A 2015 U.S. Supreme Court decision mandates that the City allow pre-compliance judicial review of police demands to inspect a guest registration system maintained by hotels, motels and other short-term rental businesses. Accordingly, the ordinance started out to address that legal issue.

During review of the current ordinance by the City Attorney’s Office and the Sparks Police Department, several provisions were found to be obsolete, outdated or undesired. The review also disclosed that newer forms of temporary housing had developed in the rental market place, including hotels and motels (such as the old Nugget Courtyard) which had been sold and the rooms therein converted into "apartments". Law enforcement expressed concerns that, under the current ordinance, such buildings were not required by law to maintain a registry of their occupants - many of whom were in rented units making weekly payments.

The proposed ordinance updates the Sparks Municipal Code to comply with the new U.S. Supreme Court decision. It also eliminates outdated and obsolete provisions and updates Chapter 5.52 to include electronic guest registration. Further, it applies the guest registration requirement to additional types of short-term rental properties that pose law enforcement concerns due to transient individuals renting rooms and small apartments.

The ordinance’s new provisions will assure compliance with the U.S. Supreme Court decision. By updating registration provisions to include electronic systems and cover recently created forms of temporary housing, the ordinance will aid law enforcement efforts to locate and apprehend wanted persons, thereby potentially reducing crime within the city.

A "do nothing" alterative will continue an outdated set of laws, including some that are not enforceable. The "do nothing" alternative exposes the City to a civil rights lawsuit by an owner of a rental property who desires to challenge police efforts to inspect the guest register maintained for the rentals. The alternative of approving the proposed ordinance will update the code provisions, assure its constitutionality and have beneficial effects on law enforcement, and is the preferred alternative.

No motion is required for the first reading of an ordinance.