The Town Council has adopted a new Town Code provision that provides for restrictions on the use of residential property for short-term or vacation rentals.

Previously, the Arizona Legislature had passed a state law that preempted local jurisdictions from regulating short-term rentals.

At the Jan. 5 Town Council meeting, Town Development Services Director John Wesley told the council that the use of vacation rentals has increased in recent years and, with that, several issues. Those issues often related to renters using the properties for large-scale parties and even special events.

The legislature has responded to concerns presented by local governments and passed a law that allows jurisdictions to impose regulations, specifically:

*Adopt regulations related to fire and building code, health and sanitation, transportation or traffic control, solid or hazardous waste and pollution control, and designation of an emergency point of contact, if the city or town demonstrates that the rule or regulation is for the primary purpose of protecting the public’s health and safety.

*Adopt and enforce residential use and zoning ordinances related to noise, protection of welfare, property maintenance and nuisance issues, provided the ordinance treats all residential property the same.

*Limit or prohibit the use of a vacation rental or short-term rental for the purposes of housing sex offenders, operating or maintaining a sober living home, selling illegal drugs, liquor control or pornography, obscenity, nude or topless dancing and other adult oriented businesses.

*Require the owner of a vacation or short-term rental to provide the city or town with contact information for the owner or the owner’s designee who is responsible for responding to complaints in a timely manner in person, over the phone or by email at any time of day before offering for rent or renting the vacation rental or short-term rental.

The Town Code provision approved by the council is designed to implement these provisions now permitted by the state. Additionally, the code provides for establishing a registry for vacation and short-term rental property owners. Another section provides for the requirement that the property be in conformance with health and safety regulations.

Wesley said staff is also reviewing provisions of other ordinances which may relate to implementation of the new ordinance and address the impacts of vacation or short-term rentals.

The council vote was 7-0 in support of the ordinance.