As used in this chapter, the following terms shall have the
meanings indicated:
CANVASSING
Door-to-door soliciting or soliciting by the use of circulars,
visitations, or any other means, where the canvasser or his or her
employer has not been invited or requested by the owner (as defined
below), to obtain a listing of real property or to confer with the
owner regarding a real estate transaction. This applies to private,
personal and professional activity alike.
COMMERCIAL SOLICITATION or SOLICITATION
The act of asking, bartering, or communicating in any other
such manner, whether orally, or by written or printed material, direct
or implied, by an individual or group of individuals for a for-profit
purpose, including the purchase or intimidation of residents to sell
their real property. Solicitation is not communication that is political,
religious, or charitable in nature and does not involve solicitation
of money, funds, contributions, or anything of value.
ITINERANT VENDOR
Any person who sets up or operates a temporary business on
privately owned property, whether improved or unimproved, in the Township,
soliciting, selling, or taking orders for, or offering to sell or
take orders for, any goods or services. A temporary business is one
that continues for 45 days or less and exists whether solicitation
is from a stand or a vehicle, or freestanding. Any business that exists
more than 45 days shall be deemed to be a permanent occupancy and
is required to obtain a certificate of occupancy from the Building
Inspection Department.
MOTOR VEHICLE
Any vehicle used for the displaying or storing of articles
offered for sale by a vendor, and which is required to be registered
with the New Jersey Department of Motor Vehicles.
OWNER
The lessee, sublessee, assignee, managing agent or other
person having the right of ownership or possession or to sell, rent,
or lease any real property.
PERSON
Any individual, but not a corporation, partnership, or any
form of business entity.
PURCHASER
Any occupant, prospective occupant, lessee, prospective lessee,
buyer, prospective buyer, or any agent thereof.
RESIDENCE
Any separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure.
VENDING UNIT
Any vehicle or device which may be moved without assistance
of a motor; is not required to be registered with the New Jersey Department
of Motor Vehicles; and is used for the displaying, storing or transporting
of articles offered for sale by a vendor.
VENDOR
Any person who goes from house to house or place to place,
by foot or any means of conveyance, selling goods or services or soliciting
orders for future delivery of goods or services. "Vendor" shall mean
the same as "peddler," "hawker" and "solicitor."
Any registration issued in accordance with the provisions of
this chapter may be suspended or revoked by the Jackson Township Municipal
Court for any of the following reasons:
A. Fraud or misrepresentation in the application process.
B. Fraud or misrepresentation made during the course of conducting canvassing,
itinerant vending, or soliciting.
C. Conducting the business of canvassing, itinerant vending, or soliciting
in such a manner as to create a public nuisance or jeopardize the
public's health, safety or welfare.
D. Operating beyond the time, place, and manner restrictions outlined in §
310-3.
The business of vending shall be subject to the following regulations:
A. The business of vending may be conducted between the hours of 7:00
a.m. and 9:00 p.m., and all vending units shall be off the streets
and sidewalks of the Township between 9:00 p.m. and 7:00 a.m.
B. All vending units must be mobile.
C. There shall be no vending within 200 feet of any school, church,
synagogue or other house of worship while the same is in session.
D. No vending units or motor vehicles shall be left unattended for any
reasons on the streets or sidewalks of the Township.
E. All vendors in the business of selling food and/or beverages shall
have a litter receptacle available for public use. All litter and
refuse shall be collected and taken away by the vendor when he or
she leaves the location.
F. All materials and merchandise related to the vending business must
be located on the vending unit.
G. No vendor shall offer for sale any merchandise other than that described
in his/her registration.
H. No vendor shall have an exclusive right to any location in the public
streets, nor shall he/she be permitted to vend from a permanent public
location.
I. No vendor shall be permitted to operate in any area where such operation
might unreasonably impede traffic, jeopardize the public's health,
safety or welfare or create a public nuisance.
J. No vendor shall place his or her vending unit within 500 feet of
any location already being used by another vendor or established merchant.
No person shall engage in the following acts:
A. The promoting, influencing, or attempting to promote or influence
a property owner, occupant, or tenant to list for sale, sell, or remove
from a lease real property by referring to race, color, sexual orientation,
ethnicity, or religious affiliation of neighbors, prospective buyers,
or other occupants of prospective occupants of real property.
B. 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 has resulted or may
result in:
(1) The lowering of property values;
(2) A change in the racial, religious, or ethnic composition of the block,
neighborhood, or area in which the property is located;
(3) An increase in criminal or antisocial behavior in the area;
(4) A decline in the quality of the schools serving in the area.
C. Make any representation (or misrepresentations) concerning the listing
for sale or the anticipated listing for sale or the sale of any real
property in any residentially zoned areas for the purpose of inducing
or attempting to induce the sale or listing for sale of other real
property in such area.
D. Make any representation to any prospective purchaser that any block,
neighborhood or area has, 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. Place a sign purporting to offer for sale any property that is not
in fact offered for sale.
F. Advertise for sale or rental a property which is nonexistent or which
is not actually for sale or rental.
G. 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 or canvass any owner whose name and property address is
included on the list maintained by the Township Clerk of persons requesting
that they not be canvassed or solicited.
I. To engage in any economic reprisal or any other form of intimidation
against any person because that person has filed a complaint, testified,
assisted or participated in any manner in any investigation, proceeding
or conference under the terms of this chapter.
J. To aid, abet, incite, compel or coerce any person to engage in any
of the practices forbidden by this chapter or to obstruct or prevent
any person from complying with the provisions of this chapter.
K. Refer, directly or indirectly, or by implication, to race, color,
creed, ethnicity, or sexual orientation in any advertisement or other
solicitation offering real property for sale or rental.
L. Solicit or attempt to solicit the sale or rental or the listing for
sale or rental of real property without furnishing in written form
to the owner or occupier of such real property the name of the person
or organization soliciting such sale, rental, or listing.
Vendors of food and beverages shall comply with all standards
and regulations set by the Ocean County Board of Health and shall
provide the Township with copies of all certificates of inspection
issued in accordance with the same.
A person denied a permit or who has had a permit removed may
appeal that action to the Mayor, or his or her designee, by submitting
a letter to the Township Clerk within 10 days of the complained action.
A hearing on such appeal will then be scheduled within seven days
after the receipt of the appeal, with the hearing to be held within
30 days after receipt of the appeal. The Mayor, or his or her designee,
shall render a decision on the appeal within seven days after the
date of the hearing which shall be final.
As stated under §
310-6E(1) through
(3) of this chapter, any canvasser, peddler, itinerant vendor, or owner or employee of a door-to-door sales enterprise who violates any provision of this section, if convicted, shall be:
A. Subject to a maximum ordinance violation fine of $1,250 for the first
offense;
B. Subject to 90 days in the county jail or in any place provided by
the municipality for the detention of prisoners, for any term not
exceeding 90 days for any offense thereafter; and
C. Subject to a permanent revocation of any license issued under the
within chapter.
This chapter does not apply to real estate that is publicly
advertised for sale or to "open houses" sponsored by the owner or
listed by real estate agents for a specific home on a specific date
and at a specific time.