1753ORDINANCE NO. 1753 (#06 - 2024)
AN ORDINANCE CREATING JMC §§ 5.09.010-5.09.070, CREATING REQUIREMENTS
FOR HOTELS AND MOTELS; DECLARING AN EMERGENCY; AND, FOR OTHER
PURPOSES.
WHEREAS, it has come to the attention of the City Council of the City of Jacksonville,
Arkansas, that it is necessary to create requirements for hotels and motels. After due consideration
and review, the following is deemed reasonable and shall be imposed for the protection and welfare
of the citizens of Jacksonville, Arkansas.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: JMC § 5.09.010 — Definitions, shall be created and read as follows:
A. Guest: Any person who is authorized to enter a hotel/motel room and who the hotel/motel
operator has provided with a hotel/motel room key.
B. Hotel: "Hotel" means a building occupied as there more or less temporary abiding place
-- of individuals who are lodged with or without meals and in which there are more than
fifteen sleeping rooms, usually occupied singly and with no provision made for cooking in
any individual room or apartment.
C. Identification documents: Any one of the following documents, issued by a government
agency, shall be accepted as an identification document; (1) a current passport or passport
card; (2) a current driver's license; (3) a current non -driver identification card; (4) current
military identification. To be accepted by the operator of the hotel/motel, an identification
document must include a photograph of the guest presenting it that the operator recognizes
as a photograph of the guest. For avoidance of doubt, any document that is represented by
a guest to be one of the above documents, but which does not include a photograph, or does
not include a photograph that the operator of the hotel/motel recognizes as the photograph
of a guest, is not an acceptable identification document.
D. Long-term stay hotel: A hotel that allows guests to rent rooms for terms that exceed the
maximum length of stay limitations in this chapter. These establishments are sometimes
referred to as "extended -stay hotels".
E. Motel: "Motel" means a group of attached or detached building containing individual
sleeping or living units for overnight guests, with garage attached or parking facilities
conveniently located to each unit.
F. Operator: Owners and managers of a hotel/motel and their agents and employees.
G. Transient: Transient shall mean a person who is receiving sleeping or overnight
accommodations for a period of thirty (30) consecutive calendar days or less, at a location
in the City, for a price, with or without meals.
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SECTION TWO: JMC § 5.09.020 —Intent, shall be created to read as follows:
The general purpose of this ordinance is to address nuisance activity that often occurs in
hotels/motels and use a collaborative approach to both proactively prevent, and, when necessary,
reactively abate the activity. The intent is to promote the health, safety, comfort, convenience,
prosperity, and general welfare by requiring that businesses offer shelter to visitors, transient
guests, and other residents and to provide a minimum level of cleanliness, quality, and security.
SECTION THREE: JMC § 5.09.030 — Maximum Length of Stay, shall be created to read as
follows:
A. A hotel/motel shall only be used for transient occupancy. No person shall utilize a
hotel/motel as his or her primary residence, except a resident manager of the hotel/motel.
A hotel/motel may include one dwelling unit for use as a resident manager's unit.
B. All guest rooms shall be used only for short-term, overnight accommodations for guests.
Unless a hotel/motel has obtained a conditional use permit in accordance with JMC
§18.04.160 authorizing longer-term stays, the length of time any guest occupies any
hotel/motel room shall not exceed the following limits:
1. Maximum Consecutive Length of Stay: Thirty (30) consecutive calendar days; and
2. Maximum Cumulative Length of Stay: Sixty (60) cumulative in any one hundred
and eighty (180) consecutive calendar day period.
If a guest room(s) is (are) rented, let, or otherwise provided to any guest for the maximum
time periods allowed by this section, then the hotel/motel shall not rent, let, or otherwise
provide any other guest room to the guest in a manner that results in the guest's stay at the
hotel/motel to exceed these limits. A hotel/motel shall not allow a guest to change rooms
in an attempt to evade these limits on maximum length of stay.
C. One of the purposes of these maximum length stay limits is to ensure that hotels/motels
regularly clean and maintain their guest rooms and do not allow guest's belongings to
accumulate in an unsafe or unsanitary manner. Hotels/motels shall not permit guests to
store their belongings in guest rooms after checking out. Before a new rental term begins,
hotels/motels shall ensure that all of the prior guest's belongings have been removed and
the guest room is clean and in a good state of repair.
D. The limitations on maximum length of stay in subsection (B) of this section shall not apply
to a hotel that the City has specifically approved as a long-term stay hotel through the
issuance of a conditional use permit in accordance with JMC § 18.04.160.
SECTION FOUR: JMC § 5.09.040 — Requirements for all Hotels/Motels, shall be created
to read as follows:
The requirements listed in this section shall apply to every hotel/motel in the City. The general
purpose of these requirements is to proactively prevent and reactively address certain criminal
activity, including prostitution and human trafficking.
A. Guest Register and Check In Procedures:
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1. Contents of Guest Register: The hotel/motel operator shall keep a register that
includes all of the following:
a. The full name of each guest;
b.Each guest's date of birth;
c. The permanent address of each guest, if any;
d.The identification number from the identification document the guest used
to check in (e.g. the driver's license number) and the issuing jurisdiction
(e.g. state or country) for the identification document;
e. The dates of occupancy (including the day, month, year, and hour of the
guest's check in and check out times);
f. The room number or letter (or other identifying symbol if guest rooms are
not numbered or lettered);
g.The room rate;
h.The make, model, and license plate number, including state of issue, of any
vehicle(s) that the guest will park in the hotel/motels' parking area(s); and
i. A signature of the representative of the operator who examined the
identification document(s) presented and attestation that he, she, or they
examined the identification document(s) and confirmed the photography is
that of that guest.
2. Scanned Identification Documents: No hotel/motel operator shall allow a guest to
occupy a guest room for any period of time without first scanning or otherwise
making a digital copy of the guest's identification document(s).
3. Credit or Debit Card Required: No hotel/motel operator shall allow a guest to
occupy a guest room for any period of time without first obtaining a valid credit or
debit card in the guest's name (as opposed to a prepaid card) from the guest who is
paying for the room and confirming that the name on the card matches the name on
the guest's identification document(s). If the guest is not using the credit or debit
card to pay for the room (e.g. the guest is paying with cash), the hotel/motel operator
must confirm the validity of the credit or debit card with card issuer.
Notwithstanding the foregoing, this requirement shall not prevent hotel/motels
from renting a room to a guest who is paying for the room with a voucher from a
government agency or bona fide non-profit entity.
4. Bookings by a Responsible Agent: This section shall not prevent hotels/motels
from allowing a responsible agent to reserve guest rooms on behalf of an organized
group (e.g. sports teams, companies, associations, etc.) provided each of the group's
guests who are staying in the hotel/motels rooms comply with this section.
5. Retention of Guest Records: Every motel operator shall keep and preserve the
register an any and all other records required by this section for a period of not less
than three (3) years. During the retention period required by this subsection, no
person shall alter, deface, or erase the register and any and all other records required
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by this section so as to make the information recorded therein illegible or
unintelligible.
6. Inspection of Guest Records: The guest register must be made available to City
Personnel in accordance with section 5.09.040 (L) below.
C. Hotel/Motel Tax. The hotel/motel tax shall be paid in accordance with Chapter 3.06 of
this Code.
D. Parking by Permit Only
L Parking Permits Required: Except as otherwise provided in this section, it shall be
unlawful for any person to stand or park any vehicle in a hotel/motel parking area
unless a parking permit issued by the motel is displayed on the vehicle. A
hotel/motel shall not issue a parking permit to any person who is not a guest, or an
employee of the hotel/motel, or a contractor of the hotel/motel when the contractor
is on site for official business. For guest vehicles, a hotel/motel shall not issue a
parking permit unless the guest has provided all of the information and documents
required by Section 5.09.040 (B) above.
2. Implementation of Permit Parking System: The City of Jacksonville Code
Enforcement Office and the Jacksonville Police Department are authorized to
establish rules and procedures to produce signs, forms, and other materials
necessary or appropriate to implement the provisions of this section.
3. Enforcement of Parking Permit Requirements • The hotel/motel shall be responsible
for monitoring its parking areas and enforcing the requirements of this section.
Failure to enforce the requirements of this section is a violation of this chapter.
4. Exceptions:
a. The requirements of this section shall not apply to any authorized
emergency vehicle, City vehicle, or vehicle owned by a public utility when
such a vehicle is being used for official business, or to any vehicle used for
collection or delivery of United States mail.
b.The requirements of this section shall not apply to any hotel/motel that
provides secured parking for guests behind a fence, gate, or similar structure
in accordance with plans approved by the City of Jacksonville.
E. Video Surveillance:
1. Video Surveillance Requirement: Every operator of a hotel/motel shall install and
maintain in good working order closed-circuit television (CCTV) recording
cameras sufficient to maintain continuous visual coverage of all entry points,
common areas, and all parking areas.
2. Surveillance Footage Retention and Inspection: The video footage from CCTV
recording cameras must be maintained by the hotel/motel for a minimum of ninety
(90) days before it is erased or overwritten. Surveillance footage must be made
available to City personnel in accordance with Section 5.09.040 (L) below.
F. Security of Guest Rooms
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1. Guest Room Locks. Hotels/Motels shall install and maintain an operable dead bolt
lock on each main swinging entry door of a guest room. The dead bolt lock shall
be installed in accordance with the manufacturer's specifications and shall comply
with applicable state and local codes including, but not limited to, those provisions
relating to fire and life safety and accessibility for people with disabilities. This
section shall not apply to horizontal sliding doors.
2. Viewborts. Each exterior door to a guest room shall have a viewport or window
convenient to the door. Properties with fire resistive construction rate ("fire rated")
doors, at the time of the adoption of the ordinance codified in this Chapter, are
exempt from this provision to the extent that installing a viewport would negatively
affect the fire rating.
3. Connecting Doors. Each door connecting two guest rooms that share a common
wall shall be equipped with a functional deadbolt lock.
4. Window Locks. All windows designed to be opened shall have an operable
window security or locking device. Louvered windows, casement windows, and
all windows more than twelve (12) feet vertically from the ground are excluded
from this subdivision, except where the window is eight (8) feet horizontally of a
roof or any other platform area.
G. Cleanliness:
I. Mattress Conditions/Cleanliness Mattresses shall be free of stains, holes, rips,
and/or odors in excess of normal wear and tear, and maintained in a sanitary, non -
defective condition (e.g., without broken springs, indentations, sags, etc.)
2. Linen Condition/Cleanliness: Where provided by the operator, linens shall be free
of stains, holes, rips, and/or odors in excess of normal wear and tear and shall be
cleaned and changed at change of occupancy or at least once every three (3) days
during a guest's stay and if requested by the guest.
3. Bathroom Condition/Cleanliness: Bathroom fixtures (e.g., toilet bathtub, sink,
mirror) shall be maintained without significant cracks, chips, and/or stains. Floors
shall be washed and sanitized at change of occupancy and/or before a new rental
term begins. The operator shall maintain daily cleaning schedules of all occupied
rooms, including daily trash service (required) and replacement of dirty towels at
least once every three (3) days and if requested by a guest.
4. Carpet Condition/Cleanliness: Carpeting shall be free of stains, holes, rips, and/or
odors in excess of normal wear and tear, and maintained in a sanitary, non -defective
condition.
5. Floor Condition/Cleanliness: With the exception of carpeting as noted above, floor
surfaces shall be made of nonabsorbent materials. All surfaces and tile grouting
shall be maintained without cracks, rips, and/or missing elements.
6. Wall Condition/Cleanliness: Wall surfaces shall be maintained without spots,
stains, flakes, chips, holes and the like maintained in a clean and sanitary condition.
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7. Mold/Mildew: All surfaces, including fixtures and carpeting and flooring shall be
free from mold, mildew, and/or bubbling conditions.
8. Water Leaka)ze/Water Stains: All fixtures shall be maintained without leaks or
drips. Water damage shall be repaired within thirty (30) days of detection. A guest
room with water damage shall not be rented until the water damage is repaired.
9. Furniture Condition: All furniture items provided by the hotel/motel shall be
maintained in proper working order.
10. Condition of Shades/Draperies/Blinds: Shades, draperies, blinds, and other
window coverings shall be free of stains, holes, rips, and/or odors in excess of
normal wear and tear, and maintained in a sanitary, non -defective condition.
11. Vector Control: The premises shall be kept clean in every part and free from
accumulation of garbage, rubbish, rodents, vermin, and other unsanitary matter.
H. Room Furnishings:
1. Privacy: Privacy coverings such as shades, draperies, or blinds shall be
appropriately hung to cover all windows.
2. Room Light: An active, fully functional light switch shall be located at the entry
to the guest room.
3. Bathroom Fixtures: Private bathrooms shall have a functioning toilet and sink, and
functioning shower and/or bathtub. This section should not be construed to prevent
a sink from being placed in a guest room that does not have full bathroom facilities.
4. Shared Bathroom Facilities: Guests in facilities with shared bathrooms shall have
access to a functioning toilet and sink, and a functioning shower and/or bathtub.
Shared showering and bathing areas shall be able to be securely locked from the
inside. Separate facilities shall be provided for men and women or the facilities
shall be able to be locked for individual use. Signs shall be posted indicating that
"Children under 12 years of age who use this shared bathroom must be
accompanied by a parent or guardian at all times."
5. Hot/Cold Water: Hot and cold running water shall be provided for all plumbing
facilities.
6. Telephone Rates: Telephone rates shall be posted in every room that has a private
phone and be adhered to by management.
7. Clothes Storage: Storage space shall be provided in good working order for the
hanging of clothes and/or storing personal belongings.
I. Exterior of Property
1. Exterior Structure Requirements: Exterior of property shall be in compliance with
JMC §8.01.084 — Exterior Structure Requirements.
2. Landscaping: Landscaping of the property shall be in accordance with JMC
§8.01.078 — Grass or Weeds and Chapter 16.20 — Jacksonville Landscaping
Development Code.
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3. Directional Signs: Directional signs shall be posted as appropriate to ensure that
emergency personnel can find guest rooms in a timely manner.
J. Common Areas
Elevators: Guest service elevators shall be fully functional and pass appropriate
agency inspections. The name and telephone number of the inspection agency shall
be posted in all elevators. Elevators shall be operational on a twenty four (24) hour -
a -day basis.
2. Hallway Lighting Any hallway or lobby area or other common area shall be free
of garbage or debris, and shall be illuminated in accordance with JMC §8.01.087
and the International Building and Fire Code.
3. Common Area Entr /y Inspection Upon request, the hotel/motel must make any
common areas/or parking areas of the hotel/motel available to any member of the
Jacksonville Police Department and Jacksonville Code Enforcement for the
purpose of determining that the provisions of this chapter are met. Refusal to allow
such inspection immediately is a violation of this chapter.
K. Lost or Abandoned Property: Any property left in a guest room by a person or party that
has checked out shall be removed by the operator of the hotel/motel and stored or otherwise
disposed of in accordance with applicable laws.
L. Inspections: To ensure ongoing compliance with this chapter and any other federal, state,
or local laws and regulations, the City of Jacksonville's Code Enforcement, Police
Department, Fire Department, Public Works Department, and/or City Attorney
(collectively "City Personnel") may require period inspections of a hotel/motel's premises,
(including any required guest register), and/or surveillance footage. Nothing in this section
shall prevent City Personnel and a hotel/motel operator from working together to schedule
a mutually agreeable date and time to minimize disruption to the hotel/motel's business
and operations.
1. Except as otherwise provided in this section, City Personnel shall serve a written
inspection notice on the operator in accordance with JMC § 1.16.010.
2. Notwithstanding above, an inspection notice is not necessary if,
a. The operator of the hotel/motel consents to an inspection of the
hotel/motel's premises, records, surveillance footage, and/or the guest
consents to the inspection of his, her, or their individual guest room;
b.The inspection is being conducted pursuant to a court issued subpoena or
search warrant;
c. The inspection is being conducted in response to exigent circumstances,
such as a reasonable belief that the area being inspected is so hazardous,
unsafe, or dangerous as to require immediate inspection to safeguard the
public health or safety; and/or
d.The inspection is limited to parts of the hotel/motel's premises that are open
to the public for conditions that City Personnel can observe in plain view,
such as the hotel/motel's parking lot and lobby.
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-- SECTION FIVE: JMC § 5.09.050 — Additional Requirements of Long -Term Stay Hotels,
shall be created to read as follows:
No long-term stay hotel may be established or operated except as specifically permitted by a
conditional use permit approved pursuant to Title 18 of the Jacksonville Municipal Code.
The following requirements shall apply to every long-term stay hotel in the City:
1. A long-term stay hotel shall be specifically designed and operated primarily to
accommodate long-term guests whose length of stays vary from several days to a month
or more.
2. The hotel shall be of an architectural and visual quality and character, which harmonizes
and enhances the surrounding area.
3. Fireproof safety deposit boxes must be available to all of the occupants.
4. All guest rooms shall provide wireless computer connections
5. The hotel shall provide a business/conference center with private or semi -private work
spaces, wireless service, telephones, and access to a fax machine and photocopier.
SECTION SIX: JMC § 5.09.060 — Amortization of Legal Nonconforming Conditions.,
shall be created to read as follows:
Conditions that existed as of the effective date of this ordinance and that were legal and fully
conforming to all state and local laws, codes, and regulations immediately prior to the Effective
Date, but which do not conform to this chapter, must be brought into compliance with this chapter
by the following deadlines:
1. For changes in hotel/motel operations — within ninety (90) days of the effective date; and
2. For changes that require physical improvements to the property and/or structures — one (1)
year of the effective date.
A hotel/motel may file a written request for an extension of these amortization periods. The Code
Enforcement Office may grant a request for an extension if it is found that:
1. The extension will not pose a risk to the public safety, health, and welfare; and
2. The hotel/motel has exercised due diligence in making progress towards bringing the non-
conforming condition into compliance with this chapter. A hotel/motel may request more
than one extension, but the maximum cumulative length of any single extension or
combination of extensions is one (1) year.
SECTION SEVEN: JMC § 5.09.070 — Enforcement, shall be created to read as follows:
I. The Jacksonville Code Enforcement office and/or the Jacksonville Police Department are
responsible for enforcement of the terms of this Ordinance. Alleged violators shall be cited
into Jacksonville District Court (or another court of proper authority and jurisdiction for
adjudication of alleged violators). As well, affidavits of warrant may be issued through the
City Attorney's office for alleged violation(s);
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^' 2. Any person operating or causing to be operated any hotel or motel in violation of any part
of this Ordinance, upon conviction, is punishable by a fine of no less than One Hundred
Dollars ($100.00) not to exceed Five Hundred Dollars ($500.00) per violation;
3. If the violation is, in its nature, continuous with respect to time, the penalty for allowing
the continuance thereof is a fine no less than One Hundred Dollars ($100.00) and no more
than One Thousand Dollars ($1,000.00) for each day that the same act or violation is
unlawfully continued;
4. A person who operates or causes to be operated a hotel or motel in violation of this
Ordinance will be subject to prosecution of any alleged violation of the terms of this
Ordinance, suit for injunctive relief as filed by City officials, as well as prosecution for any
criminal violations which may be applicable;
5. In the event the property is determined to be a nuisance under Arkansas Code Annotated
§§ 5-74-109, 14-54-1502, and 16-105-402, or used for prostitution as defined by ACA §
5-70-102, a petition will be filed with the Jacksonville Criminal Nuisance Abatement
Board to seek abatement against the property; and
6. Any violation of this chapter may result in revocation or suspension of the hotel/motel's
business license in accordance with JMC § 5.04.140.
SECTION EIGHT: All Ordinances, parts of Ordinances, or previous actions taken by said
Council in conflict herewith are hereby repealed to the extent of such conflict.
SECTION NINE: This Ordinance, necessary for the continued efficient delivery of public
services and for the benefit, health, safety, and welfare of the citizens of Jacksonville, should be
implemented immediately to all applicable current and future businesses. Therefore, an emergency
is hereby declared, and this Ordinance shall be in force and effect from and after its date of passage.
APPROVED AND ADOPTED THIS 20th DAY OF JUNE, 2024.
CITY OF JACKSONVILLE, ARKANSAS
ATTEST:
SUSAN DAVIT , CITY CLERK
FF ECM -ORE, MAYOR
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APPROVED AS TO FORM:
STEPHA E FRIEDMAN, CITY ATTORNEY