[HISTORY: Adopted by the Municipal Council of the Town of Irvington 5-22-2023 by Ord. No. MC 3824[1]. Amendments noted where applicable.]
[1]
Editor's Note: This chapter, adopted as Ch. 46, was renumbered to fit the organization of the Code.
ADVERTISE or ADVERTISING
Any form of solicitation, promotion, and communication for marketing that is used to solicit, encourage, persuade, or manipulate viewers, readers, or listeners into contracting for goods and/or services in violation of this chapter. This includes the use of media and includes, but is not limited to, the use of newspapers, magazines, flyers, handbills, pamphlets, direct mail, internet websites or text or other electronic messages for the purpose of establishing occupancies or uses of rental property, for payment, which is prohibited by this chapter.
CONSIDERATION
Soliciting any money, charging or demanding same, receiving, or accepting any form of consideration, including a promise or benefit, a quid pro quo, rent, fees, other forms of payment or thing of value.
DWELLING UNIT
Any structure or portion thereof, 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 residential occupancy, by one or more persons. This includes an apartment, condominium, building, co-operative, converted space or portions thereof 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
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.
SHORT-TERM RENTAL
Rental of a dwelling unit, or any part of a dwelling unit, including any accessory building, structure or use to the dwelling unit including, but not limited to, a vehicle parked on the property, for 30 consecutive days or less, excluding community residences, shelters, adult family care homes, a residence temporarily occupied by the owner or another residential property within the Township then undergoing construction activity, or the extension, on a month-to-month basis, of any existing lease with a term of at least six months duration by the existing tenant.
A. 
No residential premises, including dwelling houses, apartments, rooming houses or boarding houses or any parts thereof or rooms therein, except by duly licensed hotels and motels, shall be rented or let for occupancy by any person or persons for a period or term of less than 30 days.
B. 
Notwithstanding anything to the contrary contained in the Township Code, it shall be unlawful for an owner, 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 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, as defined herein, for a period of less than 30 days.
C. 
Nothing in this chapter prevents formation of an otherwise lawful occupancy of a dwelling unit for a rental period of more than 30 days.
D. 
Nothing in this chapter will prevent formation of an otherwise lawful occupancy of a dwelling unit that has previously been engaged in a lawful lease and continues to be rented on a month-to-month basis.
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.
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 Building Code Official, Fire Official, Health Department, or other Subcode or Code Official, as their jurisdiction may arise, including legal counsel for the Township or other designated by the Township of Irvington, to issue municipal citations for infractions against alleged violators of this chapter and/or to appear in court or to file civil complaints.
B. 
Violation of this chapter is hereby declared by the Municipal Council to be a public nuisance, a nuisance per se, and is hereby further found to be offensive to the public health, safety, and welfare.
C. 
Any person found to be in violation of any provisions of this chapter, without regard to intent or knowledge, shall be liable for the maximum 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.