This chapter shall be known as the "Campground Licensing Ordinance
of Elk Township."
The terms in this chapter shall have the same meaning as those defined in §
96-5.
No owner/operator shall lease a campsite or otherwise operate
a campground within the Township of Elk without first having obtained
a license under this chapter.
From the effective date of this chapter forward, no campground
shall permit the assembling of any permanent camping unit upon its
lands, nor shall any person live at the campground between December
1 and March 14 each year.
Licenses shall be in the form of a letter, signed by the Clerk
of the Township, stating that the applicant campground is entitled
to operate in accordance with its application for the period May 15
of the current year until May 15 of the following year.
All existing and new campgrounds shall conform to the requirements of the Unified Development Ordinance, specifically §
96-79E.
Campgrounds shall be open to members of the general public for
temporary recreational camping and not for residential use. No person
shall permanently occupy or establish residence at any campsite, including
those equipped for year-round use. The provisions of this section
shall not apply to the occupants of the owner or manager's residence.
Uses of campsites not in accordance with this subsection shall result
in the following:
A. The campground owner shall immediately exclude from the campground
any person attempting to use the campsite as a permanent residence.
B. The campground owner shall be liable, upon conviction, to pay a penalty
of not more than $500, and the person attempting to use a campsite
as a residence shall be liable, upon conviction, to pay a penalty
of not more than $250 for the first offense and $500 for each additional
offense. Each day the violation continues shall be considered a separate
offense punishable by a like penalty.
The Construction Code Official, Fire Official and the Zoning
Officer are the designated inspecting officers empowered to do all
inspecting required or permitted under this chapter.
Each campground shall pay an annual licensing fee in the amount
of $1.50 per campsite authorized for use.
[Added 4-7-2011 by Ord. No. O-3-2011]
A. For each and every violation of any provision of this chapter, the
owner or general agent of the building or premises where such violation
has been committed or shall exist, and the lessee, tenant or occupant
of a building or premises where such violations have been committed
or shall exist, or any other person who commits, takes part or assists
in such violation shall, for each and every day that such violation
continues, be subject to one or more of the following: a fine of not
more than $2,000 and not less than $100; a period of community service
not to exceed 90 days; or imprisonment for a term not exceeding 90
days. Any remedy shall include the power to order removal of any offending
structure, use or condition, and in default thereof, the power to
assess penalties for each day the condition is not abated or the required
removal is not completed.
B. In addition to the remedy or remedies hereinbefore provided, any
person, persons, company or corporation violating this chapter or
any provisions of a section thereof may be proceeded against by the
Township of Elk by appropriate action or by proceeding in equity,
or otherwise to enjoin any violation of this chapter, or to prevent
and enjoin any threatened violation of this chapter.
All prior ordinances or parts of ordinances inconsistent with
this chapter be and the same are hereby repealed to the extent of
such inconsistencies.
Should any section, clause, sentence, phrase or provision of
this chapter be declared unconstitutional or invalid by a court of
competent jurisdiction, such decision shall not affect the remaining
portions of this chapter.
This chapter shall take effect immediately upon final passage
and publication in accordance with law.