[HISTORY: Adopted by the Mayor and Common Council of the
City of Gloucester City as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-23-2022 by Ord. No. O14-2022]
The Mayor and Common Council hereby find and adopt, as if set
forth more fully herein, the fact assertions of the "Whereas" clauses
of this article as their findings of fact.
A.
Notwithstanding anything to the contrary contained in the City Code,
it shall be unlawful for an owner, lessor, sublessor, any other person(s)
or entity(ies) with possessory or use right(s) in a dwelling unit,
their principals, partner or shareholders, or their agents, employees,
representatives and other person(s) or entity(ies), acting in concert
or a combination thereof, to receive or obtain actual or anticipated
consideration for soliciting, advertising, offering and/or permitting,
allowing or failing to discontinue the use or occupancy of any dwelling
unit, as defined herein, for a period of 30 days or less.
B.
Nothing in this article will prevent formation of an otherwise lawful
occupancy of a dwelling unit for a rental period of more than 30 days.
As used in this article, the following terms shall have the
meanings indicated:
Any form of solicitation, promotion, and 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 article, as same may be viewed through various media,
including but not limited to newspapers, magazines, flyers, handbills,
pamphlets, commercials, radio, direct mail, internet websites, or
text or other electronic messages for the purpose of establishing
occupancies or uses of rental property, for consideration, which are
prohibited by this article.
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.
Any structure, 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 one or more persons.
This definition includes an apartment, condominium, building, co-operative,
converted space, or portions thereof, that is offered to use, made
available for use, or is used for accommodations, lodging, cooking,
sleeping, gathering and/or entertaining of occupants and/or guest(s)
for consideration, for a period of 30 days or less.
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.
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.
Any person(s) or entity(ies), association, limited liability
company, corporation, or partnership, or any combination, who legally
use, possess, own, lease, sublease or license (including an operator,
principal, shareholder, director, agent or employee, individually
or collectively) that has charge, care, control, or 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.
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.
The use of a dwelling unit by an occupant(s).
The residential occupancy of an otherwise lawful and lawfully
occupied dwelling unit for a period of 30 days or less by any person
who is a member of the housekeeping unit of the owner, without consideration,
such as house guests, is permitted.
It shall be unlawful to advertise, solicit or promote by any
means actions in violation of this article.
A.
The provisions of this article shall be enforced by the Housing Office,
Zoning Official, Building Code Official, Fire Official, Health Department,
other subcode or code official, as their jurisdiction may arise, including
legal counsel for the City or other persons designated by the City
Council, to issue municipal civil infractions directing alleged violators
of this article and/or to appear in court or file civil complaints.
B.
A violation of this article is hereby declared to be a public nuisance,
a 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 article,
without regard to intent or knowledge, shall be liable for the maximum
civil penalty, upon adjudicated violation or admission, of a fine
not exceeding $2,000. Each day of such violation shall be a new and
separate violation of this article.
D.
The penalty imposed herein 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/or injunction, reasonable attorney's
fees or other fees and costs, in the City's Municipal Court or
the Superior Court of New Jersey in the vicinage of Camden County,
or in such other court or tribunal of competent jurisdiction, by either
summary disposition or by zoning or construction code municipal proceeding.
If any section, provisions, or clause of this article or the
application thereof to any person or circumstance is judicially held
invalid, a reviewing court may "blue pencil" the article to correct
such invalidity and carry out the intent of this article. Such invalidity
shall not affect any remaining portions or application of this article
which can be given effect, without the invalid portion or application.
This article shall supersede and replace any other provisions
of the Code of the City of Gloucester City, now or later enacted,
which have or may be construed to have differing or contrary terms
or conditions relating to the subject of this article. This article
is not intended to alter the current or later enacted amendments to
the City's Zoning Code.
Any article, section, paragraph, subsection, clause, or other
provision of the Code of the City of Gloucester City inconsistent
with the provisions of this article is hereby repealed to the extent
of such inconsistency.
If any section, paragraph, subsection, clause, or provision
of this article shall be adjudged by a court of competent jurisdiction
to be invalid, such adjudication shall apply only to the section,
paragraph, subsection, clause, or provision so adjudged, and the remainder
of this article shall be deemed valid and effective.
This article shall take effect upon its passage and publication
as provided for by law.
