City of Hoboken, NJ
Hudson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 1-7-1959.[1]Amendments noted where applicable.]
GENERAL REFERENCES
Division of Human Resources — See Ch. 4, Art. IV.
Board of Health — See Ch. 33.
Housing Authority — See Ch. 38.
Division of Public Safety — See Ch. 46, Art. II.
Department of Public Works — See Ch. 58.
[1]
Editor's Note: This chapter is derived from Ch. 13 of the former Revised Ordinances of the City of Hoboken, New Jersey, adopted 1-7-1959 by Ord. No. 123.

§ 79-1 Purpose.

This chapter is regulatory and not for revenue purposes and is enacted to safeguard the health, life and safety of the occupants of hotels, rooming, lodging and boarding houses and furnished apartments covered thereby.

§ 79-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
GUEST ROOM
A room, whether furnished or unfurnished, which is occupied or is intended, arranged or designed to be occupied for sleeping purposes by one or more guests.
HOTEL
Every building kept, used, maintained, advertised as or held out to be a place where sleeping accommodations are supplied for pay to transients or permanent guests in which 15 or more rooms are rented, furnished or unfurnished, with or without meals, for the accommodation of such guests or every building or part thereof which is rented for hire to 30 or more persons for sleeping accommodations.
ROOMING, LODGING AND BOARDINGHOUSE
Every building of two or more stories in height kept, used, maintained, advertised as or held out to be a place where sleeping accommodations are supplied for pay to transients or permanent guests in which 14 or fewer rooms are rented, furnished or unfurnished, with or without meals, for the accommodation of such guests.

§ 79-3 Application for permits.

A. 
No building or parts of a building shall be used as a hotel, rooming, lodging or boarding house prior to the person desiring such use making an application and receiving a permit from the Director of the Division of Public Safety. The application shall be on the form adopted by the Director and shall be signed and sworn to by the person or his authorized representative thereof desiring such use.
[Amended 11-4-1987 by Ord. No. V-140]
B. 
The application must be in writing and shall set forth the name of the applicant, his address, his occupation, the location of the building, the number of rooms therein and the number of stories in height and shall designate the rooms which are to be occupied as sleeping rooms.
C. 
A fee of $1 shall be paid at the time of the presentation of the application to the Director of the Division of Public Safety for the permit required herein, which fee shall be turned in to the treasury of the City.
[Amended 11-4-1987 by Ord. No. V-140]

§ 79-4 Issuance of permit.

A. 
Such permit shall be issued only to persons of good moral character and shall not be transferable.
B. 
A permit shall be issued only for a building meeting the requirements of this chapter and to the person desiring actually to use the building as a hotel, rooming, lodging or boarding house, and the permit shall terminate at any time after its issuance in the event that the use of the building for such purpose shall cease or the building shall be declared by the inspector not to be in compliance with this chapter.
C. 
Such permit shall be signed by the Director of the Division of Public Safety and shall be posted in a prominent place in the building at all times.
[Amended 11-4-1987 by Ord. No. V-140]
D. 
All permits shall run from January 1 of each year and shall terminate on the last day of December.
E. 
Application for renewal of permits must be made as if an original permit is applied for.

§ 79-5 Permit approval.

[Amended 11-4-1987 by Ord. No. V-140]
Before any permit is issued for any building for any of the purposes aforesaid, the Director of the Division of Public Safety shall receive the written approval from the Chief of the Fire Division that the building complies in all respects with this chapter.

§ 79-6 Conditions for hotel permit.

No permit shall issue for the use of any building as a hotel unless the building complies with the requirements of N.J.S.A. 29:1-8 et seq.

§ 79-7 Conditions for rooming, lodging or boarding houses.

[Amended 11-4-1987 by Ord. No. V-140]
A. 
No permit shall issue for the use of any building as a rooming, lodging or boarding house unless the building complies with this chapter in the following respects:
(1) 
Fire escapes must conform to Tenement House Laws of the State of New Jersey in buildings subject to such laws, and, in addition thereto, a red light on the passageway or doorway leading to each fire escape shall be lighted at all times, and doors leading to such fire escapes shall be unlocked from the inside at all times.
(2) 
In every bedroom above the first floor in any building not subject to the Tenement House Laws, there shall be installed a nonmechanical portable fire escape of nonrope construction which shall be of a reversible type and capable of having a tensile strength of 800 pounds, which escape must be approved by the Director of the Division of Public Safety. The escape shall be securely fastened to the wall or window head in the bedroom and shall be enclosed in a metal box, at all times accessible, with instructions for use in the cover of the box.
B. 
The Director of the Division of Public Safety may, in addition to the foregoing minimum requirements, require such other fire protection in such buildings as he may deem reasonably necessary for the safety of the occupants thereof.

§ 79-8 Enforcement.

[Amended 11-4-1987 by Ord. No. V-140]
The authority and duty to carry out the provisions of this chapter shall be vested in the Director of the Division of Public Safety in conjunction with and with the cooperation of the Chief of the Fire Division.

§ 79-9 Compliance with regulations.

The permittees shall at all times comply with all local, county and state requirements and all fire and police regulations and the requirements of the Building Code of the City of Hoboken[1] and regulations prescribed by the statutes of the State of New Jersey.
[1]
Editor's Note: See Ch. 86, Construction Codes, Uniform.

§ 79-10 Register to be kept.

A. 
Every person conducting any boardinghouse, rooming house, lodging house, hotel or furnished apartment house shall at all times keep therein a standard hotel register, in which shall be inscribed in ink the name and home address of each and every guest or person renting or occupying a room, rooms or furnished apartment therein. The names of such guests shall be recorded upon the register by the persons themselves, and, if they cannot write, the name shall be written in by the person renting such room, rooms or furnished apartment, stating that the person renting the room or furnished apartment could not sign his name. The register also shall include the home address of such guests and the number of the room, rooms or furnished apartment assigned to each guest and the time when the same is rented, whether a.m. or p.m. Until all such entries have been made in such register, no guest shall be permitted to occupy privately any room or furnished apartment in such house. At any time any room, rooms or furnished apartment or furnished apartments are surrendered, it shall be the further duty of the owner to enter the time thereof in the register opposite the name of the person making such surrender. Such register shall be open at all times to the inspection of any guest of such house and any peace officer of the City.
B. 
In case a reference book or other record is kept in addition to the standard hotel register, the information therein required, in whole or in part, may be kept in such reference book or record, and all entries therein shall be a part of the boardinghouse, rooming house, lodging house, hotel or furnished apartment house record and shall be subject to the same inspection as the standard hotel register kept.

§ 79-11 False registration.

It shall be unlawful for any person to write or cause to be written in any register in any boardinghouse, rooming house, lodging house, hotel or furnished apartment house any other or different name than the true name of such person or the name by which such person is generally known.

§ 79-12 Registering persons of opposite sex.

No room or furnished apartment shall be rented or assigned to or privately occupied jointly by persons of opposite sex unless such persons shall be and are registered as husband and wife or as parent and minor child, and in no case, notwithstanding such registration, if the manager or person in charge of such boardinghouse, rooming house, lodging house, hotel or furnished apartment house shall have reasonable cause to believe that such persons do not bear the relation to each other as represented on such register.

§ 79-13 Registering for less than overnight.

No room in any boardinghouse, rooming house, lodging house, hotel or furnished apartment shall be rented for sleeping or lodging purposes more than once between the hours of 6:00 p.m. and 6:00 p.m. of the following day, except to bona fide travelers with baggage.

§ 79-14 Number of rooms.

Every person conducting a boardinghouse, rooming house, lodging house, hotel or furnished apartment house shall cause each sleeping room or furnished apartment in such house to be numbered in a plain and conspicuous manner. Such number shall be placed on the outside door of the room or furnished apartment, and no two rooms or furnished apartments shall bear the same number.

§ 79-15 Liability for employee's acts.

In the conduct of any boardinghouse, rooming house, lodging house, hotel or furnished apartment house, the acts of the agents, servants or employees of the owner or proprietor thereof shall be deemed to be the acts of the employer, owner or proprietor.

§ 79-16 Revocation of permit.

[Amended 11-4-1987 by Ord. No. V-140]
A. 
Permits issued under this chapter may be revoked by the Director of the Division of Public Safety whenever it shall be found that the permittee or owner, agent, servant or employee of the permittee has violated any provision of this chapter or permitted the same to be violated or has violated any other ordinance of the City or any statute of the State of New Jersey in the conduct of the business for which this permit is granted; provided, however, that no such permit shall be revoked unless charges, in writing, shall first have been filed with the City Clerk, setting forth with reasonable certainty the nature of such charges against the permittee. Upon the filing of the charges as aforesaid, the time and place for the hearing of the charges shall be fixed, and a copy of the charges as filed, together with notice of the time and place of hearing, shall be served on the permittee at least five days prior to the date fixed by the Director of the Division of Public Safety for the hearing.
B. 
Any notice thereof for charges against the permittee shall be served either:
(1) 
By delivering a copy personally to the permittee; or
(2) 
By leaving a copy with some person of suitable age and discretion in the place of business of the permittee or, if no such person can be found at the place of business of the permittee, by leaving a copy of such notice for the permittee at his place of business as set forth in his application for license.
C. 
At the hearing of the charges, the permittee shall have the right to appear and defend the charges and, if he so desires, to be represented by counsel.

§ 79-17 Time for inspection.

[Amended 11-4-1987 by Ord. No. V-140]
Any inspection which may be made by the Building Inspector, the Acting Building Inspector, the Police Division, the Fire Division, or anyone duly authorized by either the Director of the Division of Public Safety or the Fire Division or Police Division to make such inspection or inspections may be made before or after the permit is issued at all reasonable hours.

§ 79-18 Violations and penalties.

[Amended 11-4-1987 by Ord. No. V-140]
A. 
Any person engaging in the business of keeping a boardinghouse, rooming house, lodging house, hotel or furnished apartment house without first having obtained a permit therefor or any person who shall violate any provision of this chapter shall, upon conviction thereof before the, Municipal Court, be subject to a fine not exceeding $1,000 or to imprisonment for a period not exceeding 90 days, or both, the amount of such fine and imprisonment, within the limitation aforesaid, to be determined in the discretion of the Municipal Judge.
B. 
Any corporation which, by its officers, agents or employees, shall violate any provision of this chapter shall, upon conviction thereof before the Municipal Court, be subject to a fine of not more than $1,000, the amount of such fine, within the limitations aforesaid, to be determined in the discretion of the Municipal Judge.
C. 
An action at law may also be taken in the name of the Mayor and Council to compel compliance with this chapter or to prevent, enjoin or restrain the use of any premises where the use of such premises is a violation of any provision of this chapter.