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Cocoa Beach approves first reading of ordinance to curb vacation-rental party houses
Summary
The City Commission on first reading approved changes to Chapter 26.5 intended to prevent use of vacation rentals as party houses, clarify occupancy counts (excluding children under 2) and preserve an owner-occupied exemption; the measure passed 4-0 amid public debate over enforcement and guest rules during storms.
The Cocoa Beach City Commission on first reading approved Ordinance 16-98, a change to Chapter 26.5 of the city code aimed at preventing vacation rentals from operating as party houses and clarifying how occupants are counted. The ordinance passed on a 4-0 vote.
The measure revises occupancy rules to exclude infants under 2 years of age from counts and adds a mechanism for enforcement when groups exceed permitted occupancy. Development Services Director David Dickey presented the ordinance and told the commission the update is intended to address repeated resident complaints about noise, parking and garbage tied to short-term rentals.
The proposal drew extensive public comment. Riley Goldman, who identifies himself as a local short-term rental manager and said he manages more than 150 units, urged clearer, targeted enforcement tools and urged the commission to consider noise monitors rather than occupancy limits. “I have noise monitors in every single one of my units, and I immediately contact the guest,” Goldman said. He argued that enforcement statistics and data about complaints should inform policy changes.
Police Chief Wes Mullins said the ordinance would give police and code officers an additional enforcement tool. “It’s going to give us more teeth,” Mullins said, while noting practical limits on proving how long groups have been present and that enforcement will be complaint-driven.
Commissioners debated specific thresholds in the ordinance, including a provision that treats a person as an occupant if present at a property for more than 15 minutes; staff and the police chief said that number is adjustable and that officers would rely on discretion and observations when responding to complaints. Dickey noted the code already exempts owner-occupied properties: "The maximum occupancy restriction… shall not apply when the property is owner occupied by the vacation rental owner," he said.
Commissioners and staff also discussed storm-time enforcement. City legal counsel and outside counsel said the city can use emergency orders during declared emergencies to require vacation rental evacuations; staff recommended adding registration language that requires rental operators to follow evacuation notices and state and city emergency rules.
The ordinance passed first reading 4-0. Commissioners indicated the measure could return for a second reading with technical edits (for example, adjusting the time threshold) but said they wanted a tool to address recurring neighborhood complaints.
The vote followed a broad public discussion that included questions about equity between permanent residents and short-term rental operators, the practicalities of enforcement, and whether the city should require noise monitors or other equipment in rentals. The commission directed staff to prepare final language for second reading and to include a registration/acknowledgment provision about following evacuation orders.
