This article is adopted to regulate, control and/or prohibit the rental of indoor and outdoor pools in the City of Englewood.
[Adopted 5-16-2023 by Ord. No. 23-11]
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 test 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.
Hotel, field club, commercial establishments and rental of home.
Any person(s) or entity(ies), association, trust, fiduciary, 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 thereof.
It shall be unlawful for an owner, lessor, sublessor, any other person(s) with possessory or use right(s) to offer or obtain actual or anticipated consideration for soliciting, advertising, offering and/or permitting, allowing or failure to discontinue the use of a private indoor and outdoor swimming pool on an hourly, daily, weekly or seasonal basis. Swim clubs, field clubs, hotel and like facilities are hereby exempt from this prohibition. The use of a pool by the tenant of a residential rental dwelling is permitted; however, the pool may not be rented to third parties.
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 Building Code Official, Fire Official, Health Department, other Subcode or Code Official, Englewood Police Department, 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 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 $1,250. 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, Bergen 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 provision or clause of this article or the application thereof to any person or circumstance is judicially held invalid, a reviewing court may amend the ordinance 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 Englewood, 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.[1]
This article shall become effective after second reading and 30 days after being published in a newspaper of general circulation within the City.