As used in this chapter, the following terms, phrases, words
and their derivations shall have the meanings indicated:
ABANDONED
Any motor vehicle which:
a.
Is parked without the current year's registration or identification
markers as required by law;
b.
Has been continuously parked in any public street or on any
public land for a period of 10 days;
c.
Is so disabled as to constitute an obstruction to traffic, and
the driver or person owning or in charge thereof neglects or refuses
to move the same to a place where it will not obstruct traffic;
d.
Is found to be mechanically inoperative and is allowed to remain
inoperative for a period of seven days and such period of time has
not been extended by the Police Department; or
e.
Is found without one or more tires.
BICYCLE
Vehicles with two wheels, one in front of the other, having
a seat height of 25 inches or greater when in its lowest adjustable
position, steered by a handlebar and driven by pedals.
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation and consumption of food.
JUNK AUTOMOBILE or JUNK AUTOMOBILE BODY
Any automobile which is no longer in actual use as a motor
vehicle or which is wholly unfit, without rebuilding or reconditioning,
for use in highway transportation, or which has been discarded for
use as a motor vehicle or otherwise abandoned.
LITTER
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper or other natural or synthetic material, or any combination thereof,
including, but not limited to, any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, household or commercial solid
waste, vehicle or vehicle parts, tires, appliances, furniture, grass
clippings or other lawn or garden waste, newspaper, magazines, glass,
metal, plastic or paper containers or other packaging or construction
material, but does not include the waste of the primary processes
of mining or other extraction processes, logging, saw milling, farming
or manufacturing.
MOTOR VEHICLE or VEHICLE
Any "motor vehicle," "omnibus," "road tractor," "trailer,"
"truck," "truck-tractor" and "vehicle," which terms are intended to
have the meaning stated and defined in N.J.S.A. 39:1-1 et seq.
PARK
A park, sport field or facility, Lindbergh Field, totlands,
recreation facilities or any other area in the Borough owned or used
by the Borough, and devoted to active or passive recreation.
PARENT
Any person having legal custody of a juvenile as a natural
or adopted parent, as a legal guardian, as a person who stands in
loco parentis or as a person to whom legal custody has been given
by order of the court.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
REFUSE
Putrescible and nonputrescible solid wastes, except body
wastes, including garbage, rubbish, ashes, street cleaning, dead animals,
abandoned automobiles and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
STREET
A way or place, of whatsoever nature, open to the use of
the public as a matter of right for purposes of vehicular travel or,
in the case of a sidewalk, for pedestrian travel. The term street
shall include the legal right-of-way, including, but not limited to,
the cartway or traffic lanes, curb, the sidewalks, whether paved or
unpaved, and any grass lots or other grounds found within the legal
right-of-way of a street. The term street shall apply irrespective
of what it is called or formally named, whether alley, avenue, court,
road or otherwise. The term street shall also include, for the purposes
of this chapter, shopping centers, parking lots, parks, playgrounds,
public buildings and similar areas open to the use of the public.
TIME OF NIGHT
Time of night shall be based upon the prevailing standard
of time, whether Eastern Standard Time or Easter Daylight Savings
Time, generally observed as that hour by the public in the Borough,
prima facie, time then observed in the Borough administrative offices
and police headquarters.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported upon a highway, including devices used exclusively
upon stationary rails or tracks.
VIOLATION OF THE PUBLIC PEACE
Defacing, damaging or destroying public property or the private
property of another, within the Borough of Carlstadt; committing an
assault or assault and battery upon another in the Borough; or consuming
and/or possession of alcoholic beverages and/or harmful drugs in a
public place in the Borough.
[Added 3-7-2019 by Ord. No. 19-4]
5-24.1. Purpose.
The purpose of this section is to safeguard the peace, safety and
general welfare of the residents of the Borough and their visitors
and guests by eliminating noise, traffic and parking congestion, vandalism,
overcrowding, neighborhood uncertainty, high occupant turnover, diminution
of neighborhood character, and other secondary effects that have been
associated with the short-term rental of residential properties.
5-24.2. Definitions.
For the purpose of this section, the following definitions shall apply
unless the context clearly indicates or requires a different meaning:
ADVERTISE or ADVERTISEMENT
Any written, electronic or oral publication, dissemination,
solicitation or circulation which is intended to directly or indirectly
induce any person to enter into an agreement for the short-term rental
of a dwelling. This definition includes but is not limited to mailings,
print advertisements, internet listings, email publications or other
oral, printed or electronic media.
DWELLING
Any single- or multifamily residential building or structure
in the Borough, or any part thereof, which is occupied in whole or
in part, or intended to be occupied in whole or in part, as a home
residence or sleeping place for one or more individuals.
FACILITATE
A person facilitates if, acting with knowledge that an operator
managing agency or rental agent is renting a dwelling on a short-term
basis, the person knowingly provides the operator managing agency
or rental agent with means or opportunity for the commission of said
offense.
PERSON
An individual, corporation, association, firm, partnership,
limited liability company, or other legal entity.
RENT
The consideration or remuneration charged, whether or not
received, for the occupancy or use of a dwelling, whether to be received
in money, goods, services, labor, other use of other dwelling(s),
or otherwise.
RENTAL
An agreement between persons whereby money or other consideration
is charged in exchange for the right to occupy or use all or part
of a dwelling.
SHORT-TERM RENTAL
Any rental of a dwelling or part thereof for less than 30
consecutive days.
SOLICIT
A person "solicits" if, with the intent to promote or facilitate
the short-term rental of a dwelling, such person commands, encourages,
requests or solicits another person to engage in a short-term rental
agreement.
5-24.3. Prohibited
conduct.
a. No person
shall use, possess or occupy a dwelling on a short-term rental basis.
No person shall enter a short-term rental agreement for dwelling.
b. No person
owning, leasing, or having control of a dwelling shall allow it to
be used, occupied or possessed as a short-term rental.
c. No person
shall advertise, solicit or facilitate a short-term rental agreement
for a dwelling.
5-24.4. Violations
and penalties.
a. Any person
who violates any provision of this section shall be subject to the
following penalties:
1. For a
first violation, a fine of $750 per day for each violation for each
dwelling unit and/or 10 days in jail at the discretion of the Municipal
Court Judge, or both.
2. For a
second violation, a fine of not less than $750 nor more than $1,200
per day for each violation for each dwelling unit and/or 20 days in
jail at the discretion of the Municipal Court Judge, or both.
3. For a
third and subsequent violation, a fine of not less than $1,200 nor
more than $2,000 per day for each violation for each dwelling unit
and/or 30 days in jail at the discretion of the Municipal Court Judge,
or both.
b. Each day
that a person violates a provision of this section shall be considered
as a separate and distinct violation.
5-24.5. Enforcement.
This section may be enforced by the Carlstadt Police Department, Building
Department Inspectors, Carlstadt Fire Prevention Inspectors, and Carlstadt
Housing Inspector together with any other municipal officials authorized
to enforce Borough ordinances.