The purpose of this chapter is to provide for a standard of
use and maintenance of motel, hotels and inns maintained within Middletown
Township and to encourage the operational reliability of such facilities
by requiring regulations, standards and annual inspections and licensing
of the same as necessary to protect and promote the public health,
safety and welfare of the residents of Middletown Township.
As used in this chapter, the following terms shall have the
meanings indicated:
ACCOMMODATION
The room, unit, or space provided to transient guests for
lodging or sleeping, including furnishings and other accessories therein.
CALLS FOR SERVICE
A.
The total number of calls to the Delaware County 911 Center,
law enforcement, emergency medical services and/or the Fire Department
resulting in a request for a Police, Fire or Emergency Services Department
representative to be dispatched or directed to the property when those
responses:
(1)
Result in a representative being dispatched or directed to the
property;
(2)
Allege evidence of criminal activity;
(3)
Result in an arrest, charge or citation; or
(4)
Find an imminent threat to safety of persons or property.
B.
"Calls for service" shall not include calls to law enforcement
made by employees or agents of the hotel property itself, nor for
traffic citations in which the hotel, motel, or tourist home is used
as the address for the citation. It shall also not include calls for
service to law enforcement specific to domestic violence.
HOTEL, MOTEL or INN
Include a building or group of buildings containing 10 or
more guest rooms/accommodations, or a group of such buildings especially
designed for the temporary lodging of transient guests, provided that
no room shall have cooking facilities of any kind. Such establishment
shall furnish to the occupants customary services, such as maid services
and the furnishing and laundering of linen. Eating and drinking facilities
may be accessory to the hotel, motel or inn.
LICENSE
The annual license required herein for the operation of a
hotel, motel or inn within the Township. A holder of a license under
this chapter shall be referred to herein as a "licensee."
NOTICE
Any written notice by, from or on behalf of the Township
notifying the owner, operator or agent of the owner or operator that
they are in violation of this chapter and directing them to cure or
fix the violation.
NUISANCE
Includes but not be limited to the following:
A.
Existing violations of building, electrical, mechanical, plumbing, zoning, health, fire or other applicable regulatory codes, including, but not limited to, Chapter
89 of the Township Code;
B.
Existing factors constituting a public nuisance under the provisions
of the Township Code;
C.
A pattern or practice of guest conduct which is in violation
of the law or interferes with the health, safety and welfare of the
guests and/or persons on or near the premises; or
D.
Failure to maintain the grounds and exterior of the premises,
including allowing litter, debris, or refuse to exist on the premises
outside of proper repositories or to blow onto or be deposited upon
adjoining properties.
RECEIPT OF NOTICE
Receipt of the notice required herein shall be the date of
mailing said notice, or, if applicable, posting of the notice on the
property in question, whichever is earlier.
TOWNSHIP
The Township of Middletown, Delaware County, Pennsylvania.
No person shall operate a hotel, motel or inn within the Township
without first obtaining an annual license issued by the Township.
A. Applications for licenses and/or renewals thereof shall be made to
the Township Manager or his/her designee, on forms provided by the
Township Manager or his/her designee (the "application"). The completed
license renewal application form, along with payment of required fees,
must be filed by the licensee with the Township Manager or his/her
designee no less than 60 days before the expiration of the current
license to obtain a decision on the license renewal application prior
to the expiration of the current license and to avoid license renewal
late fees.
B. The annual fee for the license required by this chapter shall be
calculated using the fee schedule adopted by resolution of the Township
Council of the Township of Middletown. The Township may enforce payment
by any lawful means, including, but not limited to, a civil suit,
an order to show cause, a lien assessed against the dwelling, the
structure, or real property to which the fee(s) pertain, and by denying
or suspending a license as provided in this chapter.
C. The Township may impose reasonable conditions upon the issuance of
any license as necessary to promote and protect the health, safety
and welfare of Township residents.
In addition to all other remedies provided for in this chapter
or by any other local ordinance, state statute, or federal law, the
following shall apply when a hotel, motel or inn is operating in the
Township without first obtaining a valid license as required herein:
A. Order to vacate. Failure to have a current, valid license subjects the hotel, motel or inn to be ordered vacated as provided in §
133-12 hereof until a valid license is issued.
B. Failure to vacate. In addition to any other remedy available to the Township under law, including Township ordinances, a licensee, owner or lessor of the hotel, motel or inn who fails to comply with an order to vacate after having been given notice of an order to vacate under this chapter is subject to the penalties set forth in §
133-14. Further, each day that the licensee, owner or lessor fails to comply with the order to vacate after the date indicated on the notice constitutes a new violation.
C. In addition to any other remedy available to the Township at law or in equity, a hotel, motel or inn owner or operator who rents an accommodation to any guest, customer, lessee or renter without first obtaining a license as required under this chapter shall be subject to penalties as set forth in §
133-14A and
B herein.
D. Abatement of rent. Where there is no current, valid license, no financial
compensation shall be charged, accepted, retained or recoverable by
the owner, operator or lessor of the hotel, motel or inn for the period
where no current, valid license existed. This abatement shall not
be retroactively eliminated regardless of whether there was subsequent
compliance.
Any applicant or licensee who is aggrieved by the decision or
determination of the Middletown Township Council may, upon payment
by the appellant of any reasonable costs incurred by the Township
in certification of records related to the proceedings, appeal to
the Delaware County Court of Common Pleas within 30 days of the date
of the issuance of the determination or decision thereof.
Where a current, valid license is not in effect for a hotel,
motel or inn for any reason under this chapter, the Township Manager
or his/her designee may issue an order to vacate to the owner and/or
owner's legal agent. The order to vacate may be held in abeyance
for up to 45 days if there are no conditions on the property posing
a hazard to life, limb, property or safety of the occupants or the
general public and the owner makes application in compliance with
this chapter.
The following rules, regulations and conditions shall be observed
by each licensee:
A. Exits. All interior hallways shall have at least two exits, provided
that one such exit may be an emergency-type exit or fire escape. All
exits shall be clearly marked.
B. Condition of premises; inspections. All premises shall be kept in
a clean condition and in good repair. All bed sheets, pillow slips,
towels and washcloths shall be replaced by clean items before any
new guest occupies an accommodation unit previously occupied by another.
Township Code Officials, the designee(s) or other qualified individual
may inspect any hotel, motel or inn at any time, provided that no
inspector may enter any accommodation unit rented to a guest or guests
without the expressed consent or invitation of at least one of the
guests occupying the accommodation unit.
C. Register. The management of each hotel, motel or inn shall keep a
register of guests.
D. Hotel, motel or inn registration; security register. Every licensee,
owner or operator 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.
(1) Said licensee, owner or operator (or agent thereof) shall verify
the credit card signature of each guest or lodger making payment by
way of credit card with the signature inscribed upon the 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.
(2) Said licensee, owner or operator (or agent thereof) shall require
identification of any guest or lodger paying in cash 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 licensee, owner or operator (or agent thereof)
shall maintain a photocopy of such identification and transpose the
identifying information in the registration ledger.
(3) For any guest or lodger taking occupancy through a prearranged reservation
in the name of a corporation, business, association or any other entity,
the licensee, owner, or operator (or agent thereof) 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.
(4) Before furnishing any lodging or accommodations to any person in
any hotel, motel or inn, the licensee, owner or operator (or agent
thereof) shall require the person to whom such lodgings are furnished,
or room is rented or accommodations furnished, to inscribe his or
her name in 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.
E. Management person to be on duty. Every licensee, owner or operator
(or agent thereof) of any hotel, motel or inn shall, at all times
during which the premises accommodate guests or lodgers, maintain
on duty a responsible management person. Such management representative
shall be an individual capable of assisting and cooperating with the
police or other law enforcement officials in maintaining the public
health, safety and welfare.
F. Access for law enforcement persons. All information required to be
procured and kept pursuant to this section 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 a representation by
said officer that a reasonable suspicion exists that such information
is relevant to a then-pending inquiry or investigation. 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.
G. Telephone required. Every licensee, owner or operator of any hotel,
motel or inn shall keep and maintain in each and every accommodation
unit a telephone equipped for outgoing calls, and which telephone
will allow any person therein to place a direct call to 911 or appropriate
emergency service personnel. 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. However, 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.
H. Misrepresentation. No person shall procure or provide lodging in
any hotel, motel or inn, or any services therefrom, through misrepresentation
or production of false identification or identification which misrepresents
the identity of the person procuring or sharing in such lodging or
service.
I. Number of guests or lodgers. No licensee, owner or operator (or agent
thereof) 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.
J. Number of persons congregating in a room. No licensee, owner operator
(or agent thereof) or guest (or invitee of a guest) of any hotel,
motel or inn shall allow to congregate within any room or single accommodation
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.
K. Length of stay. 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 without demonstration
to the Township Code Official of a reasonable reason therefor, nor
can the guest or lodger utilize the hotel, motel or inn as their primary
residence.
In the event that any person, partnership, corporation or other
legal entity violates the provisions of this chapter, the Township
may take any or all of the following actions as it may deem necessary
to enforce the provisions of this chapter:
A. Commence a summary enforcement proceeding before the Magisterial
District Justice against the licensee, property owner(s) and/or operator
of the hotel, motel or inn, and, upon conviction thereof, be punishable
by a fine of up to $1,000 for each violation thereof. Violators shall
also be responsible for court costs and reasonable attorneys'
fees of the Township, as permitted by law. Each and every day in which
a person shall be in violation of this chapter shall constitute a
separate offense.
B. In addition to all other remedies and penalties provided by this
chapter and other provisions of the Township Code, the Township Solicitor
may 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 and other appropriate temporary relief. Nothing in this
chapter shall be deemed to restrict a suit for damages on behalf of
the Township or on behalf of any other person or entity.