[HISTORY: Adopted by the Mayor and Council of the Borough
of Kinnelon as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Littering and property maintenance — See Ch. 141.
[Adopted 6-21-2018 by Ord. No. 4-18]
This chapter aims to prohibit the increasingly widespread practice
of renting or leasing various types of dwellings, or segments thereof,
located primarily in residential neighborhoods, on a short-term basis
to transient guests. This practice has been popularized and facilitated
by various websites that advertise and broker these rentals. Left
unregulated, this practice will transform many residential dwellings
into transient uses to the detriment of the health, safety and quiet
enjoyment of the affected neighborhoods.
This chapter does not apply to lawfully established and operating hotels, motels, rooming houses, boardinghouses, and bed-and-breakfast establishments. This chapter does not apply to any use of single-family dwellings protected by New Jersey State statute, as are defined in § 207-4B of the Kinnelon Borough Code, lawfully existing, including community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries, and children in group homes pursuant to N.J.S.A. 40:55D-66c.
Notwithstanding anything to the contrary in the Borough Code,
it shall be unlawful for any person, including, but not limited to,
an owner, lessor, sublessor, or any other person with any possessory
interest or use rights in the subject dwelling, their principals,
partners, shareholders, agents, employees, representatives and other
person(s) or entity(s) acting in concert or combinations thereof,
to receive or obtain compensation of any kind for soliciting, advertising,
offering and/or permitting, allowing or failing to discontinue the
use, occupancy or rental of any dwelling unit for a period of 30 consecutive
calendar days or less.
It shall be unlawful to advertise, solicit, or promote by any
means acts in violation of this chapter.
The provisions of this chapter shall be enforced by the Borough
Zoning Officer, Building Code or Subcode Official, or any other Borough
official or employee so designated by the Mayor and Council who all
shall be authorized to issue summons or other appropriate civil violations
or complaints for any violations of this chapter.
Any person who is adjudicated, or by admission is found to have
violated any provisions of this chapter shall be liable for a fine
not to exceed $1,000. Each day of any such violation after receiving
written notice of same shall be a new and separate violation.
To the extent that conduct prohibited under this article also
violates other provisions of the Borough Code, those violations constitute
separate offenses subject to additional fines and penalties as prescribed.
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 Morris
County or in such other court or tribunal of competent jurisdiction,
by either summary disposition or by zoning or construction code municipal
proceeding.
