[HISTORY: Adopted by the Borough Council of the Borough of
Medford Lakes 11-10-2021 by Ord. No. 685. Amendments noted where
applicable.]
A.
Notwithstanding anything to the contrary contained in the Borough
ordinances, it shall be unlawful for an owner, landlord, managing
agent, lessor, sublessor, 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
persons(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 portion
thereof, 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:
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 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 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.
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
uses, possesses, owns, leases, subleases or licenses (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).
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 houseguests, is permitted.
It shall be unlawful to advertise, solicit or promote by any
means actions in violation of this chapter.
A.
The provisions of this chapter shall be enforced by the Zoning Officer,
Building Department, Building Code Official, Fire Official, Fire Marshal,
Health Department, other Subcode or Code Official, as their jurisdiction
may arise, 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 a penalty, upon adjudicated violation or admission, of a fine in accord with § 1-15 of this Code, as determined by the Municipal Court. 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 Burlington
County, or in such other court or tribunal of competent jurisdiction,
by either summary disposition or by zoning or construction code municipal
proceeding.
