[Adopted 6-13-2023 by Ord. No. 23-10]
As used in this chapter, the following terms shall have the
meanings indicated:
ADVERTISE or ADVERTISING
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.
CONSIDERATION
Soliciting, charging, demanding, receiving or accepting any
legally recognized form of consideration including a promise of benefit,
a quid pro quo, rent, fees, other form of payment, or thing of value.
OWNER
Any person(s) or entities, association, limited liability
company, or 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 dwelling amenities 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, or any person(s) and/or
entities acting in concert or any combination therein.
The lease or rental, for any purpose, of any amenity, feature,
accessory, use, or appurtenance to, or associated with, a dwelling
is prohibited. This shall include, but is not limited to, swimming
pools, yard areas, tennis courts, riding areas, and interior or exterior
having similar recreation features.
If any section, provision, or clause of this article or the
application thereof to any person or circumstance is judicially held
invalid, a reviewing court may 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 Borough of Hillsdale, now or later enacted, which
have or may be constructed 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
Borough's Zoning Code.
This article shall become effective after the second reading
and 30 days after being published in a newspaper of general circulation
within the Borough.