[HISTORY: Adopted by the Township Committee
of the Township of Wyckoff 11-14-2016 by Ord. No. 1817. Amendments noted where
applicable.]
The Township Committee of the Township of Wyckoff, County of
Bergen, State of New Jersey, hereby finds and adopts, as if set forth
more fully herein, the fact assertions of the âwhereasâ
clauses of this ordinance, as its findings of fact.
[Amended 9-6-2022 by Ord. No. 1967]
A.Â
Notwithstanding anything to the contrary contained in the Township
Code, it shall be unlawful for a person or owner to receive or obtain
actual or anticipated consideration for using, authorizing, permitting,
or failing to discontinue the use of any dwelling unit as a short-term
rental, as defined herein.
B.Â
Nothing in this chapter will prevent the formation of an otherwise
lawful residential occupancy of a dwelling unit for a rental period
of 31 days or more.
C.Â
Nothing in this article shall be deemed to prohibit the lawful operation
of any hotel as that term is defined in the New Jersey Hotel and Multiple
Dwelling Law, N.J.S.A. 55:13A-1 et seq.
D.Â
The lease or rental, for any purpose, of any amenity, feature, accessory,
or appurtenance to or associated with a dwelling is prohibited.
As used in this ordinance, 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 ordinance, 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 ordinance.
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 potions 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),
for consideration, for a period of 30 days or less.
[Amended 9-6-2022 by Ord. No. 1967]
A website or marketplace in whatever form, whether online
or not, which facilitates short-term rentals through advertising,
searching, matchmaking, or any other means, using any medium of facilitation
and from which the operator of the hosting platform derives revenues,
including but not limited to booking fees or advertising revenues,
from providing or maintaining the website or marketplace.
[Added 9-6-2022 by Ord.
No. 1967]
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 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.
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 residential occupancy for a period of fewer than 31 days.
[Added 9-6-2022 by Ord.
No. 1967]
[Amended 9-6-2022 by Ord. No. 1967]
The residential occupancy of an otherwise lawful and lawfully
occupied dwelling unit for a period of 30 days or less by a person
who is a member of the housekeeping unit of the owner, without consideration,
such as house guests, is permitted.
[Amended 9-6-2022 by Ord. No. 1967]
It shall be unlawful to advertise, solicit or promote by any
means actions in violation of this ordinance.
A.Â
The provisions
of this ordinance shall be enforced by the Construction Official,
Zoning Official, Fire Official and/or other Subcode or Code Official,
as their jurisdiction may arise, including other persons designated
by the Township Committee, to issue municipal civil infractions directing
alleged violators of this ordinance to appear in court or to file
civil complaints.
[Amended 9-6-2022 by Ord. No. 1967]
B.Â
A violation
of this ordinance 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.Â
Any person
found to have violated any provision of this ordinance, 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 ordinance.
D.Â
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 attorneyâs
fees or other fees and costs, in the Townshipâs Municipal Court
or the Superior Court of New Jersey in the vicinage of Bergen County,
or in such other Court, or tribunal of competent jurisdiction, by
either summary disposition or by zoning or construction code municipal
proceeding.
[Amended 9-6-2022 by Ord. No. 1967]
If any portion of this ordinance is adjudged unconstitutional
or invalid by a court of competent jurisdiction, such judgment shall
not affect or invalidate the remainder of this ordinance but shall
be confined in its effect to the provision directly involved in the
controversy in which such judgment shall have been rendered.
