Port Hueneme Municipal Code Part C Limitation on Continuous and Cumulative Occupancy of Transient Hotels and Motels

The purpose of this Chapter is to ensure the continued use of transient hotels and motels in the manner intended by the City of Port Hueneme and to provide for enforcement of those provisions.

(Ord. 663 § 1 (part), 2006)

For purposes of this Chapter, the following words, phrases, and the derivations and variants thereof, shall have the meanings given herein and shall govern the construction of this Chapter:

"Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit or party.

"Transient hotel" means a facility offering transient lodging accommodations to the general public with access to guest rooms provided by interior corridors. All of the accommodations in a hotel shall be for the use of transients. For the purpose of this Chapter, transients shall be defined as any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, renting accommodations or by other agreement of whatever nature, for a period of thirty (30) consecutive calendar days or less, or if for a period of over thirty (30) inconsecutive calendar days, for a total of no more than sixty (60) calendar days within a one hundred eighty (180) consecutive calendar day period. Up to a maximum of five (5) percent of the total number of units can be occupied by guests that exceed these occupancy limits at any given time. If the number of allowable rooms under this maximum limit results in a fraction of a room, the next highest whole number of rooms shall be allowed. The limitations on occupancy shall not apply during a City proclaimed existence of a public emergency or natural disaster requiring the provision of emergency public shelter. Hospitals, sanitariums or orphanages, asylums, detention homes, jails, prisons, transitional shelters/housing, bed and breakfast, group housing or similar buildings where human beings are housed or detained under legal restraint or part of a treatment or other regulated program are specifically not included.

"Transient motel" means a facility offering transient lodging accommodations to the general public with access to guest rooms provided by exterior walkways. All of the accommodations in a motel shall be for the use of transients. For the purpose of this Chapter, transients shall be defined as any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, renting accommodations of by other agreement of whatever nature, for a period of thirty (30) consecutive calendar days or less, or if for a period of over thirty (30) inconsecutive calendar days, for a total of no more than sixty (60) calendar days within a one hundred eighty (180) consecutive calendar day period. Up to a maximum of five (5) percent of the total number of rooms can be occupied by guests that exceed these occupancy limits at any given time. If the number of allowable rooms under this maximum limit results in a fraction of a room, the next highest whole number of rooms shall be allowed. The limitations on occupancy shall not apply during the existence of a City proclaimed public emergency or natural disaster requiring the provision of emergency public shelter. Hospitals, sanitariums or orphanages, asylums, detention homes, jails, prisons, transitional shelters/housing, group housing or similar buildings where human beings are housed or detained under legal restraint or part of a treatment or other regulated program are specifically not included.

"To rent" means to rent or let, or otherwise provide lodging accommodations to a person at a transient hotel or motel whether or not for compensation.

"Hotel/motel, long-term stay" means hotel or motel designed and operated to accommodate travelers whose guest stays may exceed thirty (30) consecutive calendar days, or sixty (60) inconsecutive days within a one hundred eighty (180) day consecutive period. Any hotel/motel that allows guests to stay more than thirty (30) consecutive calendar days or sixty (60) inconsecutive days within a one hundred eighty (180) day consecutive day period is considered a long-term stay hotel/motel. No long-term stay hotel/motel may operate or be established in the City of Port Hueneme after the effective date of the ordinance codified in this Chapter.

"City" means the City of Port Hueneme.

"Operator" means the person who is proprietor of the transient hotel or transient motel whether in the capacity of the owner, or as the owner by any individual, firm, partnership, joint venture, association, joint stock company, corporation, estate trust, business trust, receiver, trustee, syndicate, or any other group who owns or has control of the operations of a transient hotel or transient motel.

(Ord. 663 § 1 (part), 2006)

This section limits the continuous and cumulative occupancy of transient hotels and motels. It is unlawful for any transient hotel or transient motel to rent any room or rooms, in excess of five (5) percent of the total number of its rooms, to any person for any period of time greater than that duration specified in the definitions in Section 3911 of this Code. It is the intent of this section that if a specific room or rooms is rented to or occupied by any person for either of the maximum time periods allowed by Section 3911, then that room shall not again be rented to or occupied by that same person until such time as so doing does not constitute a violation of this section.

(a) Each transient hotel or motel shall maintain daily written records reflecting the renting of any of its rooms including, but not limited to, check-in and check-out dates of each person who rents a room and the occupants thereof. These records shall include the name and home or business address and telephone number of the person renting the room. These records shall also indicate which rooms have been rented for long-term stays as permitted under the five (5) percent allowance provisions of this section. The required records shall be maintained for not less than twelve (12) consecutive months, or for such longer period of time as may be prescribed by law, and shall be available for review by any City representative during normal business hours.

(b) Except as otherwise provided by law, each transient hotel and motel shall post a legible copy of the text of Port Hueneme Municipal Code Article III, Chapter 8, Part C, in an open and conspicuous place within the public lobby area, and in an open and conspicuous place where other postings are required by law, in each room available for rent.

(c) Any property left in a room by a person or party who has checked out shall be removed by the operator of the transient hotel or motel and stored or otherwise disposed in accordance with applicable laws.

(d) Except as otherwise provided by law, any local, State, federal, or foreign government officer, employee, or contractor when on official business is exempt from this section's limits on continuous and cumulative occupancy of transient hotels and motels.

(Ord. 663 § 1 (part), 2006)

It is unlawful for any person or operator to violate Section 3912 of this Chapter. Any person or operator who violates Section 3912 may be charged with a misdemeanor.

(Ord. 663 § 1 (part), 2006)

Notwithstanding Section 3913 of this Chapter, any violation of Section 3912 shall constitute a nuisance and may be abated by the City through civil process by means of a restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of nuisances.

(Ord. 663 § 1 (part), 2006)