[HISTORY: Adopted by the Mayor and Council of the Borough
of Essex Fells as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-7-2022 by Ord. No. 2022-1062]
For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Any written, electronic or oral publication, dissemination,
solicitation or circulation which is intended to directly or indirectly
induce any person to enter into an agreement for the short-term rental
of a dwelling. This definition includes, but is not limited to, mailings,
print advertisements, internet listings, email publications or other
oral, printed or electronic media.
Any single-family or multifamily residential building or
structure in the Borough, or any part thereof, which is occupied in
whole or in part, or intended to be occupied in whole or in part,
as a home residence or sleeping place for one or more individuals.
A person facilitates if, acting with knowledge that an operator
managing agency or rental agent is renting a dwelling on a short-term
basis, the person knowingly provides the operator managing agency
or rental agent with means or opportunity for the commission of said
offense.
An individual, corporation, association, firm, partnership,
limited-liability company, or other legal entity.
The consideration or remuneration charged, whether or not
received, for the occupancy or use of a dwelling, whether to be received
in money, goods, services, labor, other use of other dwelling(s),
or otherwise.
An agreement between persons whereby money or other consideration
is charged in exchange for the right to occupy or use all or part
of a dwelling.
Any rental of a dwelling or part thereof for less than 30
consecutive days.
A person solicits if, with the intent to promote or facilitate
the short-term rental of a dwelling, such person commands, encourages,
requests or solicits another person to engage in a short-term rental
agreement.
A.
No person shall use, possess or occupy a dwelling on a short-term
rental basis. No person shall enter a short-term rental agreement
for a dwelling.
B.
No person owning, leasing, or having control of a dwelling shall
allow it to be used, occupied or possessed as a short-term rental.
C.
No person shall advertise, solicit or facilitate a short-term rental
agreement for a dwelling.
A.
Any person who violates any provision of this article shall be subject
to the following penalties:
(1)
For a first violation: a fine of $750 per day for each violation
for each dwelling unit and/or 10 days in jail at the discretion of
the Municipal Court Judge, or both;
(2)
For a second violation: a fine of not less than $750, nor more than
$1,200, per day for each violation for each dwelling unit and/or 20
days in jail at the discretion of the Municipal Court Judge, or both;
(3)
For a third and subsequent violation: a fine of not less than $1,200,
nor more than $2,000, per day for each violation for each dwelling
unit and/or 30 days in jail at the discretion of the Municipal Court
Judge, or both.
B.
Each day that a person violates a provision of this article shall
be considered as a separate and distinct violation.
This article may be enforced by the Essex Fells Police Department
or Building Department Inspectors, together with any other municipal
officials authorized to enforce Borough ordinances.
