Kern County's Transient Occupancy Tax Chapter 4.16 does not set per-bedroom guest caps, overnight occupancy limits, or daytime gathering limits for short-term rentals in the unincorporated area. The only quantitative threshold is the 30-day stay length that triggers the TOT.
Kern County Code Chapter 4.16 (Sections 4.16.010 through 4.16.200), the chapter directly governing transient lodging in the unincorporated area, contains no provision setting maximum overnight occupancy, persons-per-bedroom ratios, or capacity limits for short-term rentals. The only numeric occupancy threshold in the chapter is in Section 4.16.020(G), which defines a 'transient' as any person occupying a space for 'a period of less than thirty (30) consecutive calendar days.' Anyone within that 30-day window is conclusively presumed to be a transient unless the operator has lodged a longer written lease with the tax collector. Section 4.16.040 provides limited exemptions only for diplomatic immunity, certain federal-law exemptions, and stays with total rent under $2 per day, and is not framed in terms of guest counts. Because Chapter 4.16 is silent on occupancy caps, hosts should review the Kern County Zoning Ordinance (Title 19) and any state Building/Fire Code occupant-load requirements for the dwelling type, and follow platform-imposed caps. Local nuisance, noise, and parking ordinances continue to apply.
Because no occupancy cap is set in Chapter 4.16, there is no direct STR overcrowding penalty under the TOT chapter. Operators remain subject to general nuisance, noise, and zoning code enforcement, and to building/fire code occupant-load rules administered by the Kern County Building Inspection and Fire Departments.
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