[HISTORY: Adopted by the Township Committee of the Township of Egg Harbor 12-9-1987 by Ord. No. 61-1987. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The place where a person has a true, fixed and permanent home and principal establishment and to which, whenever absent therefrom, there exists an intention to return.
- The holder of the license to conduct a motel business.
- A building or buildings containing multiple units of dwelling space where sleeping or dwelling accommodations are available to transient occupants.
- MOTEL UNIT
- A room or suite of rooms in a motel occupied or designed for temporary living or sleeping purposes and containing closet space and a bathroom.
- PERMANENT RESIDENCY
- Actual and physical occupancy of a dwelling space by persons with intent to remain indefinitely and to establish a domicile therein.
- Any person who actually and physically occupies a dwelling with an intent to remain indefinitely and to establish a domicile therein.
- TRANSIENT OCCUPANT
- A person physically occupying a motel unit and having a principal residence elsewhere.
Permanent residency at motels is prohibited.
Motel units shall be rented only for the use of transient occupants and shall not be used for occupancy on any permanent basis. No such occupant shall be deemed to be a resident therein. Nothing in this section shall apply to an employee of the licensee required to live on the premises, provided that there is compliance with this chapter and all other laws, statutes, regulations and ordinances.
There shall be a minimum usable floor area of 50 square feet for each occupant of a motel unit. In motel units provided with cooking and eating facilities by the licensee, there shall be a minimum usable floor area for the initial occupant of 150 square feet and 100 square feet of additional space for each additional occupant. These minimum requirements are subject to the proviso that children under the age of two shall not be considered additional occupants.
Each licensee shall maintain on the motel premises a complete register of all rentals therein which lists, by unit number, the true name and permanent address of each person to occupy that unit, the date of arrival and the date when the occupant or occupants of each motel unit quit and surrender the same.
No person shall occupy and no licensee shall permit any person to occupy any motel unit on the licensed premises unless each person or the head of the party who is to occupy the motel unit shall first display to the licensee or to a duly authorized agent or employee of the licensee in charge of the register written evidence of this identity and residence.
The register shall be kept and preserved by the licensee for three years and shall be available on request at any time to any code enforcement officer of the Township.
Cooking and the use of cooking appliances shall be prohibited in all motel units, unless the licensee has specifically equipped the unit with cooking facilities.
The keeping of animals/pets in motel units or on motel premises by guests is prohibited, unless the licensee expressly permits such animals/pets on the motel premises; provided, however, that such animals/pets shall not cause unreasonable noise, noxious or foul odors nor be the cause of any sickness hazardous to public health.
[Amended 4-12-2006 by Ord. No. 20-2006]
Violation of any provision of this chapter shall, upon conviction thereof, be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Each and every violation shall be considered a separate violation. Any person who is convicted of violating the provisions of this chapter within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this chapter.
Any license to conduct a motel business issued by the Township may be revoked by the Township Committee after notice and a hearing for any knowing violation of this code by the licensee or a duly authorized agent or employee of the licensee in charge of the motel operation.
Notice of a hearing for the revocation of a license to conduct a motel business shall be given in writing by the Township Clerk. The notice shall specifically set forth the grounds upon which the proposed revocation is based and the time and place of the hearing. It shall be served by mailing a copy to the licensee at his last known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.
At the hearing, the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses on his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The Township Committee shall revoke or suspend the license if it is satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged.
The Township Committee may issue another license to conduct a motel business to a person whose license has been revoked or denied as provided in this section if, after a hearing, it is satisfied by clear and convincing evidence that the acts which led to the revocation will not occur again; otherwise, no person whose license to conduct a motel business has been revoked nor any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity.