[Adopted 3-28-2023 by Ord. No. 04-2023]
As used in this article, the following terms shall have the
meanings indicated:
Any form of solicitation, promotion and communication for
marketing, used to solicit, encourage, persuade or manipulate viewers,
readers or listeners into contracting for goods and/or services in
violation of this article, as same may be viewed through various media
including, but not limited to, newspapers, magazines, flyers, handbills,
pamphlets, commercials, radio, direct mail, interest websites, or
text or other electronic messages for the purpose of establishing
occupancies or uses of rental property, for consideration, which are
prohibited by this article.
Soliciting, charging, demanding, receiving or accepting any
legally recognized form of consideration including a promise or benefit,
a quid pro quo, rent, fees, other form of payment, or thing of value.
Any structure, or portion thereof, whether furnished or unfurnished,
which is occupied in whole or in part, or intended, arranged or designed
to be occupied, for sleeping, dwelling, cooking, gathering and/or
entertaining, as a residential occupancy, by one or more persons.
This definition includes an apartment, condominium, building, cooperative,
converted space, or portions thereof, that is offered to use, made
available for use or is used for accommodations, lodging, cooking,
sleeping, gathering and/or entertaining of occupants and/or guest(s).
Constitutes a family-type situation, involving one or more
persons, living together that exhibit the kind of stability, permanency
and functional lifestyle equivalent to that of a traditional family
unit, as further described in the applicable reported and unreported
decisions of the New Jersey Superior Court.
Any individual using, inhabiting, living, gathering, entertaining,
being entertained, as a guest, or sleeping in a dwelling unit, or
portion thereof, or having other permission or possessory right(s)
within a dwelling unit.
Any person(s) or entity(ies), association, limited liability
company, corporation or partnership, or any combination, who legally
use, possess, own, lease, sublease, or license (including an operator,
principal, shareholder, director, agent, or employee, individually
or collectively) that has care, control, or participates in the expenses
and/or profit of a dwelling unit pursuant to a written or unwritten
agreement, rental, lease, license, use, occupancy agreement or any
other agreement.
An individual, firm, corporation, association, partnership,
limited liability company, association, entity, and any person(s)
and/or entity(ies) acting in concert or any combination therewith.
The use of a dwelling unit by an occupant(s).
A.
Notwithstanding anything to the contrary contained in the Borough
Code, it shall be unlawful for an owner, lessor, sublessor, any other
person(s) or entity(ies) with possessory or use right(s) in a dwelling
unit, their principals, partners or shareholders, or their agents,
employees, representatives and other person(s) or entity(ies), acting
in concert or a combination thereof, to receive or obtain actual or
anticipated consideration for soliciting, advertising, offering, and/or
permitting, allowing, or failing to discontinue the use or occupancy
of any dwelling unit, as defined herein, for a period of 90 days or
less.
(1)
This shall apply to amenities of the dwelling unit or property including,
but not limited to, swimming pools, saunas, yards, garages, gazebos,
outdoor kitchens and outdoor bars.
B.
Nothing in this article will prevent formation of an otherwise lawful
occupancy of a dwelling unit for a rental period of more than 90 days.
The residential occupancy of an otherwise lawfully occupied
dwelling unit for a period of 90 days or less by any person who is
a member of the housekeeping unit of the owner, without consideration,
such as a house guest, is permitted.
It shall be unlawful to advertise, solicit or promote by any
means actions in violation of this article.
A.
The provisions of this article shall be enforced by the Building
Code Official, Fire Official, Health Department, other Subcode or
Code Official, as their jurisdiction may arise, including legal counsel
for the Borough of other persons designated by the Board of Commissioners,
to issue municipal civil infractions directing alleged violators of
this article and/or to appear in court or file civil complaints.
B.
A violation of this article is hereby declared to be a public nuisance,
a nuisance per se, and is hereby further found and declared to be
offensive to the public health, safety and welfare.
C.
Any person found to have violated any provision of this article,
without regard to intent or knowledge, shall be liable for the maximum
civil penalty, upon adjudicated violation or admission, of a fine
not exceeding $1,250. Each day of such violation shall be a new and
separate violation of this article.
D.
The penalty imposed herein shall be in addition to any and all other
remedies that may accrue under any other law, including, but not limited
to, eviction proceedings and/or injunction, reasonable attorney's
fees or other fees and costs, in the Borough's Municipal Court
or the Superior Court of New Jersey in the vicinage of Passaic County,
or in such other court or tribunal of competent jurisdiction, by either
summary disposition or by zoning or construction code municipal proceeding.
