[Added 3-18-2019 by Ord. No. 19-04]
A. 
The findings set forth in each "whereas" clause above[1] are hereby incorporated into the within enactment.
[1]
Editor's Note: The complete text of Ord. No. 19-04, including the "whereas" clauses, is on file in the Township offices.
B. 
As used in this article, the following terms shall have the meanings indicated:
HOSTING PLATFORM
A marketplace, in whatever form or format, which facilitates the vacation rental, through advertising, matchmaking or any other means, using any medium of facilitation and from which the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace.
SHORT-TERM RENTAL
The rental of dwelling units for a period of 30 consecutive days or less.
VACATION RENTAL
Rental of any dwelling unit, in whole or in part, within the Township of Washington, to any persons for exclusive or partial transient use of 30 consecutive days or less, whereby the dwelling is only approved for permanent residential occupancy and not approved for transient occupancy by this chapter.
A. 
No person, including any hosting platform operator, shall undertake, maintain, authorize, aid, facilitate or advertise any vacation rental activity that does not comply with this article.
B. 
No person shall charge, demand, receive or accept any rent or other payment for the use or occupancy of any residential premises within the Township of Washington which is used or occupied in violation of this article. Each such charge, demand, receipt or acceptance of such rent or other payment in violation hereof shall constitute a separate offense.
C. 
No person, specifically including, but not limited to, those persons commonly known as "real estate agents," "brokers" or "salespersons," shall assist, aid or facilitate in the rental, sale, use or occupancy of any residential premises within the Township of Washington which is used or occupied or intended to be used or occupied in violation of this article. For purposes of this article, the acts of listing for rental or sale, advertising or otherwise offering for rent, lease or sale any residential premises within the Township of Washington which are used or occupied or intended to be used or occupied in violation of this article shall be deemed to constitute a violation of this article.
A. 
The Township Council of the Township of Washington may promulgate regulations, which may include but are not limited to permit conditions, reporting requirements, inspection frequencies, enforcement procedures, advertising restrictions, disclosure requirements, or insurance requirements, to implement the provisions of this article. No person shall fail to comply with any such regulation.
B. 
The Township Council of the Township of Washington may establish and set by resolution all fees and charges as may be necessary to effectuate the purpose of this article.
A. 
Violation of any provision of this article shall be cause for a Municipal Court summons to be issued by the Police Department, Code Enforcement Official, or Health Officer.
B. 
Violation of the provisions of this article shall be punishable by a minimum fine of $250 and a maximum of $1,000 per day of the violation for first-time offenders. Second and subsequent offenders violating the provisions of this article shall be punishable by a minimum fine of $750 and a maximum of $1,000 per day of the violation.
C. 
Any person convicted of violating any provision of this article in a criminal case or found to be in violation of this article in a civil case brought by a law enforcement agency shall be ordered by the court before which such case is pending to reimburse the Township and other participating law enforcement agencies their full investigative costs, and to remit by way of restitution all illegally obtained rental revenue to the victims of illegal short-term rental activities, the amounts of such payments and the manner of distribution thereof to be prescribed and implemented by such court.
D. 
Any interested person may seek an injunction or other relief to prevent or remedy violations of this article. The prevailing party in such an action shall be entitled to recover reasonable costs and attorneys' fees.
E. 
The remedies provided in this section are not exclusive, and nothing in this section shall preclude the use or application of any other remedies, penalties or procedures established by law.