[HISTORY: Adopted by the Township Council of the Township
of Brick 11-10-2020 by Ord. No. 21-20. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The area of the Township of Brick southeast of the Mantoloking
Bridge and geographically between Barnegat Bay and the Atlantic Ocean.
Any building or portion thereof designed or used exclusively
for one or more dwelling units.
A room within or section of a dwelling that constitutes an
area less than the entire dwelling.
A.Â
This chapter aims to curtail, and in certain circumstances prohibit,
the increasingly widespread practice of renting or leasing various
types of dwellings, or segments thereof, located primarily in residential
neighborhoods, on a short-term basis to transient guests. This practice
has been popularized and facilitated by various websites that advertise
and broker these rentals. Left unregulated, this practice will transform
many residential dwellings into a detriment to the health, safety,
and quiet enjoyment of the affected neighborhoods.
B.Â
This chapter does not apply to lawfully established and operating
hotels, motels, rooming houses, boardinghouses, and bed-and-breakfast
establishments.
No dwelling, or segment thereof, may be rented or leased for
a term of less than 30 days.
Notwithstanding the restriction set forth in § 239-3, minimum rentals of seven days or more of a dwelling unit are permitted during the period from May 15 through October 15 on the barrier island.
The lease or rental of any dwelling for commercial or corporate
purposes is prohibited.
The lease or rental, for any purpose, of any amenity, feature,
accessory, or appurtenance to or associated with a dwelling is prohibited.
The print, electronic, or internet advertisement of any rental
that is prohibited by or fails to comply with the provisions of this
chapter or any other applicable provision of the Township Code is
prohibited.
The Division of Code Enforcement and the Police Department are
empowered to enforce this chapter.
A.Â
Every person convicted of a violation of a provision of this chapter
shall be subject to the maximum fine and penalties established under
N.J.S.A. 40:49-5 and any subsequent amendments thereto.
B.Â
Each and every day a violation of this chapter persists shall constitute
a separate violation.
C.Â
To the extent the conduct prohibited under this chapter also violates
other provisions of the Township Code, those violations constitute
separate offenses subject to additional fines and penalties as prescribed.