less
than [ten (10) days prior to the effective date of the change]. [Any information required for an
application under this Section X-X-3 is deemed to be material for purposes of this Section X-X-
3.] A violation of this subsection is a civil offense.
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(G) Term of Permit; Renewal application. All permits issued under this Article shall be valid
[for a period of one (1) year from the date of their issuance / until suspended or revoked].
Except where the [City/Town] has received a new application along with the requisite fees, it
shall be unlawful for any person to operate a vacation rental after the expiration date recorded
upon the face of the vacation rental permit.
(H) Operating Without a Permit; Penalties. A vacation rental that fails to apply for a permit
or license within thirty (30) days of the permit application being made available by the
[City/Town] shall immediately cease operations. In addition to any other penalty pursuant to
the [City/Town] Code, the [City/Town] may impose a civil penalty of up to $1,000 per month
against the owner if the owner or owner’s designee fails to apply for permit within 30 days of
receiving the written notice of violation from the [City/Town]. Representations or
advertisements including online listings that reference the property, house or dwelling unit
location within the [City/Town] is prima facie evidence that a vacation rental is operating in
the [City/Town].
(I) Non-transferable. No permit shall be transferable either as to location or as to person.
(J) Implementation. The [City/Town] Manager or designee shall develop the necessary forms
and/or database necessary to implement this Section X-X-3.
Sec. X-X-4
Emergency Point of Contact Requirements; Penalties. [go to top]
(A) Emergency Responses; Violations. When requested by a police officer, the owner or
emergency point of contact whose name appears on the permit application must be on the
vacation rental premises, or be available over the phone or text, within [sixty (60) minutes] of the
request.
(B) Non-emergency Responses; Violations. The owner or emergency point of contact shall
respond to all other complaints relating to the vacation rental in person, over the phone, by e-
mail, or by text within [twenty-four (24) hours of the request / in a timely manner].
(C) Maintaining Accurate Emergency Information. All applicants and persons holding permits
issued pursuant to this Article shall give prior written notice to the [Town/City] Manager or
designee of any change to the contact information provided to the [City/Town] for the emergency
point of contact. The notice shall be provided to the [Town/City] Manager not less than ten (10)
days prior to the effective date of the change.
(D) Violations. In addition to any other penalty pursuant to the [City/Town] Code, a violation of
this Section shall be a civil offense.
(E) Penalties. In addition to any other penalty pursuant to the [City/Town] Code, an owner shall
be subject to civil penalties of up to $1,000 for every thirty (30) days the owner fails to provide
notice to the [City/Town] as required under this subsection. Before imposing the initial civil
penalty, the [City/Town] shall provide thirty (30) days' notice to the owner by [emailing /mailing]
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a notice of violation to the owner’s [email address / mailing address] that was provided to the
[City/Town]. The notice of the violation shall inform the applicant of the right to appeal the denial
as provided for in Sec. X-X-13. Notwithstanding the date of the notice of violation, the date for
calculating the penalties shall be the first day the vacation rental is occupied following the owner’s
failure to provide the notice to the [City/Town] regarding the change.
Sec. X-X-5
Compliance with the Law; Prohibited Uses. [go to top]
(A) A vacation rental shall comply with the federal, state, and local laws [, including laws
relating to public health and safety, sanitation, solid waste, hazardous waste, tax privilege
licensing, property tax registration, traffic control, pollution control, noise, property
maintenance, and nuisance abatement].
(B) No person or entity shall operate a vacation rental in violation of this Article or other law. In
addition, the use of a vacation rental property for any of the following uses or purposes is strictly
prohibited:
(1) Any nonresidential use;
(2) Holding a special event that requires a permit or license pursuant to a city or town
ordinance or state law or rule;
(3) Operating a retail business, restaurant, event center, banquet hall or similar use;
(4) Housing sex offenders;
(5) Operating or maintaining a sober living home;
(6) Selling liquor, illegal drugs, or pornography;
(7) Operating a nude or topless dancing;
(8) Obscenity;
(9) Adult-oriented business; or
(10) Any other use prohibited by A.R.S. § 9-500.39 or the [City/Town] code.
(C) A vacation rental lacking a valid transaction privilege tax license issued by the State of
Arizona shall not be rented or offered for rent.
(D) No person or entity may receive payment or accept a fee, directly or indirectly, for
facilitating the rental of a vacation rental operating in violation of this Code or other law.
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(E) In addition to any other penalty pursuant to the [City/Town] Code, any person who causes,
allows, facilitates, aides, or abets any violation of this Article shall be subject to a civil offense.
(F) The failure of any designee to comply with this Article shall not relieve the owner of liability
under this Article.
Sec. X-X-6
Neighbor Notification Required. [go to top]
(A) Neighbor notification. Prior to offering a vacation rental for rent for the first time, the owner
or designee shall provide neighbor notification to each single-family residential property
adjacent to the vacation rental property, directly across from the vacation rental property, and
diagonally across the street of the vacation rental property. The neighbor notification shall be
provided in writing in the form required by the [City/Town] and shall include the following
minimum information:
(1) The permit number issued by the [City/Town];
(2) The physical address of the vacation rental; and
(3) The name, physical address, email address, and twenty-four (24) hour telephone
number of the emergency point of contact.
(B) Additional neighbor notification required. Any change to the information provided under
Subsection A shall require additional neighbor notification by the owner or designee not later
than five (5) days prior to each change. The additional notification shall be provided in the
manner required by Section A.
(C) Attestation. [At the time of the application / Prior to offering a vacation rental for rent for the
first time / Within ___ days of a request by the City/Town,] the owner or designee shall provide
to the [City/Town] an attestation of compliance with the neighbor notification required by this
Section X-X-6.
(D) Violations. In addition to any other penalty pursuant to the [City/Town] Code, a violation of
this Section X-X-6 shall be a civil offense.
Sec. X-X-7
Advertisement Requirements. [go to top]
(A) Required Disclosure. To protect the peace, health, safety, and general welfare of the
[City’s/Town’s] residents and visitors, the owner or owner’s designee shall be responsible for
displaying the permit number issued by the [Town/City] on each advertisement for such vacation
rental.
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(B) Violations. In addition to any other penalty pursuant to the [City/Town] Code, a violation of
this Section shall be a civil offense. Each advertisement in violation of this Section X-X-7 shall
constitute a separate violation.
Sec. X-X-8
Posting on the Property Required. [go to top]
(A) Posting at the Vacation Rental. The owner of the vacation rental must display the name, phone
number, and email address of the [owner, designee, and] emergency point of contact in a
conspicuous place within ____ feet of the primary entrance of the vacation rental [to read as
follows: ______________.]
(B) Failure to Comply. In addition to any other penalty pursuant to the [City/Town] Code, a
violation of this Section X-X-8 shall be a civil offense. Each day a vacation rental does not display
the information required by this Section X-X-8 shall constitute a separate violation.
Sec. X-X-9
Insurance Required. [go to top]
(A) Required insurance. Prior to offering or renting a vacation rental for rent for the first time,
liability insurance appropriate to cover the vacation rental in the aggregate of at least $500,000
shall be provided by the owner or the online marketplace platform.
(B) Proof of insurance. Proof of the required liability insurance coverage shall be provided to
the [City/Town upon a request by the City/Town / no later than ____ days prior to offering or
renting the vacation rental for rent for the first time].
(C) Violation. In addition to any other penalty pursuant to the [City/Town] Code, a violation of
this Section X-X-9 shall be a civil offense. Each day a vacation rental lacks the insurance required
by this Section X-X-9 shall constitute a separate violation.]
Sec. X-X-10 Background Checks Required. [go to top]
(A) No sex offender shall be permitted to rent or occupy the vacation rental. Owners who
allow a sex offender at the vacation rental shall be found in violation of this Section X-X-10.
(B) Within twenty-four (24) hours of every booking, a sex offender background check on each
guest shall be conducted by the owner or by the online lodging marketplace on which the
vacation rental is advertised. The owner shall demonstrate compliance with this requirement
by retaining a full copy of each background check for a minimum of twelve (12) months after
the booking date and providing the copy to the [City/Town] upon a request by a police officer.
(C) In addition to any other penalty pursuant to the [City/Town] Code, any person who
violates this Section X-X-10 shall be subject to a civil offense.
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(D) The failure of an online lodging marketplace to conduct a background check shall not relieve
the owner of liability under this Sec. X-X-10.
Sec. X-X-11 Permit Suspensions. [go to top]
(A) Permit suspensions. The [City/Town] may initiate an administrative process to suspend a
vacation rental permit for a period of up to twelve (12) months for any of the following:
(1) Three verified violations of this Article within a twelve (12) month period, not
including any such violation based on an aesthetic, solid waste disposal or vehicle
parking violation that is not also a serious threat to public health and safety.
(2) One verified violation that results in or constitutes any of the following:
(a) A felony offense committed at or in the vicinity of a vacation rental by the
owner of the vacation rental or by the owner’s designee;
(b) A serious physical injury or wrongful death at or related to a vacation rental
resulting from the knowing, intentional or reckless conduct of the owner of the
vacation rental or the owner’s designee;
(c) The owner of the vacation rental or the owner’s designee knowingly or
intentionally housing a sex offender, allowing offenses related to adult-
oriented businesses, sexual offenses, or prostitution, or operating or
maintaining a sober living home; or
(d) The owner of the vacation rental or the owner’s designee knowingly or
intentionally allowing the use of a vacation rental for a special event that would
otherwise require a permit or license pursuant to the [City/Town] code or a
state law or rule or for a retail, restaurant, banquet space or other similar use.
(B) Appeals. A decision to suspend a permit may be appealed by the owner as set forth in Sec.
X-X-13.
Sec. X-X-12 Enhanced Penalties. [go to top]
(A) The remedies in this Article are cumulative and the [City/Town] may proceed under one
or more such remedies.
(B) In addition to any other penalty pursuant to the [City/Town] Code, and notwithstanding
any other law, the [City/Town] may impose a civil penalty of the following amounts against
an owner if the owner causes, allows, facilitates, aides, or abets a verified violation of any
provision of this Article or fails to perform any act or duty required by this Article, related to
the same vacation rental property within the same twelve-month period:
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(1) Up to $500 or up to an amount equal to one night’s rent for the vacation rental as
advertised, whichever is greater, for the first violation.
(2) Up to $1,000 or up to an amount equal to two nights’ rent for the vacation rental
as advertised, whichever is greater, for the second violation.
(3) Up to $3,500 or up to an amount equal to three nights’ rent for the vacation rental
as advertised, whichever is greater, for a third and any subsequent violation.
If multiple violations arise out of the same response to an incident at a vacation rental, those
violations are considered one violation for the purpose of assessing civil penalties.
(C) In addition to any other penalty pursuant to the Code, any property that operates as a
vacation rental and fails to apply for vacation rental permit in accordance with this Article
within thirty (30) days of the application process being made available by the Town, must
cease operations immediately. In addition to any fines imposed pursuant to this Section X-X-
12, the Town may impose a civil penalty of up to one thousand dollars ($1,000) per month
against the owner if the owner or owner’s designee fails to apply within thirty (30) days of
receiving written notice of the failure to comply with this Article.
Sec. X-X-13 Appeals. [go to top]
(A) Any person aggrieved by any decision with respect to the denial of or a refusal to issue a
vacation rental permit, the suspension of a vacation rental permit, or a penalty imposed pursuant
to this Article may appeal the decision by filing a written notice of appeal with the [City/Town]
Manager no later than thirty (30) days from the date of the decision letter. The notice of appeal
shall be on a form approved by the [City/Town].
(B) An appeal under this Section X-X-13 does not operate as a stay of the permit suspension.
(C) This Section X-X-13 is not applicable to judicial actions brought pursuant to Sec. X-X-14 or
to penalties including fines imposed by a court.
Sec. X-X-14 Judicial relief. [go to top]
(A) Notwithstanding Sec. X-X-11, any attempted or completed felony act, arising from the
occupancy or use of a vacation rental that results in a death, or actual or attempted serious
physical injury, shall be grounds for judicial relief in the form of a suspension of the property's
use as a vacation rental for a period that shall not exceed twelve (12) months.
(B) The [City/Town] attorney may initiate proceedings in the [City/Town] court or other court
of competent jurisdiction to enforce this Section X-X-14.
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Sec. X-X-15 Severability. [go to top]
In the event any section or provision of this Article shall be declared by a court of competent
jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this
Article as a whole or any part thereof other than the part so declared to be invalid or
unconstitutional.
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Sample Ordinance 2: Registration required only.
[Optional language is highlighted in grey.]
ARTICLE X-X. SHORT-TERM RENTALS AND VACATION RENTALS
Sec. X-X-1
Purpose.
Sec. X-X-2
Definitions.
Sec. X-X-3
Registration Required; Penalties.
Sec. X-X-4
Emergency Point of Contact Requirements; Penalties.
Sec. X-X-5
Compliance with the Law; Prohibited Uses.
Sec. X-X-6
Neighbor Notification Requirements. (Optional)
Sec. X-X-7
Advertisement Requirements. (Optional)
Sec. X-X-8
Posting on the Property Required. (Optional)
Sec. X-X-9
Insurance Requirements. (Optional)
Sec. X-X-10 Background Checks. (Optional)
Sec. X-X-11 Enhanced Penalties.
Sec. X-X-12 Appeals.
Sec. X-X-13 Judicial relief.
Sec. X-X-14 Severability.
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Sec. X-X-1
Purpose. [go to top]
This Article is adopted to protect the health, safety, and welfare of the community of the
[City/Town] by enacting reasonable regulations for short-term rentals and vacation rentals.
These regulations are in addition to other codes of the [City/Town].
Sec. X-X-2
Definitions. [go to top]
In this Article, unless the context or definitions in A.R.S. § 9-500.39 indicate otherwise, the
following terms or phrases are defined as follows:
“Online Lodging Marketplace” has the same meaning prescribed in A.R.S. § 42-5076.
“Short-term rental” and "vacation rental" are interchangeable for purposes of this Article
and mean any individually or collectively owned single-family or one-to-four-family house
or dwelling unit, or any unit or group of units in a condominium or cooperative, that is also
a transient public lodging establishment or owner-occupied residential home offered for
transient use. “Vacation rental” does not include:
(i) accommodations [or property] that is classified for property taxation under
A.R.S. § 42-12001; or
(ii) any unit that is used for any nonresidential use, including a special event that
would otherwise require a permit, retail, restaurant, banquet space, or other similar
use.
“Transaction privilege tax license” is the license issued by the State of Arizona pursuant
to A.R.S., Title 42.
"Transient" has the same meaning prescribed in A.R.S. § 42-5070.
Optional definitions (not specifically defined in A.R.S. § 9-500.39) [go to top]
“Advertisement” means any method of soliciting the use of property for vacation rental
purposes.
“Applicant” means the owner or owner’s designee who registers the vacation rental with
the [City/Town].
“Days” shall mean calendar days unless stated otherwise.
“Designee” and “Agent” are interchangeable for purposes of this Article and mean any
person or persons with the charge, care, or control of any property, dwelling unit, or portion
thereof. “Designee” includes the “emergency point of contact.”
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“Emergency point of contact” means the owner or individual designated by the owner to:
(i) serve as the local twenty-four (24) hour emergency point of contact for the vacation
rental; and (ii) respond to complaints and emergencies relating to the vacation rental in a
timely manner as required by this Article.
“Neighbor notification” means the written notice provided by the owner to each single-
family residential property adjacent to the vacation rental property, directly across from the
vacation rental property, and diagonally across the street of the vacation rental property
that includes the valid permit number issued by the [City/Town], the physical address of
the vacation rental, and the name, address, and twenty-four (24) hour telephone number of
the emergency point of contact.
“Nonresidential use” means any use that is not permitted in a residential zoning district
pursuant to a [City/Town] zoning ordinance. [Nonresidential use includes
_____________].
“Owner” means any person who, alone or with others, has title or interest in a property,
dwelling unit, or portion thereof, with or without accompanying actual possession
thereof, and includes any person who as agent, executor, administrator, trustee, or
guardian has charge, care, or control of any property, dwelling unit, or portion thereof.
“Person” means an individual, public entity, firm, corporation, partnership, limited
liability company, trust, association, or any other business entity or juridical person,
whether operating on a for-profit or nonprofit basis.
“Timely manner” means responding to complaints and emergencies in person, by phone,
or by email within [the timeframe required by public safety personnel / ____ hours from
the request by public safety personnel].
Sec. X-X-3
Registration Required; Penalties. [go to top]
(A) Vacation rental registration required. Prior to use of a property as a vacation rental, the
owner of the vacation rental shall register the vacation rental with the [City/Town]. Renting, or
offering for rent, a vacation rental without complying with the registration requirement in this
Section X-X-3 is prohibited.
(B) Registration application. The owner of a proposed vacation rental shall submit to the
[City/Town] a registration application on a form furnished by the [City/Town]. The application
shall [be signed by the applicant] and shall contain the following minimum information, which
shall be made publicly available:
(1) The physical address of the residential property proposed to be used as a vacation
rental.
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(2) The name, address, and telephone number of the owner for which the vacation
rental registration certificate is to be issued. If the property owner is an entity, the legal
name of the entity and its statutory agent.
(3) The name, address, and telephone number of the designee, if any, of the owner.
(4) The name, address, and twenty-four (24) hour telephone number of the individual
who will serve as the emergency point of contact.
[(7) An attestation signed by the applicant of compliance with the notification required
in this Article.]
[(8) Evidence of liability insurance appropriate to cover the vacation rental in the
aggregate of at least $500,000 or evidence that each vacation rental transaction will be
provided through a platform that provides equal or greater primary liability insurance
coverage for the vacation rental.]
[(9) Evidence the vacation rental is registered with [Maricopa] County Assessor’s
Office in accordance with A.R.S. § 33-1902.]
[(10) If the applicant is an individual, proof of lawful presence in the United States in
accordance with A.R.S. §§ 1-502 and 41-1080.]
(C) Registration number. The City will provide a vacation rental registration number for each
vacation rental registered by a property owner.
(D) Maintaining Accurate Information. The owner shall give [prior] written notice to the
[Town/City] manager or designee of any [material] change in information submitted in connection
with a registration application. The notice shall be provided to the [Town/City] Manager not less
than [ten (10) days prior to the effective date of the change]. [Any information required for an
application under this Section X-X-3 is deemed to be material for purposes of this Section X-X-
3.] A violation of this subsection is a civil offense.
(E) Illegal Operations; Penalties. A vacation rental that fails to register the vacation rental
within 30 days of the registration application being made available by the [City/Town] shall
immediately cease operations. Representations or advertisements including online listings that
reference the property, house, or dwelling unit location within the [City/Town] is prima facie
evidence that a vacation rental is operating in the [City/Town].
(F) Implementation. The [City/Town] Manager or designee shall develop the necessary
application, attestation, and/or database necessary to implement this Section X-X-3.
Sec. X-X-4
Emergency Point of Contact Requirements; Penalties. [go to top]
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(A) Emergency Responses; Violations. When requested by a police officer, the owner or
emergency point of contact whose name appears on the vacation rental registration must be on
the vacation rental premises, or be available over the phone or text, within [sixty (60) minutes] of
the request. In addition to any other penalty pursuant to the [City/Town] Code, a violation of
this Section shall be a civil offense.
(B) Non-emergency Responses; Violations. The owner or emergency point of contact shall
respond to all other complaints relating to the vacation rental in person, over the phone, by e-
mail, or by text within [twenty-four (24) hours of the request / in a timely manner]. In addition to
any other penalty pursuant to the [City/Town] Code, a violation of this Section X-X-4 shall be a
civil offense.
(C) Maintaining Accurate Emergency Information. All applicants and persons holding permits
issued pursuant to this Article shall give prior written notice to the [Town/City] Manager or
designee of any change to the contact information provided to the [City/Town] for the emergency
point of contact. The notice shall be provided to the [Town/City] Manager not less than ten (10)
days prior to the effective date of the change. The failure to provide prior written notice to the
[City/Town] of the change is a violation of this Section.
(D) Penalties. In addition to any other penalty pursuant to the [City/Town] Code, an owner shall
be subject to civil penalties of up to $1,000 for every thirty (30) days the owner fails to provide
notice to the [City/Town] as required under this subsection. Before imposing the initial civil
penalty, the [City/Town] shall provide thirty (30) days' notice to the owner by [emailing /mailing]
a notice of violation to the owner’s [email address / mailing address] that was provided to the
[City/Town]. The notice of the violation shall inform the applicant of the right to appeal the denial
as provided for in Sec. X-X-13. Notwithstanding the date of the notice of violation, the date for
calculating the penalties shall be the first day the vacation rental is occupied following the owner’s
failure to provide the notice to the [City/Town] regarding the change.
(E) Use of a Designee. The failure of any emergency point of contact to comply with the
response requirements shall not relieve the owner of liability under this Section X-X-4.
Sec. X-X-5
Compliance with the Law; Prohibited Uses. [go to top]
(A) A vacation rental shall comply with the federal, state, and local laws [, including laws
relating to public health and safety, sanitation, solid waste, hazardous waste, tax privilege
licensing, property tax registration, traffic control, pollution control, noise, property
maintenance, and nuisance abatement].
(B) The use of a vacation rental property for any of the following uses or purposes is strictly
prohibited:
(1) Any nonresidential use;
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(2) Holding a special event that requires a permit or license pursuant to a city or town
ordinance or state law or rule;
(3) Operating a retail business, restaurant, event center, banquet hall or similar use;
(4) Housing sex offenders;
(5) Operating or maintaining a sober living home;
(6) Selling liquor, illegal drugs, or pornography;
(7) Operating a nude or topless dancing;
(8) Obscenity;
(9) Adult-oriented business; or
(10) Any other use prohibited by A.R.S. § 9-500.39 or the [City/Town] code.
(C) A vacation rental lacking a valid transaction privilege tax license issued by the State of
Arizona shall not be rented or offered for rent.
(D) No person or entity shall operate a vacation rental in violation of this Article or other law.
(E) No person or entity may receive payment or accept a fee, directly or indirectly, for
facilitating the rental of a vacation rental operating in violation of this Code or other law.
(F) In addition to any other penalty pursuant to the [City/Town] Code, any person who causes,
allows, facilitates, aides, or abets any violation of this Article shall be subject to a civil offense.
(G) The failure of any designee to comply with this Article shall not relieve the owner of liability
under this Article.
Sec. X-X-6
Neighbor Notification Requirements. [go to top]
(A) Neighbor notification. Prior to offering a vacation rental for rent for the first time, the owner
or designee shall provide neighbor notification to each single-family residential property
adjacent to the vacation rental property, directly across from the vacation rental property, and
diagonally across the street of the vacation rental property. The neighbor notification shall be
provided in writing in the form required by the [City/Town] and shall include the following
minimum information:
(1) The registration number issued by the [City/Town];
(2) The physical address of the vacation rental; and
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(3) The name, physical address, email address, and twenty-four (24) hour telephone
number of the emergency point of contact.
(B) Additional neighbor notification required. Any change to the information provided under
Subsection A shall require additional neighbor notification by the owner or designee not later
than five (5) days prior to each change.
(C) Attestation. [At the time of the application / Prior to offering a vacation rental for rent for the
first time / Within ___ days of a request by the City/Town,] the owner or designee shall provide
to the [City/Town] an attestation of compliance with the neighbor notification required by this
Section X-X-6.
(D) Violations. In addition to any other penalty pursuant to the [City/Town] Code, a violation of
this Section X-X-6 shall be a civil offense.
Sec. X-X-7
Advertisement Requirements. [go to top]
(A) Required Disclosure. To protect the peace, health, safety, and general welfare of the
[City’s/Town’s] residents and visitors, the owner or owner’s designee shall be responsible for
displaying the registration number issued by the [Town/City] on each advertisement for such
vacation rental.
(B) Violations. In addition to any other penalty pursuant to the [City/Town] Code, a violation of
this Section shall be a civil offense. Each advertisement in violation of this Section X-X-7 shall
constitute a separate violation.
(C) Use of a Designee. The failure of an online lodging marketplace to comply with disclosure
requirements shall not relieve the owner of liability under this Section X-X-7.
Sec. X-X-8
Posting on the Property Required. [go to top]
(A) Posting at the Vacation Rental. The owner of the vacation rental must display the name, phone
number, and email address of the [owner, designee, and] emergency point of contact in a
conspicuous place within ____ feet of the primary entrance of the vacation rental [to read as
follows: ______________.]
(B) Failure to Comply. In addition to any other penalty pursuant to the [City/Town] Code, a
violation of this Section X-X-8 shall be a civil offense. Each day a vacation rental does not display
the information required by this Section X-X-8 shall constitute a separate violation.
Sec. X-X-9
Insurance Requirements. [go to top]
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(A) Required insurance. Prior to offering or renting a vacation rental for rent for the first time,
liability insurance appropriate to cover the vacation rental in the aggregate of at least $500,000
shall be provided by the owner or the online marketplace platform.
(B) Proof of insurance. Proof of the required liability insurance coverage shall be provided to
the [City/Town [upon a request by the City/Town / no later than ____ days prior to offering
or renting the vacation rental for rent for the first time].
(C) Violation. In addition to any other penalty pursuant to the [City/Town] Code, a violation of
this Section X-X-9 shall be a civil offense. Each day a vacation rental lacks the insurance required
by this Section X-X-9 shall constitute a separate violation.]
Sec. X-X-10 Background Checks. [go to top]
(A) No sex offender shall be permitted to rent or occupy the vacation rental. Owners who
allow a sex offender to rent or occupy their vacation rental shall be found in violation of this
Section X-X-10.
(B) Within twenty-four (24) hours of every booking, a sex offender background check on each
guest shall be conducted by the owner or by the online lodging marketplace on which the
vacation rental is advertised. The owner shall demonstrate compliance with this requirement
by retaining a full copy of each background check for a minimum of twelve (12) months after
the booking date and providing the copy upon a request by a police officer.
(C) In addition to any other penalty pursuant to the [City/Town] Code, any person who
violates this Section X-X-10 shall be subject to a civil offense.
Sec. X-X-11 Enhanced Penalties. [go to top]
(A) The remedies in this Article are cumulative and the [City/Town] may proceed under one
or more such remedies.
(B) In addition to any other penalty pursuant to the [City/Town] Code, and notwithstanding
any other law, the [City/Town] may impose a civil penalty of the following amounts against
an owner if the owner causes, allows, facilitates, aides, or abets a verified violation of any
provision of this Article or fails to perform any act or duty required by this Article, related to
the same vacation rental property within the same twelve-month period:
(1) Up to $500 or up to an amount equal to one night’s rent for the vacation rental as
advertised, whichever is greater, for the first violation.
(2) Up to $1,000 or up to an amount equal to two nights’ rent for the vacation rental
as advertised, whichever is greater, for the second violation.
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(3) Up to $3,500 or up to an amount equal to three nights’ rent for the vacation rental
as advertised, whichever is greater, for a third and any subsequent violation.
If multiple violations arise out of the same response to an incident at a vacation rental, those
violations are considered one violation for the purpose of assessing civil penalties.
(C) In addition to any other penalty pursuant to the Code, any property that operates as a
vacation rental and fails to register a vacation rental in accordance with this Article within
thirty (30) days of the application process being made available by the Town, must cease
operations immediately. In addition to any fines imposed pursuant to this Section X-X-11, the
Town may impose a civil penalty of up to one thousand dollars ($1,000) per month against
the owner if the owner or owner’s designee fails to apply within thirty (30) days of receiving
written notice of the failure to comply with this Article.
Sec. X-X-12 Appeals. [go to top]
(A) Any person aggrieved by any decision with respect to a penalty imposed pursuant to this
Article may appeal the decision by filing a written notice of appeal with the [City/Town] Manager
no later than thirty (30) days from the date of the decision letter. The notice of appeal shall be on
a form approved by the [City/Town].
(B) An appeal under this Section X-X-12 does not operate as a stay of the permit suspension.
(C) This Section X-X-12 is not applicable to judicial actions brought pursuant to Sec. X-X-13 or
to penalties including fines imposed by a court.
Sec. X-X-13 Judicial relief. [go to top]
(a) Any attempted or completed felony act, arising from the occupancy or use of a vacation
rental that results in a death, or actual or attempted serious physical injury, shall be grounds
for judicial relief in the form of a suspension of the property's use as a vacation rental for a
period that shall not exceed twelve (12) months.
(b) The [City/Town] attorney may initiate proceedings in the [City/Town] court or other court
of competent jurisdiction to enforce this Section X-X-13.
Sec. X-X-14 Severability. [go to top]
In the event any section or provision of this Article shall be declared by a court of competent
jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this
Article as a whole or any part thereof other than the part so declared to be invalid or
unconstitutional.