[HISTORY: Adopted by the Township Committee
of the Township of Rochelle Park as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-21-2017 by Ord. No. 1111-17]
The Mayor and Township Committee hereby find and adopt, as if
set forth more fully herein, the fact assertions of the "whereas"
clauses of this article,[1] as their findings of fact.
[1]
Editor's Note: "This article" refers to Ord. No. 1111-17,
adopted 6-21-2017. The complete text of the ordinance, including the
"whereas" clauses, are on file in the Township offices.
A.
Notwithstanding anything to the contrary contained in the Township
Code, it shall be unlawful for any owner, lessor, sublessor or any
other person(s) or entity(ies) with possessory or use right(s) in
a dwelling unit, their principals, partner or shareholders, or their
agents, employees, representative and other person(s) or entity(ies),
acting in concert of a combination thereof, to allow and/or permit
or failure to discontinue the use or occupancy of any dwelling unit,
as defined herein, for a period of 30 days or less. A violation of
this section shall be deemed to exist regardless of whether the owner,
lessor, sublessor or any other person receives actual or anticipated
consideration for the same. The payment of such consideration, as
defined herein, shall, however, be considered as further evidence
of a violation of the provisions of this chapter.
[Amended 7-28-2021 by Ord. No. 1177-21]
B.
Nothing in this article will prevent formation of an otherwise lawful
occupancy of a dwelling unit for a rental period of more than 30 days.
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, 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.
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),
for consideration, for a period of 30 days or less.
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 possessor 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, individual 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).
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.
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 or other persons designated by the Township Committee,
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 herby declared to be a public 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 violations 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 attorneys'
fees or other fees and costs, in the Borough's 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.
