HomeMy WebLinkAboutO-2019-021 Amending Sec. 16-2 Vacation Rentals to Create Regulations Governing Use by Sexual OffendersORDINANCE NO.2019-021
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 16, "VACATION RENTALS,"
SECTION 16-2, "VACATION RENTALS" OF THE CITY' S CODE OF
ORDINANCES TO CREATE REGULATIONS AND REQUIREMENTS
GOVERNING SEXUAL OFFENDERS' USE OF VACATION RENTALS AND
PROHIBIT HUMAN TRAFFICKING ACTIVITIES IN VACATION
RENTALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provide municipalities the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
WHEREAS, the City Commission of the City of Dania Beach ("City Commission")
finds it periodically necessary to amend its Code of Ordinances ("Code") in order to update
regulations and procedures to implement municipal goals and objectives; and
WHEREAS, on June 28, 2005, the City Commission adopted Ordinance No. 2005-023,
establishing sexual offender residency distance prohibitions; and
WHEREAS, on May 31, 2011 the City Commission adopted Ordinance No. 2011-017,
establishing Chapter 16, "Vacation Rentals" of the City Code of Ordinances; and
WHEREAS, the City Commission desires to amend the City Code in order to: (1) make
such distance prohibitions applicable to sexual offenders who rent vacation rentals; (2) require
property owners and vacation rental agents to ensure that sexual offenders, who are occupants,
register with the Broward Sherriff's Office ("BSO") within the applicable timeframe mandated
by state law, as may be amended; (3) require property owners and vacation rental agents to
notify BSO within twenty-four (24) hours of knowledge that any occupant is a sexual offender;
and (4) prohibit use of vacation rentals for human trafficking activities; and
WHEREAS, pursuant to Section 166.041 (3)(a), Florida Statutes, notice has been given
by publication in a paper of general circulation in the City, notifying the public of this proposed
Ordinance and of the time and date of the public hearing; and
WHEREAS, a public hearing was held before the City Commission pursuant to the
published notice described above; and
WHEREAS, the City Commission finds that adoption of this Ordinance through its
police powers will protect the public health, safety, and welfare of the residents of the City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding "Whereas" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Section 16-2, entitled "Vacation Rentals" of Chapter 16, "Vacation
Rentals" of the City Code of Ordinances is hereby amended to read as follows:
Chapter 16 - VACATION RENTALS
Sec. 16-2. - Vacation rentals.
(k) Sexual offenders.
(1) Sexual offenders must register. In addition to general compliance with all federal,
state, county, and local laws, it is the affirmative duty and responsibility of the property
owner and vacation rental agent, individually and collectively, to ensure that sexual
offenders, as defined by state law, register with the Broward Sherriff's Office ("BSO"),
in accordance with state law, as maybe amended from time to time.
(2) Notification of sexual offender status. At the time of check -in, the property owner or
vacation rental agent shall inquire if any vacation rental occupant is a sexual offender, as
defined by state law. If any vacation rental occupant is a sexual offender as defined by
state law, the property owner, vacation rental agent, or both shall notify BSO within
twent -fy our (24) hours of being informed.
(3) Proximity Prohibitions. It is unlawful to rent any vacation rental to any person
prohibited from establishing such temporary residence, pursuant to section 17-128 of this
code, if the vacation rental is located within two thousand five hundred (2,500,) feet of
any school, day care center, park, playground, or other place where children re ug larly
congregate.
Prior to renting any vacation rental that is located within two thousand five hundred
(2,500) feet of any school, day care center, park playground, or other place where
children regularly congregate, the property owner and vacation rental agent shall obtain
written confirmation from the Florida Department of Law Enforcement (FDLE), BSO,
or other law enforcement agency that the prospective renter is not a sexual offender, as
defined in section 17-128(c) of this code. A copy of the referenced written confirmation
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shall be retained by the property owner and vacation rental agent for not less than two
(2) years after the termination of the sexual offender's residence on the property.
(4) Non-compliance. A property owner's failure to comply with the provisions of this
subsection shall constitute a violation of this section, and shall subject the property
owner to revocation of the vacation rental license, as provided in section 16-3 of this
code.
(1) Human Trafficking. It is unlawful for any property owner or vacation rental agent to allow
human traffickingactivity ctivity within the vacation rental if such property owner or vacation rental
agent knew or should have known that the vacation rental was to be used for human trafficking
purposes. If such unlawful activity is found by law enforcement agencies, the City shall
immediately revoke the vacation rental license, pursuant to section 16-3 of this code.
Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to such extent of the conflict.
Section 5. That this Ordinance shall take full effect immediately upon its passage and
adoption.
PASSED on first reading on October 28, 2019.
PASSED AND ADOPTED on second reading on November 12, 2019.
ATTEST:
THOMAS SCHNEIDER, CMC
CITY CLERK
v y
r,
LOlt LE
0 MAYOR
APPROVED AS TO Fe RM AND CORRECTNESS:
THOMAS4. ANSB11O
CITY ATTORNEY
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