[Adopted 5-3-1971 as Ch. 18A of the 1962 Code (Ch. 194,
Art. III, of the 1987 Code)]
For the purposes of this article, the following
words or phrases shall have the meanings respectively ascribed to
them by this section:
Door-to-door soliciting or soliciting by use of circulars,
visitations or any other means where the canvasser or his employer
has not been invited or requested by the owner, as defined in this
section, to obtain a listing of real property or to confer with the
owner regarding real estate transactions. The term shall not apply
when such soliciting is restricted to a specific house on a particular
day.
The lessee, sublessee, assignee, managing agent or other
person having the right of ownership or possession or the right to
sell, rent or lease any real property.
Any occupant, prospective occupant, lessee, prospective lessee,
buyer, prospective buyer or any of their agents.
A.
Any person who receives or expects to receive pecuniary gain from the sale of real property in the Township shall be required to complete and file a form, provided by the Township Clerk, in accordance with Subsections B and C of this section prior to engaging in any activities to canvass in the Township in an attempt to obtain listings of real property or in an attempt to bring about the sale or purchase of real property.
B.
The form shall contain the following information:
(1)
Name and address of the person completing the form.
(2)
Name and address of the person by whom such person
is employed.
(3)
A listing of the particular blocks in the Township
which the person intends to canvass, as well as the date of canvass.
This listing shall be a realistic estimate of the actual intent of
the canvasser.
C.
The form shall be completed and filed no less than
10 days nor more than 30 days prior to the date on which the canvass
will take place.
It shall be unlawful for any person to commit
any of the following acts:
A.
To induce, directly or indirectly, or attempt to induce,
directly or indirectly, the sale or listing for sale of real property
by representing that an adverse change has occurred or will or may
occur with respect to the racial, religious or ethnic composition
of the block, neighborhood or area in which the property is located.
B.
To induce, directly or indirectly, or attempt to induce,
directly or indirectly, the sale or listing for sale of real property
by representing that the presence or anticipated presence of persons
of any particular race, religion or national origin in the area will
or may result in:
C.
To make any misrepresentations concerning the listing
for sale, the anticipated listing for sale or the sale of real property
in the area for the purpose of inducing or attempting to induce the
sale or listing for sale of real property.
D.
To make any representation to any prospective purchaser
that any block, neighborhood or area has undergone or will or might
undergo an adverse change with respect to the religious, racial or
ethnic composition of the block, neighborhood or area for the purpose
of discouraging the purchase of property in a particular area.
E.
To place a sign purporting to offer for sale any property
that is not in fact offered for sale.
F.
To advertise for sale or rental property which is
nonexistent or which is not actually for sale or rental.
G.
To engage in or hire or conspire with others to commit
acts or activities of any nature, the purpose of which is to coerce,
cause panic, incite unrest, create or play upon fear with the purpose
of inducing or attempting to induce the sale or listing for sale of
real property.
H.
To solicit a listing from any homeowner who has previously
requested, in writing, that such person refrain from soliciting such
homeowner.
I.
To engage in any economic reprisal or any other form
of intimidation against any person because that person has filed a
complaint or testified, assisted or participated in any manner in
any investigation, proceeding or conference under the terms of this
article.
J.
To aid, abet, incite, compel or coerce any person
to engage in any of the practices forbidden by this article or to
obstruct or prevent any person from complying with the provisions
of this article.
[Amended 11-2-1987]
The Township Clerk shall have the following
functions, powers and duties in addition to those provided otherwise
by law.
A.
To adopt, promulgate, amend and rescind suitable rules
and regulations to carry out the provisions of this article, provided
that such rules and regulations shall be approved by the Township
Council and, upon approval, filed with the Township Clerk.
B.
To receive and investigate complaints alleging violations
of the provisions of this article.
C.
To hold conferences and make investigations and, for
this purpose, to call upon Township officials and employees and other
bodies to aid and assist them therein.
D.
To render each year to the Township Council a written
report of activities pertaining to this article.
[Amended 11-2-1987]
Any person claiming to be aggrieved by an alleged
unlawful practice forbidden by this article may, by himself or by
his attorney at law, make, sign and file with the Township Clerk a
verified complaint, in writing, which shall state the name and address
of the person alleged to have committed the unlawful practice complained
of and which shall set forth the particulars thereof and contain such
other information as may be reasonably required by the Township Clerk.
[Amended 11-2-1987]
A.
After the filing of a complaint by an aggrieved person
or by any Township resident, the Township Clerk shall cause a prompt
investigation to be made of the alleged unlawful practice.
B.
If, after such investigation, the Township Clerk shall
determine that no probable cause exists for crediting the allegations
of the complainant, they shall, within 10 days from such determination,
cause to be issued and served upon the complainant written notice
of such determination.
C.
If, after such investigation, the Township Clerk shall
determine that probable cause exists in accordance with the allegations
of the complaint, they shall immediately endeavor to eliminate the
unlawful practice complained of by conference and conciliation. Such
conference shall be opened to the public unless otherwise requested
by one or both of the parties to the conference. The Township Clerk
may refer the matter to other public boards or Township officials
or employees to conduct or assist in such conferences.
D.
If the practice complained of is not eliminated, the
Township Clerk may:
(1)
Refer the matter to the State Real Estate Commission
for such disciplinary action as may seem appropriate and make any
records available to the Commission as may relate to the matter, notwithstanding
any other action which the Township Clerk may take or may already
have taken.
(2)
Sign a complaint against the alleged offending person
for trial before the Municipal Court.
(3)
Refer the entire file to the Township Attorney for
such action as they may deem proper or necessary in the circumstances.
[Amended 11-2-1987]
Any person who violates any provision of this
article shall, after conviction, be punished by a fine of not more
than $1,000 or by not more than 90 days in jail, or both.
