[HISTORY: Adopted by the Borough Council of the Borough of
Palmyra 8-22-2017 by Ord. No. 778. Amendments noted where applicable.]
GENERAL REFERENCES
Construction codes — See Ch.
145.
Property maintenance — See Ch.
270.
Solid waste — See Ch.
305.
Subdivision and land development — See Ch.
318.
As used in this chapter, the following terms shall have the
following meanings, unless the context clearly indicates that a different
meaning is intended:
BED-AND-BREAKFAST
A bed-and-breakfast establishment as defined in Chapter
380, Zoning. A bed-and-breakfast shall not be considered a hotel, inn, or motel under this chapter and shall not be subject to the regulations of this chapter.
BOROUGH
Palmyra Borough, Lebanon County, Pennsylvania.
BOROUGH MANAGER
The duly appointed manager of the Borough or a person designated
by the Manager to administer this chapter.
HOTEL
A building having five or more rental rooms without cooking
facilities for transient paying guests, and not meeting the definition
of a "motel."
INN
A building having two or more rental rooms without cooking
facilities for transient paying guests and not meeting the definition
of "hotel" or "motel."
MOTEL
A building or group of two or more detached or semidetached
buildings having five or more rental rooms without cooking facilities
in direct or close connection with automobile parking, designed principally
for providing sleeping accommodations for automobile travelers and
suitable for occupancy at all seasons of the year.
No person shall operate a hotel, motel or inn within the Borough
without first obtaining a license. Applications for licenses shall
be made to the Borough Manager, on forms provided by the Borough.
The annual license fee shall be established by resolution by Borough
Council. No application shall be considered complete without payment
of the required fee or without proof that the applicant has a valid
contract for collection of refuse and recyclable materials. The Borough
Manager shall furnish copies of the application to the Borough Code
Enforcement Officer and Fire Marshal. The applicant shall then make
arrangements with the Borough Code Enforcement Officer for the Borough
Code Enforcement Officer to conduct an inspection of the hotel, motel
or inn and the interior areas of all units therein. If, upon report
by the Borough Code Enforcement Officer or Fire Marshal, it appears
that the applicant hotel, motel, or inn has complied upon inspection
with all applicable federal and state laws and Borough ordinances,
the Borough Manager shall issue the required license. Such license
shall expire on the one-year anniversary of the date of its issuance.
The holder of such license shall apply to the Borough for a renewal
license at least 30 days prior to the expiration date of the license
and arrange for such annual inspection prior to the expiration date
of the license.
Each hotel, motel or inn shall provide means of egress in compliance
with building and fire code requirements as dictated by the current
edition of the International Code Council (ICC) codes made applicable
by the Pennsylvania Uniform Construction Code.
All premises shall be kept in a clean condition and in good
repair, which shall include collection and proper disposal of refuse
and collection of recyclable materials. All bed sheets, pillowslips,
towels, and washcloths shall be replaced with clean items before any
new guest occupies a room previously occupied by another, or at least
once every seven days if any guest occupies a room for any period
in excess of seven days. The Code Enforcement Officer and/or Fire
Marshal may inspect any hotel, motel or inn at any time to ensure
compliance with the provisions of this chapter, provided that no inspector
may enter any room rented to a guest or guests without the express
consent or invitation of at least one of the guests occupying the
room unless such inspector is in possession of a warrant permitting
access to such room.
A. Every owner, keeper or proprietor of any hotel, motel or inn shall
keep a register wherein all guests or lodgers shall inscribe their
names upon procuring lodging, a room or accommodations. Said owner,
keeper or proprietor shall verify the credit card signature of each
guest or lodger making payment by way of credit card with the signature
inscribed upon the hotel register. If the signature as inscribed on
the register does not appear to reasonably match the signature on
the credit card, further identification shall be requested of the
type requested of persons paying in cash. Said owner, keeper or proprietor
shall require identification of any guest or lodger paying cash or
by debit card at the time of registration. Identification shall be
in a valid and current format showing the person's name and date
of birth, and may be, but is not limited to, a driver's license,
state-issued picture identification card or such other form as will
reasonably assure that the registrant is, in fact, the person under
whose name such lodging, room or accommodation is being procured.
The owner, keeper or proprietor shall maintain a photocopy of such
identification and transpose the identifying information from the
registration ledger. For any guest or lodger taking occupancy through
a prearranged reservation in the name of a corporation, business,
association or any other entity, the owner, keeper or proprietor shall
request such identification of the specific guest or lodger at the
time of registration as will reasonably assure such person to be the
person for whom the lodging, room or accommodations have been procured.
The owner, keeper or proprietor may shred or destroy the photocopy
of the identification after the guest or lodger's stay has ended.
B. Before furnishing any lodging or accommodations to any person in
any hotel, motel or inn, the proprietor, manager or owner thereof
shall require the person to whom such lodgings are furnished or room
is rented or accommodations furnished to inscribe his or her name
on such register kept for that purpose, and shall set opposite said
name the time that said name was so inscribed and the room occupied
by such lodger or guest.
Every owner, keeper or proprietor of any hotel, motel or inn
shall, at all times during which the premises accommodate guests or
lodgers, maintain on duty and on the premises a responsible management
person. Such a management representative shall be an individual capable
of assisting and cooperating with the police or other law enforcement
officials in maintaining the public health, welfare, and safety, and
shall be conversant in the English language.
All information required to be procured and kept pursuant to this chapter shall be available to the Borough Code Enforcement Officer at the time of the annual inspection established in §
209-2 of this chapter. Additionally, information required to be procured and kept pursuant to this chapter shall be provided to any federal, state or local sworn law enforcement officer having the lawful power to arrest, upon demand of the officer and representation by said officer that exigent circumstances exist such that the information must be produced immediately to protect the public health, welfare, or safety. In the absence of exigent circumstances, or any other applicable exception to warrant requirements established as a matter of law, the owner, keeper or proprietor of any hotel, motel or inn shall produce such information upon the law enforcement officer presenting a warrant directing the production of such information. Nothing in this requirement shall be construed as giving any such officer any greater right or license to enter a room or invade privacy than the officer shall otherwise possess as a matter of common law, probable cause, constitutional law, statutory right, or warrant.
Every owner, keeper, or proprietor of any hotel, motel or inn
shall keep and maintain in each and every rental unit a telephone
equipped for outgoing calls, and which telephone will allow any person
therein to place a direct call to 911 or the Borough Police. The existence
of a minor dialing requirement, such as dialing 9 to obtain an outside
line, shall not be deemed a violation of this section. Under no circumstances
shall prepayment, prior authorization or any other procedure of any
nature which in any way impedes effective, immediate, and direct placement
of such emergency phone call be permitted.
No person shall procure or provide lodging in any hotel, motel
or inn, or any services therefrom, through misrepresentation or procedure
of false identification, or identification which misrepresents the
identity of the person procuring or sharing in such lodging or service.
No owner, keeper or proprietor of any hotel, motel or inn shall
rent or provide a room for any number of persons greater than the
sleeping accommodations provided within the particular rental unit.
No guest or lodger of a hotel, motel, or inn shall allow more persons
to stay overnight within a single room or rental unit than the number
of persons for whom sleeping accommodations are provided by the hotel,
motel, or innkeeper within the single room or rental unit. Notwithstanding
the foregoing, children age 17 and under sleeping on a rollaway bed
or similar item placed in a room shall not be considered a violation
of this section.
No owner, keeper, proprietor or guest of a hotel, motel or inn
shall allow to congregate within any room or single rental unit a
number of persons which is greater than three times the number of
persons for whom sleeping accommodations are provided within the single
room or rental unit.
A. As the intent of a hotel, motel or inn is to provide temporary lodging for transient guests, under no circumstances shall lodging be provided for more than 30 consecutive days to any one party (subject to the exception set forth at Subsection
B hereof), nor can a guest or lodger utilize the hotel, motel or inn as their primary residence.
B. Maintenance of lodgings in excess of 30 days.
(1) However, any guest maintaining lodgings in excess of 30 consecutive days and any hotel, motel or inn providing such lodgings shall not be deemed to be in violation of the provisions of §
209-12A of this chapter if the guest furnishes proof to the hotel, motel, or innkeeper that:
(a)
The guest maintains a primary residence elsewhere; and
(b)
The employer of the guest (or the guest himself or herself,
if the guest is self-employed or if the guest is an independent contractor)
states, in writing, that:
[1]
The guest requires a stay of extended duration at the hotel,
motel, or inn for work or contracting purposes, and identifying the
nature and location of such work or contracting purpose; and
[2]
The guest's anticipated length of the stay (which shall
not exceed 365 days).
(2) The owner, keeper, or proprietor shall require the guest to complete and furnish such paperwork as may be reasonably necessary to comply with this provision, and failure of the guest to comply shall be grounds for termination of the guest's stay or lodging. Under all circumstances, the provisions contained in this Subsection
B may not be used to extend a guest's stay in a hotel, motel, or inn in excess of 365 consecutive days from the date of initial check-in.
C. The provisions of §
209-12A of this chapter shall not be applicable with respect to any person maintaining lodgings in excess of 30 consecutive days if the unit which such person occupies:
(1) Has a floor area of at least 375 square feet;
(2) Has kitchen facilities consisting of a refrigerator of at least a
7.5 cubic feet or larger, cooktop and oven, and sink with hot and
cold running water; and
(3) Complies with all other the requirements of this chapter and any
other applicable Borough ordinances.
D. The provisions of this §
209-12 shall not be applicable with respect to any person residing at a hotel, motel or inn as his or her primary residence on or prior to the date of the enactment of this chapter if the name of such person has been provided to the Borough, in writing, from the owner of the hotel, motel or inn, which writing is signed and acknowledged by the owner.
Before any person shall occupy, inhabit, or use any hotel, motel
or inn or any part thereof, such owner, keeper or proprietor of a
hotel, motel or inn shall install or cause to install therein a smoke
detector system which shall be in compliance with the requirements
of all federal and state laws and Borough ordinances which provide
for the installation and maintenance of smoke, fire or other safety
alarms or systems.
A. Any person, partnership, corporation or other legal entity violating
the provisions of this chapter shall, upon summary conviction, be
liable to pay a fine of no more than $1,000 plus the cost of prosecution,
including the Borough's attorneys' fees, and to be incarcerated
for a period not to exceed 30 days for each offense.
B. Neither the owner, keeper or proprietor of a hotel, motel or inn
or any guest of a hotel, motel or inn shall be deemed to be vicariously
liable for any violation of this chapter by the other. Each party
shall be subject to separate prosecution hereunder.
C. Each day that a violation of this chapter continues shall constitute
a separate and distinct offense.
In addition to other remedies and penalties provided by this
chapter and other ordinances, the Borough Solicitor may, on behalf
of the Borough, bring suit in a court of competent jurisdiction to
seek an injunction or other appropriate relief, to halt any violation
of this chapter. Such action may include seeking a temporary restraining
order or temporary injunction, including but not limited to relief
in the form of the suspension of the hotel, motel, or inn license
pursuant to court order and such other appropriate temporary relief
as necessary. Nothing in this chapter shall be deemed to restrict
a suit for damages on behalf of the Borough or on behalf of any other
person or entity.