As used in this chapter, the following terms shall have the
meanings indicated:
EXTENDED-STAY HOTEL/EXTENDED-STAY MOTEL
A facility offering transient lodging accommodations to the
general public in which, in addition to normal sleeping beds, some
or all of the rental units also provide cooking or kitchen facilities.
Cooking and kitchen facilities indicative of an extended-stay hotel
shall include any of the following: stove, microwave oven, dishwasher,
kitchen-type sink, disposal, refrigerator (intended for use by the
occupant for storing food and drinks), storage cabinets and vinyl
floor area typically found in a food preparation or eating area. An
extended-stay hotel unit may also include one or more separate attached
bedrooms and living areas.
HOTEL
A building in which lodging or boarding and lodging are provided
for more than 15 persons, primarily transient, or with more than 10
guest rooms offered to the public for compensation. Ingress and egress
to and from all rooms is made through an inside lobby or office supervised
by a person in charge at all hours. As such, it is open to the public,
in contradistinction to a boardinghouse, rooming or lodging house
or an apartment house, which are herein separately defined. A hotel
may include restaurants, taverns, club rooms, public banquet halls,
ballrooms and meeting rooms.
LODGING ACCOMMODATIONS
The paid public occupancy, by reason of concession, permit,
right of access, rental, or other agreement, by any person or persons
for a period of 30 consecutive calendar days or less, or a total of
no more than 60 calendar days within a period of 180 consecutive calendar
days.
MOTEL
A facility which offers transient lodging accommodations
to the general public, with access to guest rooms provided by exterior
or interior walkways.
OCCUPANT
Any person over one year of age, including an owner or operator,
living, sleeping, cooking or eating in, or having actual possession
of, a dwelling, dwelling unit, rooming unit, or sleeping room or hotel
unit.
Nothing in this chapter shall be deemed to include asylums,
correctional facilities, detention homes, group housing, hospitals,
jails, orphanages, prisons, transitional housing, transitional shelters,
sanitaria, or similar buildings or classifications, where human beings
are housed or detained under legal restraint, court order, or as part
of a treatment plan for a medical, physical, or mental condition.
The provisions of this chapter shall not apply to any motel
or hotel that meets the requirements of the definition of extended-stay
hotel/motel as presented in these regulations.
No occupant shall be permitted to stay in any room of a hotel
or motel:
A. In excess of 30 consecutive calendar days; or
B. In excess of 60 calendar days within a period of time of 180 consecutive
calendar days.
In any hotel or motel subject to the provisions of this chapter,
the following shall not be permitted within any room:
A. Cooking:
(1) Other than with microwaves provided by management.
(2) With cooking appliances, including but not limited to electric cookers,
gas-fired appliances, hot plates, or any other such device, provided
that:
(a)
This prohibition does not apply to cooking appliances provided
by management and the room is specifically designed for cooking in
accordance with the International Fire, Building and Property Maintenance
Code as adopted by the Town; and
(b)
Prior to such activity, if any such room is modified to meet
the standards of the International Fire, Building and Property Maintenance
Code as adopted by the Town to permit cooking, such modification has
been reviewed and approved by the appropriate Town staff.
C. Excess electrical appliances, including but not limited to computers,
televisions, video systems, floor heaters, air-conditioning units,
lights, or other items if, in the opinion of the Fire Marshal, such
items constitute a life threatening or life safety issue pursuant
to the Town Code or the Delaware State Fire Prevention regulations.
The owner of any hotel or motel subject to the provisions of
this chapter, shall assure that in each room a printed sign is posted,
by the owner or by management, that:
A. Sets for the rules and regulations set by the owner, or management,
if any, for occupation of the room; and
B. Sets forth the restrictions established in this chapter as to cooking,
storing of food items, or the use of excess electrical appliances;
and
C. Sets out the procedure for registering a complaint with the owner,
or management, as to maintenance, or health, safety and welfare complaints,
or problems, that any occupant may have with a particular room; and
D. Sets forth the maximum number of days that a particular room may
be occupied.
[Amended 10-28-2015 by Ord. No. 2015-16]
A. Any owner, operator, or occupant of a hotel or a motel who violates any provisions of this chapter shall pay such fines as set out in Chapter
1, Article
III, General Penalty.
B. Any owner, operator, person or persons convicted of a violation of this chapter shall be subject to forfeiture of the right to a business license, as outlined in §
130-9, and/or license suspension and revocation, for the facility deemed in violation of this chapter.
The Town reserves the right to seek any and all appropriate
relief, including the declaration of a public nuisance, available
to it by federal, state, or local laws, regulations, and ordinances.