[Adopted 9-7-2023 by Ord. No. 2023-09]
A.
Notwithstanding anything to the contrary contained in the Township
Code, it shall be unlawful for an owner, landlord, managing agent,
lessor, sub-lessor, any other person or entity with possessory or
use rights in a dwelling unit, their principals, partner or shareholders,
or their agents, employees, representatives and other persons or entities,
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, or portion thereof, 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.
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 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 promising 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, cooperative,
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 guests,
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 or unreported
decisions of the Superior Court of New Jersey.
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 rights within a
dwelling unit.
Any persons and entities, 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 persons and/or
entities acting in concert or any combination therewith.
The use of a dwelling unit by an occupant.
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.
Any owner that is renting their property to a person for a term of over 30 days but less than a yearly shall pay a registration and/or inspection fee to the Township. Applicable fees are detailed in the universal fee chart located in Chapter 18, § 18-2, reference number 65, of the Code of the Township of Lumberton.
It shall be unlawful to advertise, solicit or promote by any
means actions in violation of this article of the Township Code.
A.
The provisions of this article shall be enforced by the Zoning Officer,
Building Department, Building Code Official, Fire Official, Fire Marshal,
Health Department, other subcode or Code Official, as their jurisdiction
may arise, or other persons designated by the Township Committee,
to issue municipal civil infractions directing alleged violators of
this article of the Code and/or to appear in court or file civil complaints.
B.
A violation of this article of the Code 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. Any person found to have violated any provision of this article of the Code, without regard to intent or knowledge, shall be subject to the fines and fees as provided under § 18-2 of this Code, governing short-term rental offenses. Each day of such violation shall be a new and separate violation of this article. Applicable fees for such short term rental offenses are detailed in the universal fee chart located in Chapter 18, § 18-2, reference number 66, of the Code of the Township of Lumberton.
