[Ord. 6PSF-B, 9-5-2019; amended 12-20-2023 by Ord. No. 6PSF-G, 12-20-2023]
a.
Authority. In accordance with New Jersey law, a municipality may make and enforce within its limits, all ordinances and regulations not in conflict with general laws, as it may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants. The City of Newark hereby adopts the within Ordinance in accordance with said authority.
b. BOOKING SERVICE 1. 2.
OWNER OWNER-OCCUPIED PRINCIPAL RESIDENCE PROPERTY SHORT-TERM RENTAL PROPERTY (HEREINAFTER "STRP") SHORT-TERM RENTAL PROPERTY AGENT TRANSIENT OCCUPANT RESPONSIBLE PARTY SHORT-TERM RENTAL (HEREINAFTER "STR")
Definitions. The following terms shall have the meanings indicated below:
Shall mean a person, agency, entity, limited liability, corporation, etc. who, directly or indirectly:
Charges, collects or receives a fee for the use of such a platform or for provision of any service in connection with a short-term rental.
A booking service shall not be construed to include a platform that solely lists or advertises offers for short-term rentals. [Added 12-20-2023 by Ord. No. 6PSF-G, 12-20-2023] |
Shall mean an individual or entity holding title to a property proposed for short-term rental, by way of a legally recorded deed.
Shall mean the owner of the property resides in the short term rental property (hereinafter "STRP"), or in the principal residential unit with which the STRP is associated on the same lot, and identifies same as his or her principal residence as that term is defined in this Section. For purposes of this Section, if the owner of the property is an entity other than an individual or individuals, then at least one principal or member of the owner entity must reside in the STRP, or in the principal residential unit with which the STRP is associated on the same lot, and identify same as his or her principal residence as that term is defined in this section.
Shall mean the address: (1) where at least one of the property owners spends the majority of his or her non-working time, and (2) which is most clearly the center of his or her domestic life, and (3) which is identified on his or her driver's license or State Identification Card as being his or her legal address. All the above requirements must be met in order for an address to constitute a principal residence for purposes of this Section.
Shall mean a parcel of real property located within the boundaries of the City of Newark, Essex County, New Jersey.
Shall mean a residential dwelling unit as defined in Section 18:1-1.3a of the Code of the City of Newark, that is used and/or advertised for rent as a short-term rental by transient occupants as guests, as those terms are defined in this Section. Dwelling units rented to the same occupant for more than 28 continuous days, licensed Bed and Breakfast establishments, licensed rooming or boarding houses, hotels, and motels shall not be considered Short-Term Rental Property.
Shall mean any New Jersey licensed real estate agent or other person designated and charged by the owner of a short-term rental property, with the responsibility for making the short-term rental application to the City on behalf of the owner, and fulfilling all of the obligations in connection with completion of the short-term rental property permit application process on behalf of the owner. Such person shall be available for and responsive to contact on behalf of the owner at all times.
Shall mean any person or a guest or invitee of such person, who, in exchange for compensation, occupies or is in actual or apparent control or possession of residential property, which is either: (1) registered as a short-term rental property, or (2) satisfies the definition of a short-term rental property, as such term is defined in this Section. It shall be a rebuttable presumption that any person who holds themselves out as being an occupant or guest of an occupant of the short-term rental is a transient occupant.
Shall mean both the short-term rental property owner and a person (property manager) designated by the owner to be called upon and be responsible at all times during the period of a short-term rental and to answer for the maintenance of the property, or the conduct and acts of occupants of the short-term rental property, and, in the case of the property manager, to accept service of legal process on behalf of the owner of the short-term rental property.
Shall mean the accessory use of a dwelling unit for occupancy by someone other than the unit's owner or permanent resident for a period of 28 or less consecutive days, which dwelling unit is regularly used and kept open as such for the lodging of guests, and which is advertised or held out to the public as a place regularly rented to transient occupants, as that term is defined in this Section and in section 41:2-2 of the City's Zoning and Land Use Regulations.