[HISTORY: Adopted by the Mayor and Council of the Borough
of Wallington 4-20-2017 by Ord.
No. 2017-2. Amendments noted where applicable.]
A.
The Mayor and Council find that the rental of residential dwelling
for short-term occupancy has been identified as a community concern
due to the potential for increased traffic, noise, high occupant turnover,
and increased density in residential neighborhoods.
B.
The number of individuals occupying such short-term rentals has the
potential to exceed standards for the design capacity of such structures
and to cause health and safety risks for the occupants, neighbors
and nearby properties.
C.
The purpose of this chapter 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.
D.
The short-term rental market nationwide has expanded with the use
of professional brokers and internet listing services. This increase
requires an expansion of enforcement mechanisms to deter parties who
facilitate and solicit short-term rentals. Because there are numerous
homeowners, real estate offices, brokers, and other agencies that
actively promote short-term rentals to potential Borough visitors
through the internet and other forms of advertisement, it is necessary
to prohibit the promotion and advertisement of short-term rentals.
E.
Therefore, the Borough adopts this chapter to prohibit short-term
residential rentals, and enforce said prohibitions.
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
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, e-mail publications or other
oral, printed or electronic media.
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.
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.
An individual, corporation, association, firm, partnership,
limited liability company, or other legal entity.
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.
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.
Any rental of a dwelling or part thereof for less than 30
consecutive days.
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.
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 a 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.
A.
Any person who violates any provision of this chapter 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 chapter shall
be considered as a separate and distinct violation.
This chapter may be enforced by Wallington Police Department,
Building Department Inspectors, Wallington Fire Prevention Inspectors,
and Wallington Housing Inspectors together with any other municipal
officials authorized to enforce Borough ordinances.
