ORDINANCE NO. 2026-29

AN ORDINANCE OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY REPEALING AND REPLACING CHAPTER 350

BE IT ORDAINED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, as follows:

SECTION 1. Chapter 350, entitled "Short Term Rentals" is hereby repealed and replaced in its entirety as follows:

§ 350-1. Purpose and scope.

• A.The Township of Jackson is authorized to regulate buildings used for sleeping, lodging and occupancy for purposes including but not limited to boardinghouses, rooming houses, rental housing or other living units pursuant to N.J.S.A.. 40:52-1 et seq. In addition, N.J.S.A.. 40:48-2.12(a) provides that the governing body of a municipality may make, amend and repeal and enforce ordinances to regulate buildings and structures and their use and occupation to prevent and abate conditions therein harmful to the health and safety of the occupants of said building and structures and the general public in the municipality. This article 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 flophouses to the detriment to the health, safety, and quiet enjoyment of the affected neighborhoods.
• B.This chapter does not apply to lawfully established and operating hotels, motels, rooming houses, boardinghouses, and bed-and-breakfast establishments.

§ 350-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

A. ADVERTISE or ADVERTISING

Any form of solicitation, promotion, and/or 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 chapter, as same may be viewed through various media including, but not limited to, signs, newspapers, magazines, flyers, commercials, radio, direct mail, internet websites, or text or other electronic messages for the purpose of establishing occupancies or uses of property, for consideration, which are prohibited by this chapter.

B. COMMERCIAL RENTAL PROPERTY

A residential property that at least one property owner does not use at their primary residence for at least 12 continuous weeks during a calendar year.

C. 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.

D. DWELLING

Any building or portion thereof designed or used exclusively for one or more dwelling units, as delineated below:

E. DWELLING UNIT

A building or part thereof having cooking, sleeping and sanitary facilities designed for or occupied by one family and which is entirely separated from any

DASTI, McGUCKIN, McNICHOLS, CONNORS, ANTHONY & BUCKLEY

COUNSELLORS AT LAW

620 WEST LACEY ROAD FORKED RIVER, N.J. 08731 BE IT ORDAINED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, as follows: