The City of Sedona’s new permit ordinance for short-term rentals, passed by the Sedona City Council on November 22nd, went into full effect on Wednesday, February 15th. lawful operation.

Among the ordinance’s new regulations is a requirement to conduct background checks on all booking guests. This requirement is specifically related to preventing sex offenders from occupying her STR.

“Sex offenders are not permitted to rent or occupy short-term rentals,” says Section 5.25.100A of the City of Sedona Code. “Owners who allow sex offenders on short-term rentals are in violation of this section.”

“At least 24 hours prior to guest check-in, the owner or owner’s designee shall conduct a sex offender background check on the booking guest. may be satisfied by the owner providing evidence that the booked online accommodation marketplace has conducted a sex offender background check on the booking guest,” continues paragraph B of the law. “The owner shall demonstrate compliance with this requirement by retaining a complete copy of each background check for a minimum of twelve (12) months from the date of the reservation and providing a copy to the City upon request.”

“The failure of an online accommodation marketplace to conduct a background check does not absolve the owner of liability under this section,” concludes paragraph C.

This is in contrast to Coconino County’s proposed STR ordinance. The ordinance prohibits the operation of her STR by a sex offender, or “willfully or intentionally housing a sex offender in her STR,” but does not impose background check requirements or , does not specifically tie the need for background checks. to the need to determine sex offender status.

Paradise Valley requires a background check of all guests originally considered by Sedona. Scottsdale, Bisbee, Tempe, Mesa, Goodyear and Peoria have ordinances similar to Sedona. Yavapai County has yet to pass an ordinance.

As sedona red rock news Booking sites such as AirBNB and VRBO do not routinely complete guest background checks, as outlined in the Dec. 7 passage report.

No existing issues

When the ordinance passed in November, several members of the council asked whether there was justification for passing a background check ordinance based on the issue of sex offenders.

“I think it’s right that we don’t have a lot of problems,” then-Mayor Sandy Moriarty said. “Certainly, there were no reports that I am aware of.”

“I don’t think there was a problem at all,” agreed then-deputy mayor Scott Jabrough. “I don’t think we have a problem.”

“We don’t look like we have a problem,” said then-Alderman John Thompson.

“I have a real problem with sex offender background checks,” Cameron Wilde, a Sedona real estate agent, told the council. I don’t mean it doesn’t exist, but I’m afraid it creates a lot out of problems that aren’t here.”

Despite these perceptions that sex offenders are unlikely to rent Sedona STRs in bulk, or not at all, the council unanimously passed the ordinance.

Thompson later said support for the requirement reflected an attempt to respect the differences between residential and lodging areas and respect the wishes of residents without bowing to a vocal minority.

“The right thing to do was add requirements,” Thompson said. “I believe we hit the right balance. We certainly didn’t have a flood of complaints.”

“We have no reports of sex offenders, but we don’t want it to be a problem in the future,” Jabro said later. “We have to do everything we can to protect our residents.”

“Onus in Progress”

Teresa Arthur, the city’s short-term rental specialist, suggested another motivation for the requirement, calling it an “ongoing burden on owners.”

When asked if the motivation behind the background check requirement was a desire to impose an administrative burden on the STR that might discourage its use, Thompson said: I’m here. I can’t speak for everyone, but there was definitely a line in my mind…between doing something reasonable and being harassing…not being a sex offender to anyone making an appointment. It seemed to me insufficient to require My definition of harassment. ”

“No, of course not,” said Jaburo in response to the same question.

Thompson added that the background check requirement “further limits their market, which makes sense.” It’s perhaps a little extra protection that can prevent “promiscuity in a nice place.” He noted that background check requirements should be tied to determining a sex offender’s status, rather than checking for other felonies, as it is the only category of felony received. belief.

AirBNB and other booking sites do not automatically complete background checks for all guests, so many owners who continue to book rentals through these sites are automatically compliant with city codes. not necessarily. If the city enforces as written in the ordinance, it could fine his STR owner for renting a unit through a violating booking site for not meeting background check requirements. .

City officials declined to comment on whether STR owners who book units through booking sites risk liability for fines by continuing to book.