Who pays when parties at short-term rentals go wrong

WICHITA, Kan. (KSNW) — The Wichita City Council has been looking for ways to prevent problems at short-term rental sites like Airbnb and Vrbo . Should the property owner or just the renter be fined and possibly arrested?

On Tuesday, council members approved an ordinance allowing law enforcement officers to shut down nuisance parties at short-term rental properties.

The ordinance states that property owners can be cited if they learn about a nuisance party and do nothing to stop it.

The City of Wichita defines a nuisance party as a social gathering of five or more people on residential property where certain nuisance-type activities occur. These activities include:

• Unlawful sale, furnishing, possession or consumption of alcoholic beverages;
• Violations of provisions of Chapter 7.41 relating to noise;
• Property damage, assault, battery or littering;
• Outdoor urination or defecation in a place open to public view;
• Conduct that threatens injury to persons or damage to property;
• Trespassing on adjacent or adjoining property;
• Indecent exposure;
• Unlawful discharge of fireworks or firearms;
• Illegal gambling;
• Sale of sexual relations; or
• Hosting of minors for the consumption of alcohol.

The ordinance says the short-term rental licensee can be charged if they are “present at the time of the party, have received notification from law enforcement or city staff that a party is occurring and have not taken any steps to have party activities cease, or other facts and circumstances exist which indicate that the responsible party knew or should have known that the party was occurring.”

Council member Brandon Johnson said he would support the ordinance but thinks licensees will try to get around the wording.

“They can say they weren’t notified, they didn’t hear from law enforcement outside of, at the time of the party, which, at that point, it’s over,” he said. “It could be a one-and-done. It could be something that continues to happen at a property.”

The Wichita City Council approved the first reading of the ordinance, 7-0.

A first conviction carries a $500 fine. Second and subsequent offenses can result in up to $2,500 or a year in jail.

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