The Township Council finds, determines and declares that:
A. Toms River Township is a resort community and its citizens have experienced
disturbances, damage and public expense resulting from carelessly
granted and inadequately supervised seasonal rentals to irresponsible
vacationers by inept or indifferent landlords.
B. The article is enacted to preserve the peace and tranquility of the
community for its permanent residents and to maintain the municipality
as a viable vacation resort for all persons and families availing
themselves of the facilities in the community.
C. The enactment of this article is necessary and desirable to provide
a means to curb and discourage those occasional excesses arising from
irresponsible seasonal rentals.
D. The Legislature of the State of New Jersey enacted N.J.S.A. 40:48-2.12n
et seq. to enable certain communities to take effective action to
assure that excesses, when they occur, shall not be repeated and that
landlords offering seasonal rentals be held to sufficient standards
of responsibility.
For the purpose of this article, the following meanings shall
apply:
HEARING OFFICER
A licensed attorney of the State of New Jersey appointed
by the Township Council. The hearing officer shall not own or lease
any real property within the Township of Toms River, nor hold any
interest in the assets of or profits arising from the ownership of
such property.
LANDLORD
The person or persons who own or purport to own any building
in which there is rented or offered for rent housing space for living
or dwelling under either a written or oral lease, including but not
limited to any building subject to the Hotel and Multiple Dwelling
Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.), and owner-occupied
two-unit premises. In the case of a mobile home park, "landlord" means
the owner of an individual dwelling unit within the mobile home park.
SEASONAL RENTAL
A rental of residential accommodations for a term of less
than 30 days, and no shorter than two days, between April 1 and November
30 on the Barrier Island. "Barrier Island" refers to the area of the
Township juxtaposed geographically between the Barnegat Bay and the
Atlantic Ocean.
[Amended 12-12-2017 by Ord. No. 4563-17]
SUBSTANTIATED COMPLAINT
An act of disorderly, indecent, tumultuous or riotous conduct
upon or in proximity to any seasonal rental premises and attributable
to the acts or incitements of any of the tenants of those premises
which have been substantiated by prosecution and conviction in any
court of competent jurisdiction.