[HISTORY: Adopted by the Borough Council
of the Borough of Media 4-17-2008 by Ord. No. 1033.
Amendments noted where applicable.]
GENERAL REFERENCES
Food establishments — See Ch. 173.
As used in this chapter, the following terms
shall have the following meanings, unless the context clearly indicates
that a different meaning is intended:
A building having five or more rental rooms without cooking
facilities for transient paying guests, and not meeting the definition
of a "motel."
A building having two or more rental rooms without cooking
facilities for transient paying guests and not meeting the definition
of "hotel" or "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 Media Borough. The annual license fee shall be a base fee of $100
plus $25 per room or unit. The Borough Manager shall furnish copies
of the application to the Borough Code Enforcement Officer, Health
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, Health 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 Media 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. 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. Representatives of the Borough Health Department, Code Enforcement
Department 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 owners, 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 § 185-2 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 Media
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.
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 § 185-12A of this chapter if the guest furnishes proof to the hotel, motel, or innkeeper that:
(2)
The landlord 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 hotel, motel, or inn in excess of 365 consecutive days from the date of initial check-in.
C.
The provisions of § 185-12A 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 at least a 7.5
cubic foot or larger refrigerator, 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 § 185-12 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 law and Media 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 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 Media 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.
