[HISTORY: Adopted by the Mayor and Council of the Borough of Bellmawr 9-28-2023 by Ord. No. 09:12-23. Amendments noted where applicable.]
The Mayor and Borough Council hereby find and adopt, as if set forth more fully herein, the fact assertions of the "Whereas" clauses of this chapter, as their findings of fact.[1]
WHEREAS, the New Jersey Legislature has, pursuant to N.J.S.A. 40:52-1(d) and (n), specifically authorized municipal corporations, including the Borough of Bellmawr ("Borough") to regulate "furnished and unfurnished rented housing or living units and all other places and buildings used for sleeping and lodging purposes and the occupancy thereof" and the "rental of real property for a term of less than 175 consecutive days for residential purposes by a person having a permanent place of residence elsewhere"; and
WHEREAS, in recent years, there has arisen a proliferation of interest and other media advertising often on websites dedicated to the rental of dwelling units for short terms and for a period of less than 30 days ("Short-Term Rental"); and
WHEREAS, the Borough's experience, as well as common experiences, dictates the conclusion that short-term rentals frequently result in public nuisance, noise complaints, sanitation issues, overcrowding and illegal parking within the residential neighborhoods of the Borough, and essentially convert residential dwelling units into illegal de facto hotels, swim clubs, motels, boarding houses and other commercial enterprises in violation of the Borough's Zoning and other codes as well as state statutes; and
WHEREAS, the Borough wishes to deter the cyber-social phenomenon of any owner renting his/her residential dwelling unit(s) on various websites as well as the listing of short-term rental(s) by website businesses, of any dwelling unit(s), that constitutes an illegal business operating in violation of the Borough's Zoning Code and other public nuisance ordinances; and
WHEREAS, the Borough additionally wishes to prevent overcrowding which can result when the Borough's occupancy limits are exceeded; and
WHEREAS, problems also frequently associated with such short-term rental(s) can result when the Borough's overcrowding, excessive noise, unruly behavior, obscene language, fighting, littering, parking of vehicles on lawns, public urination, sanitation issues, poor maintenance of the property and grounds, and violation of trash collection ordinances;
[1]
Editor's Note: Said clauses are as follows:
A. 
Notwithstanding anything to the contrary contained in the Borough Code, it shall be unlawful for an owner, lessor, sub-lessor, 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, or the appurtenances thereto, as defined herein, for a period of 30 days or less.
B. 
Nothing in this chapter 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 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 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.
CONSIDERATION
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.
DWELLING UNIT
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, swimming, 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 guest(s) for consideration, for a period of 30 days or less.
HOUSEKEEPING UNIT
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.
OCCUPANT
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.
OWNER
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.
PERSON
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.
RESIDENTIAL OCCUPANCY
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.
A. 
The provisions of this chapter 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 Borough or other persons designated by the Borough Council, to issue municipal civil infractions directing alleged violators of this chapter and/or to appear in court or 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 $2,000. 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'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 chapter or the application thereof to any person or circumstance is judicially held invalid, a reviewing court may "blue pencil" the Ordinance to correct such invalidity and carry out the intent of this chapter. Such invalidity shall not affect any remaining portions or application of this chapter which can be given effect, without the invalid portion or application.
This chapter shall supersede and replace any other provisions of the Code of the Borough of Bellmawr, now or later enacted, which have or may be construed to have differing or contrary terms or conditions relating to the subject of this chapter. This chapter is not intended to alter the current or later enacted amendments to the Borough's Zoning Code.[1]
[1]
Editor's Note: See Ch. 260, Land Use and Development.
Any article, section, paragraph, subsection, clause, or other provision of the Code of the Borough of Bellmawr inconsistent with the provisions of this chapter is hereby repealed to the extent of such inconsistency.
If any section, paragraph, subsection, clause, or provision of this chapter 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 chapter shall be deemed valid and effective.