As used in this chapter, the following terms
shall have the meanings indicated:
DOMICILE
The place where a person has a true, fixed and permanent
home and principal establishment and to which, whenever absent therefrom,
there exists an intention to return.
LICENSEE
The holder of the license to conduct a motel business.
MOTEL
A building or buildings containing multiple units of dwelling
space where sleeping or dwelling accommodations are available to transient
occupants.
MOTEL UNIT
A room or suite of rooms in a motel occupied or designed
for temporary living or sleeping purposes and containing closet space
and a bathroom.
PERMANENT RESIDENCY
Actual and physical occupancy of a dwelling space by persons
with intent to remain indefinitely and to establish a domicile therein.
RESIDENT
Any person who actually and physically occupies a dwelling
with an intent to remain indefinitely and to establish a domicile
therein.
TRANSIENT OCCUPANT
A person physically occupying a motel unit and having a principal
residence elsewhere.
Permanent residency at motels is prohibited.
Motel units shall be rented only for the use
of transient occupants and shall not be used for occupancy on any
permanent basis. No such occupant shall be deemed to be a resident
therein. Nothing in this section shall apply to an employee of the
licensee required to live on the premises, provided that there is
compliance with this chapter and all other laws, statutes, regulations
and ordinances.
There shall be a minimum usable floor area of
50 square feet for each occupant of a motel unit. In motel units provided
with cooking and eating facilities by the licensee, there shall be
a minimum usable floor area for the initial occupant of 150 square
feet and 100 square feet of additional space for each additional occupant.
These minimum requirements are subject to the proviso that children
under the age of two shall not be considered additional occupants.
Cooking and the use of cooking appliances shall
be prohibited in all motel units, unless the licensee has specifically
equipped the unit with cooking facilities.
The keeping of animals/pets in motel units or
on motel premises by guests is prohibited, unless the licensee expressly
permits such animals/pets on the motel premises; provided, however,
that such animals/pets shall not cause unreasonable noise, noxious
or foul odors nor be the cause of any sickness hazardous to public
health.
[Amended 4-12-2006 by Ord. No. 20-2006]
Violation of any provision of this chapter shall,
upon conviction thereof, be punished by a minimum fine of $100 or
a maximum of $2,000 or by imprisonment for a term not exceeding 90
days or by a period of community service not exceeding 90 days. Each
and every violation shall be considered a separate violation. Any
person who is convicted of violating the provisions of this chapter
within one year of the date of a previous violation and who was fined
for the previous violation may be sentenced by the Court to an additional
fine as a repeat offender. The additional fine imposed as a repeat
offender shall not be less than the minimum or exceed the maximum
fine provided herein, and same shall be calculated separately from
the fine imposed for the violation of this chapter.
[Added 7-15-2020 by Ord. No. 9-2020]
The Township Committee hereby find and adopt, as if set forth
more fully herein, the fact assertions of the "whereas" clauses of
this article, as their findings of fact.
Notwithstanding the restriction set forth in §
155-11, minimum rentals of seven days are permitted in the West Atlantic City section of the Township as well as the neighborhoods of Anchorage Poynte and Seaview Harbor during the period of May 15 through October 15.
As used in this article, 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 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, as a residential occupancy, by one or more persons.
This definition includes an apartment, condominium, building, co-operative,
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, sub-lease 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.
RENTALS OF AMENITIES
The lease or rental, for the purposes, of any amenity, feature,
accessory use, or appurtenance to or associated with a dwelling is
prohibited, whether it be the owner or tenant of a property.
[Added 2-15-2023 by Ord. No. 7-2023]
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.
The lease or rental of any dwelling for commercial or corporate
purposes is prohibited.
The print, electronic, or internet advertisement of any rental
that is prohibited or fails to comply with provisions of this article
or any other applicable provision of the Township Code is prohibited.
[Amended 8-17-2022 by Ord. No. 37-2022]
A. Any owner, lessor, sublessor, any other person(s) or entity(ies)
with possessory or use right(s) in a dwelling unit who chooses to
rent their dwelling unit in accordance with this article must register
the dwelling unit with the Division of Inspections annually and obtain
a certificate of continued occupancy (CCO) on an annual basis.
B. The fee for annual registration shall be $50 and the fee for the
CCO shall be $200, with completed application on the Township website.