[HISTORY: Adopted by the Township Council of Horsham Township 8-23-2021 by Ord. No. 2021-10. Amendments noted where applicable.]
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 or group of buildings containing five or more
guest rooms, or a group of such buildings designed for the temporary
lodging of transient guests. A hotel, motel, or inn is not an agricultural
labor camp, apartment house, apartment, boarding house, or similar
place of permanent personal residence, rooming house, hospital, nursing
facility, or college dormitory. For the purposes of this chapter any
reference to a hotel shall include hotels, motels, and inns.
The number of guests per room as determined by the number
of beds, provided that the calculation of sleeping accommodations
shall include no more than one person per standard bed and no more
than two people per queen- or king-sized bed, and further provided
that no rental unit shall provide more than two beds per room.
A room or suite within a hotel, motel or inn that is used
by its occupants but is not the primary or principal residence of
its occupants.
Township of Horsham, Montgomery County, Pennsylvania.
A person renting a room or suite in a hotel, motel, or inn
for a period of not more than 30 days.
No person shall operate a hotel the Township without first obtaining
a license. Applications for licenses shall be made to the Township
Manager or his designee, on forms provided by the Township. The annual
license fee shall be as set forth in Township fee schedule. The Township
Manager shall furnish copies of the application to the Code Enforcement
Department, Fire Marshal and to the Police Department. The permit
fee shall be incorporated into Township fee schedule and reviewed
on an annual basis. If, upon report by the Code Enforcement Department,
Police Department and Fire Marshal's office, it appears that
the proposed hotel will comply with all applicable Township ordinances
and commonwealth laws, the Township shall issue the license.
All hotel interior hallways shall have the number of exits required
by the Township building codes, but in no event shall there be less
than two clearly marked exits. One exit may be an emergency-type exit
or fire escape. All exits shall be clearly marked. The number and
design of the exits and exit signs shall be in compliance with all
applicable Township building codes.
A.
All hotels hallways shall be kept in a clean condition and in good
repair. Hotels shall offer daily maid service. All bed sheets, comforters,
pillowslips, towels and washcloths shall be replaced by clean items
before any new guest occupies a room previously occupied by another.
Glasses, mugs, and flatware must be replaced with clean, sanitized
items.
B.
Representatives of the Police Department, Code Enforcement Department
and/or Fire Marshal office may inspect any hotel at any time, provided
that no inspector may enter any room rented to a guest or guests without
the expressed consent or invitation of at least one of the guests
occupying the room.
C.
Hotels shall be subject to inspection by the Township for conformance
to the International Property Maintenance Code, 2015 edition (and
all successor editions) and International Fire Code, 2015 edition
(and all successor editions) and all other codes and ordinances of
Horsham Township, including this chapter. Inspections shall include
all common areas, guest rooms, and nonpublic areas.
A.
Every owner or proprietor of any hotel shall maintain physical or
electronic records of all guests procuring a room or suite. The hotel
owner or proprietor shall inform guests, in writing, that the identity
of guests is not private and will be provided to law enforcement officers
upon request. The hotel owner or proprietor shall require of all guests
a valid and current government issued photo identification (i.e.,
driver's license passport, Real ID, etc.) or other form as will
reasonably assure that the registrant is, in fact, the person under
whose name the room or suite is being procured. The hotel owner or
proprietor shall maintain a photocopy of such identification. 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.
B.
Guest rooms shall not be rented to a person under 18 years of age.
Every hotel owner or proprietor shall, at all times during which
the hotel accommodates guests or lodgers, maintain on duty a responsible
management person or persons who shall be on site at all times. 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, welfare and safety and shall be
conversant in the English language.
All information required to be procured and kept pursuant to § 118-6 of this chapter shall be provided to any federal, state or local sworn law enforcement officer having the lawful power to arrest, upon request of the law enforcement officer or agency. Nothing in this requirement shall be construed as giving any such law enforcement officer any greater right or license to enter a room or invade privacy than the law enforcement officer or agency shall otherwise possess.
Every hotel owner or proprietor 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, the Township Police Department or the Township Fire Department.
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, prepayment, prior authorization or any other procedure which
in any way impedes or delays effective, immediate and direct placement
of such emergency phone call is prohibited.
No person shall procure or provide lodging in any hotel, 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.
No hotel owner or proprietor shall rent or provide a room for
any number of persons greater than the sleeping accommodations provided
within the particular rental unit.
No hotel owner or proprietor or guest of any hotel shall allow
to congregate within any room or single rental unit a number of persons
which is greater than two times the number of persons for whom sleeping
accommodations are provided within the single room or rental unit.
As the intent of a hotel, motel or inn is to provide temporary
lodging for transient guests, under no circumstances shall any guest
use the hotel as his or her primary residence. In the event the stay
of a guest exceeds 30 consecutive days, the guest shall provide proof
of a permanent residence other than the hotel.
Any person or entity who violates any of the provisions of this
article, upon conviction before a District Magistrate, shall be fined
not less than $400 and not more than $1,000 for such violation. Whenever
any violator shall be notified by a representative of the Township
or by service of summons or prosecution or in any other way that such
violation has been committed, each day that the violation shall continue
in such violation shall constitute a separate offense punishable by
fine or penalty.
In addition to other remedies and penalties provided by this
chapter and other ordinances, including building and property maintenance
codes, 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.
All other ordinances or part of ordinances in conflict are hereby
repealed.
The provisions of this chapter are severable, and if any section,
clause, sentence or part or provision thereof shall be held illegal,
invalid or unconstitutional, the decision of the court shall not affect
or impair the remaining parts of provisions of this chapter.
This chapter shall be effective five days after enactment.
