Chapter 21.56 — SHORT-TERM RENTALS

The purpose of this chapter is to prohibit the operation and/or establishment of short-term residential rentals in all zones of the city that expressly or conditionally permit residential uses, excluding rental of dwelling units located within city-approved hotels and motels.

(Ord. 710, § 5 (part), 2019).

The following terms and phrases, whenever used in this chapter, shall be construed as defined in this section: (1) "Advertisement" means any printed or lettered announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, Internet website or application, or any other form.

(2) "Hosting platform" means a person who participates in the short-term rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation.

(3) "Person" means any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, or organization or business entity of any kind.

(4) "Short-term rental" means the renting of, or offering to make available (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration of any kind, any dwelling of any kind, or room or rooms in a dwelling, or any dwelling unit, or a portion thereof, within the city, for a period of less than thirty consecutive days. Rental of any dwelling unit, or room or rooms, located within or that are part of any cityapproved hotel and motel shall not be considered a short term rental.

(Ord. 710, § 5 (part), 2019).

It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written), for compensation or consideration of any kind, any dwelling of any kind, or room or rooms in a dwelling, or any dwelling unit, or a portion thereof, within the city, for less than thirty consecutive days. No person or entity shall place or maintain any advertisement for a short-term rental prohibited by this section. It shall be unlawful for any person to occupy a dwelling, a dwelling unit or a room in a dwelling for less than thirty consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or any consideration of any kind. This prohibition shall not apply to the rental of any dwelling unit, or room or rooms, located within or that are part of any city-permitted hotel and motel. (Ord. 710, § 5 (part), 2019).

(a) Subject to applicable laws, hosting platforms shall identify and disclose to the city on a regular basis, but not less than quarterly, each short-term rental property listing located in the city, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay.

(b) Hosting platforms shall not complete any booking transaction for any short-term rental at the time the hosting platform receives a fee for the booking transaction.

(c) Hosting platforms shall not collect or receive a fee, directly or indirectly through an agent or intermediary, for facilitating or providing services ancillary to a short-term rental, including, but not limited to, insurance, concierge services, catering, restaurant bookings, tours, guide services, entertainment, cleaning, property management, or maintenance of the short-term rental property.

(d) Safe Harbor. A hosting platform operating exclusively on the Internet, which operates in compliance with subsections (a), (b), and (c) above, shall be presumed to be in compliance with this chapter, except that the hosting platform remains responsible for compliance with any administrative subpoena issued by the city.

(e) The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if, or to the extent, determined by the city to be in violation of, or preempted by, any such law(s).

(Ord. 710, § 5 (part), 2019).

21.56.050 Violations and penalties .

Any person who violates any provision of this chapter is guilty of an infraction punishable through an administrative citation and subject to those fines listed in La Mirada Municipal Code Section 1.08.090. (Ord. 710, § 5 (part), 2019).