[HISTORY: Adopted by the Mayor and Council of the Township of Clinton as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-9-2020 by Ord. No. 1145-2020]
The Mayor and Council of the Township of Clinton find and declare as follows:
Under N.J.S.A. 40:52-1(d) and (n), the Township is authorized to regulate "furnished and unfurnished rented housing or living units and all other places and buildings used for sleeping and lodging purposes, and the occupancy thereof"' and the "rental of real property for a term of less than 175 consecutive days for residential purposes by a person having a permanent place of residence elsewhere."
In recent years, there has arisen a proliferation of internet and other media advertising dedicated to the rental of dwelling units for short periods of time. The Mayor and Council wish to deter and prevent property owners, or others on their behalf, from advertising, offering for rent, or renting their residential dwelling units for short periods of time via the internet or other media.
Short-term rentals can result in public nuisance, noise complaints, sanitation and littering issues, overcrowding, and illegal parking within residential neighborhoods. In some instances, residential dwelling units are essentially converted to illegal de facto hotels, motels, boardinghouses, and other commercial enterprises. The Mayor and Council wish to deter and prevent such problems from occurring within the Township of Clinton.
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, match-making 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.
- VACATION RENTAL
- Rental of any dwelling unit, in whole or in part, within the Township of Clinton to any person(s) for exclusive or partial transient use of less than 45 consecutive days when the dwelling unit in question is only approved for permanent residential occupancy and not approved for transient occupancy as described in this article. Rental of dwellings within Township-approved hotels, motels, and bed-and-breakfasts shall not be considered vacation rentals.
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.
The Mayor and Council of the Township 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.
The Mayor and Council of the Township may establish and set by resolution all fees and charges as may be necessary to effectuate the purpose of this article.
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.
Any person who shall violate any provision of this article shall be subject to the general penalties provisions set forth in § 1-17 of this Code. First-time offenders shall not be subject to a minimum fine. Repeat offenders shall be subject to a minimum fine of $100.
Each and every day in which a violation of this article exists shall constitute a separate violation.
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.