The Mayor and Council hereby find and adopt, as if set forth
more fully herein, the fact assertions of the "Whereas" clauses of
this article as their findings of fact.
As used in this article, the following terms shall have the
meanings indicated:
ADVERTISE or ADVERTISING
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, internet 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.
CONSIDERATION
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.
DWELLING UNIT
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, co-operative, converted
space, or portions thereof, that are offered to use, made available
for use, or are used for accommodations, lodging, cooking, sleeping,
gathering and/or entertaining of occupants and/or guest(s), for consideration,
for a period of 30 days or less.
HOUSEKEEPING UNIT
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.
OCCUPANT
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.
OWNER
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 charge, 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.
PERSON
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 thereof.
The residential occupancy of an otherwise lawful and lawfully
occupied dwelling unit for a period of 30 days or less by any person
who is a member of the housekeeping unit of the owner, without consideration,
such as house guests, is permitted.
It shall be unlawful to advertise, solicit or promote by any
means actions in violation of this article.
If any section, provision or clause of this article or the application
thereof to any person or circumstance is judicially held invalid,
a reviewing Court may "blue pencil" the ordinance to correct such
invalidity and carry out the intent of this article. Such invalidity
shall not affect any remaining portions or application of this article
which can be given effect, without the invalid portion or application.
This article shall supersede and replace any other provisions
of the Code of the Borough of Fort Lee, now or later enacted, which
have or may be construed to have differing or contrary terms or conditions
relating to the subject of this article. This article is not intended
to alter the current or later enacted amendments to the Borough's
Zoning Code.
This article shall become effective after second reading and
30 days after being published in a newspaper of general circulation
within the Borough.