[HISTORY: Adopted by the Town Board of the Town of Rockland 3-15-2018 by L.L. No.
2-2018.[1] Amendments noted where applicable.]
This chapter shall be known as the “Town of Rockland Motel
and Hotel Law.”
This chapter is intended to promote and protect the public health,
safety and welfare of the people of the Town of Rockland by establishing
regulations designed to prevent facilities such as motels and hotels
providing transient lodging accommodations to the general public from
evolving into places of permanent or indefinite occupancy.
As used herein, the following words and phrases shall have the
meanings below set forth:
The duly appointed Code Enforcement Officer of the Town of
Rockland.
Living and sleeping quarters for a person or persons.
An individual less than 18 years of age.
Establishments providing transient lodging accommodations
to the general public with or without additional services such as
restaurants, meeting rooms and recreational facilities.
Any individual, firm, owner, sole proprietorship, partnership,
corporation, limited liability company, unincorporated association,
agent, occupant or other entity.
The Town of Rockland.
A person who occupies a motel room, hotel room or lodging
unit for less than 30 days.
Each motel room, hotel room or lodging unit shall be numbered
in a plain and conspicuous manner. No two motel rooms, hotel rooms
or lodging units shall bear the same number.
A.
Every person
operating any motel or hotel in the Town shall at all times keep and
maintain therein a record, either electronic or in a book/register
inscribed with ink, of the name and valid address or each adult guest
or person hiring or occupying a motel room, hotel room or lodging
unit. The names of all minors shall also be recorded, regardless of
whether or not they are accompanied by an adult. Such book or register
shall be signed by the person hiring the motel room, hotel room or
lodging unit and identify the unit number of the motel room, hotel
room or lodging unit assigned to and occupied by such person, together
with the date and time of when such motel room, hotel room or lodging
unit is hired. Until such time as the aforesaid entries and signatures
have been made, no guest shall be permitted to occupy any such motel
room, hotel room or lodging unit.
B.
At the
time the occupant of any motel room, hotel room or lodging unit so
hired shall quit and surrender the same, the date and time of thereof
shall be entered in the register next to the entry made at the time
such motel room, hotel room or lodging unit was hired.
It shall be unlawful for any person to write or enter, or cause
to be written or entered, or knowing permit to be written or entered
in any guest register any other or different name or designation than
the true name of the person registered therein. Photographic identification
or other recognized form of identification shall be required to be
produced at the time of registration.
It shall be unlawful for any person to obtain lodging for himself
or any other person in any motel room, hotel room or lodging unit
for illegal or unlawful purposes, or for the proprietor, manager or
other person in charge of such motel or hotel to let, assign or permit
any person to occupy any motel room, hotel room or lodging unit with
knowledge that they intend to occupy the same for any illegal or unlawful
purpose.
It shall be unlawful for any person to let any motel room, hotel
room or lodging unit more than once between the hours of 8:00 p.m.
and 6:00 a.m. of the next day.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
It shall be unlawful for any person to hire and/or occupy any
motel room, hotel room or lodging unit for longer than 30 days in
a sixty-day period. It shall also be unlawful for the owner, operator,
manager or other person in charge of a motel or hotel to permit or
allow a person to let and/or permit occupancy of any motel room, hotel
room or lodging unit by the same person or persons in excess of 30
days in a sixty-day period. However, a stay in excess of 30 days in
a sixty-day period may occur upon prior notice to the Code Enforcement
Officer where there is a written contract or document between the
motel or hotel and a business, corporation, firm, individual or governmental
agency to house employees or individuals who do not reside in the
Town and who are actually engaged temporarily in the performance of
the duties of their employment in the vicinity of the Town. A true
and complete copy of any such contract shall be provided to the Code
Enforcement Officer.
It shall be unlawful for any person to maintain, conduct or operate any motel or hotel in the Town unless a valid permit to do so has been issued pursuant to this chapter. The permit shall be posted in a public place and in a conspicuous location for viewing upon the motel or hotel premises. Proof of an applicable permit shall be the burden of the permittee. The aforesaid permit shall be in addition to any permit and/or approval that may be required pursuant to Chapter 185, Zoning, or the New York State Uniform Fire Prevention and Building Code.
The Code Enforcement Officer may request access to all records required to be maintained pursuant to this chapter, including, but not limited to, guest registers required pursuant to this chapter, for the purposes of investigating any complaint and enforcing this chapter. The person operating the motel or hotel may decline to provide access to such records pending precompliance review by the Town’s Zoning Board of Appeals. If precompliance review is desired, application for the same must be made, in writing, within five days of the date on which the Code Enforcement Officer requested access to the records. An application for precompliance review shall be treated in the same manner as an appeal from an order, requirement, decision, interpretation or determination of the Code Enforcement Officer pursuant to § 185-42A of Chapter 185, Zoning, of the Code of the Town of Rockland and shall be subject to the procedures set forth in § 185-43 of Chapter 185, Zoning, of the Code of the Town of Rockland. Nothing contained herein shall preclude the Code Enforcement Officer from obtaining access to such records by means of a duly issued subpoena or search warrant.
Any person desiring a permit required by this chapter shall
make application therefor, in writing, to the Code Enforcement Officer
on forms promulgated by the Code Enforcement Officer which shall state:
the name, if any, of the motel or hotel; the location and address
of the motel or hotel; the names and addresses (physical and mailing)
of the owners and operators of the motel or hotel, including the officers
and managers of any entity owners; the name and address (physical
and mailing) of any managing agent of the motel or hotel; and the
name and address (physical and mailing) of any person actually in
charge of the day-to-day operation of the motel or hotel. The application
shall also state the number of motel rooms, hotel rooms or lodging
units available for hire and any additional information the Code Enforcement
Officer may require. An application fee shall be paid to the Town
in such amount as shall be fixed from time to time by resolution of
the Town Board.
Upon receipt of a complete application for a permit pursuant
to this chapter, the Code Enforcement Officer shall investigate the
facts stated therein and shall cause an inspection to be done of the
premises that are the subject of the application to ensure that there
are no existing violations of applicable local, state or federal laws,
rules, regulations and codes pertaining to the premises.
If the Code Enforcement Officer determines from his investigation
and inspection that the facts set forth on the application are accurate
and the premises that are the subject of the application are in compliance
with all applicable local, state and federal laws, rules, regulations
and codes pertaining thereto, the permit shall be issued. Otherwise,
the permit shall be denied. If issued, the permit shall be valid for
one year from the date of issuance. The permit may be renewed annually
upon application for renewal and following investigation and inspection
as required for new permits pursuant to this chapter. If the Code
Enforcement Officer determines from his investigation and inspection
that the applicant and the premises are in compliance with this chapter
and all applicable local, state and federal laws, rules, regulations
and codes pertaining thereto, the permit shall be renewed for one
year from the date of expiration of the prior permit. Otherwise, renewal
shall be denied. A fee shall be paid upon issuance of each original
permit and upon approval of each annual renewal in such amount as
shall be fixed from time to time by resolution of the Town Board.
A permit issued under this chapter shall not be transferable.
A.
The Code
Enforcement Officer may at any time, after giving at least 15 days'
prior written notice and an opportunity to be heard, revoke or suspend
for such length of time as he may deem appropriate any permit applied
for or issued under this chapter for any of the following reasons:
B.
The notice
referred to above shall be sent by mail to the permittee at such address
given by him on the application and by delivery to a person of suitable
age and discretion in the office at the premises or by posting on
the door of such office, which shall constitute sufficient service
thereof.
The provisions of this chapter may be enforced by any police
agency, public agency, the Code Enforcement Officer or other officials
designated by the Town Board. The Town’s Code Enforcement Officer
is hereby authorized to issue appearance tickets to compel appearance
in the Town Justice Court with respect to violations of this chapter.
The Town may also seek injunctive relief in a court of competent jurisdiction
to compel compliance with the chapter and/or enjoin violation hereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
Any person who violates any provision of this chapter shall
be deemed guilty of an offense and, upon conviction thereof, shall
be punishable by a maximum fine of $250 or imprisonment for not more
than 15 days, or by both such fine and imprisonment. Each day that
a violation shall continue shall constitute a separate offense.
