[HISTORY: Adopted by the Mayor and Council of the Borough
of Dumont 8-21-2024 by Ord. No. 1639. Amendments noted where applicable.]
The Borough of Dumont, County of Bergen, State of New Jersey,
hereby finds and adopts, as if set forth more fully herein, the fact
assertions of the "whereas" clauses of this chapter, as its findings
of fact.
A.
Notwithstanding anything to the contrary contained in the Borough
Code, 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 as a short-term
rental, as defined herein.
B.
Nothing in this chapter will prevent the formation of an otherwise
lawful residential occupancy of a dwelling unit for a rental period
of 31 days or more.
C.
Nothing in this chapter 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. 55:13A-1 et seq.
D.
The lease or rental, for any purpose, of any amenity, feature, accessory,
or appurtenance to or associated with a dwelling is prohibited.
As used in this chapter, 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 chapter, 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 chapter.
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, cooperative,
converted space, or potions 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.
A website or marketplace in whatever form, whether online
or not, which facilitates short-term rentals through advertising,
searching, matchmaking, 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 revenues,
from providing or maintaining the website or marketplace.
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).
A residential occupancy for a period of fewer than 31 days.
The residential occupancy of an otherwise lawful and lawfully
occupied dwelling unit for a period of 30 days or less by a person
who is a member of the housekeeping unit of the owner, without consideration,
such as house guests, is permitted.
A.
The provisions of this chapter shall be enforced by the Construction
Official, Zoning Official, Fire Official and/or other subcode or code
official, as their jurisdiction may arise, including other persons
designated by the Borough Council, to issue municipal civil infractions
directing alleged violators of this chapter to appear in court or
to file civil complaints.
B.
A violation of this chapter 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 chapter,
without regard to intent or knowledge, shall be liable for the maximum
civil penalty, upon adjudicated violation or admission, of a fine
not exceeding $1,000. Each day of such violation shall be a new and
separate violation of this chapter.
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 Borough of Dumont Municipal Court
or the Superior Court of New Jersey in the vicinage of 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 portion of this chapter is adjudged unconstitutional
or invalid by a court of competent jurisdiction, such judgment shall
not affect or invalidate the remainder of this chapter but shall be
confined in its effect to the provision directly involved in the controversy
in which such judgment shall have been rendered.
