[HISTORY: Adopted by the Borough Council of the Borough of Eatontown 7-9-2003 by Ord. No. 19-2003;[1] amended in its entirety 6-22-2022 by Ord. No. 12-2022. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 257, Rental Properties, Requirements for Occupancy, adopted 11-25-1970, as amended. For current provisions on this subject, see Ch. 116, Certificates of Occupancy.
As used in this chapter, the following terms shall have the meanings indicated:
ADVERTISE or ADVERTISING
Any form of solicitation, promotion, and/or communication for marketing, used to solicit, encourage, persuade, or manipulate viewers, readers, or listeners into contracting for goods and/or services in violation of this chapter, as same may be viewed through various media including, but not limited to, signs, newspapers, magazines, flyers, commercials, radio, direct mail, internet websites, or text or other electronic messages for the purpose of establishing occupancies or uses of property, for consideration, which are prohibited by this chapter.
CONSIDERATION
Soliciting, charging, demanding, receiving, or accepting any legally recognized form of consideration including a promise or benefit, a quid-pro-quo, rent, fees, other form of payment, or thing of value.
DWELLING or DWELLING UNIT
A building or portion thereof, whether furnished or unfurnished, which is occupied in whole or in part, or intended, arranged, or designed to be occupied, for sleeping, dwelling, cooking, gathering, and/or entertaining, as a residential occupancy, by or one or more persons. This definition includes a condominium, building, townhome, single-family home or portions thereof, that is offered to be used, made available for use, or is actually used for accommodations, lodging, cooking, sleeping, gathering and/or entertaining of occupants and/or guest(s), for consideration. It specifically excludes commercial rental apartment buildings.
HOSTING PLATFORM
A website or marketplace in whatever form, whether online or not, which facilitates short-term rentals or the rental of the exterior (e.g., pool, pool area, backyard) of a residential unit through advertising, searching, match-making, or any other means, using any medium of facilitation and from which the operator of the hosting platform derives revenues, including, but not limited to, booking fees or advertising revenue, from providing or maintaining the website or marketplace.
HOUSEKEEPING UNIT
Constitutes a family-type situation, involving one or more persons living together that exhibit the kind of stability, permanency, and functional lifestyle equivalent to that of a traditional family unit, as further described in the applicable reported and unreported decisions of the New Jersey Superior Court.
OCCUPANT
Any individual using, inhabiting, living, gathering, entertaining, being entertained as a guest, or sleeping in a dwelling unit, or portion thereof, or having other permission or possessory right(s) within a dwelling unit.
OWNER
Any person(s) who legally use, possess, own, lease, sublease, or license (including an operator, principal, shareholder, director, agent, or employee, individually or collectively) one or more dwelling units, or who have charge, care, control, or who participates in the expenses and/or profit of a dwelling unit pursuant to a written or unwritten agreement, rental, lease, license, use, occupancy agreement or any other agreement.
PERSON
An individual, firm, corporation, association, partnership, limited liability company, association, entity, and any person(s) and/or entity(ies) acting in concert or any combination therewith.
RESIDENTIAL OCCUPANCY
The use of a dwelling unit by an occupant(s).
SHORT-TERM RENTAL
A residential occupancy for a period of 90 days or less.
A. 
It shall be unlawful for a person or owner to receive or obtain actual or anticipated consideration for using, authorizing, permitting, or failing to discontinue the use of any dwelling unit used as a short-term rental, and shall not enter into a short-term rental arrangement, as defined herein, more than two times in any twelve-month period.
B. 
It shall be unlawful for a person or owner to receive or obtain actual or anticipated consideration for using, authorizing, permitting, or failing to discontinue the rental of all or a portion of the exterior of any residential property. This shall include the rental of the pool, pool area, and backyard.
C. 
There shall only be one written or oral agreement as between a person or owner receiving or obtaining actual or anticipated consideration for the use of dwelling unit as a short-term rental regardless of the number of occupants associated with each rental.
D. 
Nothing in this section prevents formation of an otherwise lawful residential occupancy of a dwelling unit for a rental period of 90 days or more.
E. 
Nothing in this section shall be deemed to prohibit the lawful operation of any hotel as that term is defined in the New Jersey Hotel and Multiple Dwelling Law, N.J.S.A. 55:13-1 et seq.
A. 
The residential occupancy of an otherwise lawful and lawfully occupied dwelling unit for any number of days by any person who is a member of the housekeeping unit of the owner or a house guest(s), without consideration, is permitted.
A. 
It shall be unlawful for any person to advertise by any means that would be in violation of the provisions of this chapter.
B. 
It shall be unlawful for any hosting platform to undertake, maintain, authorize, aid, facilitate or advertise any short-term rentals in violation of this chapter.
C. 
It shall be unlawful for any hosting platform to undertake, maintain, authorize, aid, facilitate or advertise all or a portion of the exterior of any residential property for rent in violation of this chapter.
A. 
The provisions of this section shall be enforced by the Zoning Officer, Housing Officer or Borough Police as their jurisdiction may arise, including legal counsel for the Borough or other person designated by the Borough Council, to issue municipal civil infractions directing alleged violators of this chapter and/or to appear in court or file civil complaints.
B. 
A violation of this chapter is hereby declared to be a public nuisance per se and is hereby further found and declared to be offensive to the public health, safety, and welfare.
C. 
Any person found to have violated any provision of this chapter, without regard to intent or knowledge, shall be liable for the first offense in the amount of $500, second offense $1,000 and up to the maximum civil penalty, upon adjudicated violation or admission, of a fine not exceeding $2,000 per day per violation for any further violations. Each day of such violation shall be considered a new and separate violation of this chapter.
D. 
The penalty imposed pursuant to Subsection C above 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 other 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 Monmouth County, or in such other Court or tribunal of competent jurisdiction, by either summary disposition or by zoning or construction code municipal process. All costs attendant to enforcement of this chapter shall be assessed as a lien against the subject property, enforceable and collectible in the same manner as liens for delinquent real property taxes and municipal service charges.
[1]
Editor's Note: Former § 257-6, Registration of certificates of insurance, added 9-28-2022 by Ord. No. 20-2022, was repealed 1-25-2023 by Ord. No. 03-2023.