A. Definitions: As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:
DWELLING UNIT. An apartment or house which can legally be used as a permanent residence. A room in a hotel or motel which is intended for occupancy overnight by transients shall not be considered a “dwelling unit”.
HABITABLE ROOM. A room which has an area larger than fifty (50) square feet and which is not a kitchen, bathroom or closet.
OCCUPANT. A person who occupies or resides in a dwelling unit for fifteen (15) or more days in a calendar month.
B. Maximum Number Of Occupants: The maximum number of persons who shall be permitted to be occupants of a dwelling unit shall be one and one-half (11/2) times the number of habitable rooms in the dwelling unit. For purposes of this section, a child under one year of age shall not be considered to be a person and a child less than twelve (12) years of age shall be considered to be one-half (1/2) a person.
C. Violation; Penalty: Any owner, manager or lessee of a dwelling unit who authorizes, allows or permits the number of occupants of a dwelling unit to exceed the maximum number of occupants permitted under subsection B of this section shall be in violation of this section. Any person who violates this section shall, upon conviction be subject to a fine of not less than two hundred fifty dollars ($250.00) nor more than two thousand dollars ($2,000.00) for each violation. Each day any violation of this section shall exist shall constitute a separate offense.
(Ord. 88-4-6C, 4-6-1988)