[Adopted 6-23-2015 by Ord. No. 4491-15]
For the purposes of this article, the following words and phrases are defined as follows:
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.
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.
PURCHASER
Any occupant, prospective occupant, lessee, prospective lessee, buyer, prospective buyer, or any agent thereof.
A. 
Any person, corporation, partnership, limited-liability company, or other institution or entity that canvasses in order to obtain listings of real property, or to bring about the sale, lease, or purchase of real property, must provide advanced written notice to the Township Clerk before engaging in such activities. The advanced notice must provide the following information:
(1) 
The names and addresses of the persons engaging in the canvassing or soliciting.
(2) 
The names and addresses of the individuals or companies by which such persons are employed.
(3) 
A listing of the street or streets in the Township in which the canvassing or soliciting will take place.
(4) 
The starting and ending dates in which the canvassing or soliciting will take place.
B. 
The notice required hereunder must be filed with the Township Clerk no less than 14 business days prior to the scheduled start date.
C. 
Provided the notice requirements have been satisfied, the Township Clerk shall issue a permit allowing the canvassing or soliciting to take place. This permit is valid for a period not to exceed 30 days from the date of issuance.
[Amended 4-25-2017 by Ord. No. 4544-17]
D. 
Canvassing or soliciting is restricted to the hours of 9:00 a.m. and 7:00 p.m. prevailing time, Monday through Saturday. Canvassing or soliciting is prohibited on the following family-oriented holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
[Added 11-10-2015 by Ord. No. 4496-15]
E. 
No more than three permits may be issued simultaneously for the same streets, neighborhoods, or geographic areas.
[Added 4-25-2017 by Ord. No. 4544-17]
F. 
No residence may be canvassed or solicited more than once during the period covered by the permit, unless the property owner invites or consents to the solicitation.
[Added 4-25-2017 by Ord. No. 4544-17]
G. 
No street, neighborhood, or geographic area may be recanvassed or resolicited until six months have elapsed from the expiration of a previously issued permit.
[Added 4-25-2017 by Ord. No. 4544-17]
H. 
A permit application may be rejected, suspended, or temporarily or permanently revoked on any of the following grounds:
[Added 4-25-2017 by Ord. No. 4544-17]
(1) 
Negligent or intentional misrepresentations in the application.
(2) 
Violations of this article or any other provision of the Township Code, or any state or federal law or regulation.
(3) 
Criminal, illegal, fraudulent, or unethical conduct by the applicant.
(4) 
Annoying, harassing, intimidating, or bullying conduct.
(5) 
Discriminatory conduct prohibited pursuant to § 391-51 of the Township Code or any state or federal law or regulation.
I. 
Permits may be applied for and issued only to individual persons. No more than one employee, representative, or agent of an institution, entity, agency, or other association may be issued a permit covering the same time period and geographic area.
[Added 4-25-2017 by Ord. No. 4544-17]
A. 
Any owner of real property within the Township who refuses to be canvassed or solicited for the sale or rental of his or her property may enroll in the Township's "no knock" registry established pursuant to § 391-36.1, the provisions of which are incorporated herein.
B. 
Current "no knock" registrants are protected against the canvassing or soliciting activities regulated by this article without having to re-register.
C. 
The unauthorized canvassing or soliciting of property owners who are valid "no knock" registrants constitutes a violation of this article.
No person shall engage in the following acts:
A. 
Promote, influence, or attempt 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 or 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 the area.
C. 
Make any representations (or misrepresentations) concerning the listing or sale of 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 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 City 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 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.
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.
A. 
The Police Department is charged with enforcing the provisions of this article.
B. 
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 a complaint directly with the Police Department, or with the Township Clerk, who shall forward the complaint to the Police Department for investigation.
C. 
In addition to any other enforcement actions, the Police Department or the Township Clerk may refer the complaint to the Real Estate Commission, the New Jersey Division on Civil Rights, or any other appropriate state or federal agency for disposition.
A. 
As provided under § 391-36.1D, any person convicted of impermissibly canvassing or soliciting a property owner enrolled in the Township's "no knock" registry is subject to the following fines and penalties:
(1) 
A maximum fine of $1,250 per offense, with each "no knock" registrant impermissibly canvassed or solicited constituting a separate offense.
(2) 
Revocation of any permit issued pursuant to this article, and a period of ineligibility, not to exceed one year, to engage in the canvassing or soliciting activities covered by this article.
B. 
Convictions for violations of any other provision of this article carry a fine not to exceed $500, with each property owner canvassed, solicited, or discriminated against, as prohibited under this article, constituting a separate offense.
C. 
Activities proscribed under Subsections A and B above constitute separate offenses subject to cumulative fines and penalties.
This article does not apply to real estate that is publicly advertised for sale or to "open houses," sponsored by the owner or listed real estate agent for a specific home on a specific day.
[Added 11-10-2015 by Ord. No. 4496-15]
A. 
Investigation and public hearing. Based on reports thereof, the Business Administrator and Township Attorney, or their designees, are hereby authorized to investigate incidents of solicitations of real estate in the Township. This investigation may be conducted with the assistance and advice of any and all Township departments. As part of the investigation, the Business Administrator and Township Attorney, or their designees, shall conduct a public hearing to determine the nature and extent of, and to develop additional information concerning, these incidents.
B. 
Report. The Business Administrator and Township Attorney, or their designees, shall submit to the Township Council a report detailing the findings of the investigations and any recommended action.
C. 
Cease and desist zones.
(1) 
If, based on the results of the investigation and public hearing, the Township Council finds: a) that residential real property owners within a defined geographic area of the Township are subject to intense and repeated solicitations or canvassing by real estate brokers and salespersons, or other persons or entities, to list or sell their property; or b) are subject to intense and repeated canvassing or solicitation by other persons regularly engaged in the trade or business of buying and selling real estate to list or sell their real estate; or c) have been subject to the discriminatory practices prohibited under § 391-51, the Township Council may, by ordinance, establish a "cease and desist zone."
(2) 
The geographic boundaries of a cease and desist zone shall be set forth in the ordinance.
(3) 
The establishment of a cease and desist zone prohibits real estate brokers, salespersons, or persons regularly engaged in the trade or business of buying and selling real estate, or any other persons or entities, from canvassing for or soliciting the listing or sale of real estate, as defined under § 391-48, within the zone's geographic boundaries.
(4) 
Residential property owners who wish to continue to receive solicitations may file an affirmative statement to that effect with the Township Clerk.
(5) 
A cease and desist zone may remain in effect for a period not to exceed five years from its effective date; however, the zone may be re-established or continued in accordance with the procedures previously set forth. A cease and desist zone may be repealed by ordinance of the Township Council.
(6) 
The boundaries of a cease and desist zone may not be amended unless formally repealed by ordinance and a new zone established in accordance with the procedures previously set forth.
D. 
Active cease and desist zones. Cease and desist zones are hereby established for the areas described below and depicted on the codified map:
[Added 2-23-2016 by Ord. No. 4504-16[1]]
(1) 
Zone 1: the area bounded by the Lakewood and Jackson borders to the north and northwest, State Highway 70 to the south, and Whitesville Road (County Route 527) to the west. This cease and desist zone shall remain in effect for five years from its effective date.
(2) 
Zone 2: the area bounded by the Lakewood border to the due north, State Highway 70 to the northwest, New Hampshire Avenue to the east and southeast, and by Whitesville Road (County Route 527), Riverwood Drive, U.S. Route 9, and Silverton Road to the south and southwest. This cease and desist zone shall remain in effect for five years from its effective date.
[1]
Editor’s Note: Pursuant to this ordinance, former Subsection D was redesignated as Subsection E. The map referred to in the new Subsection D is included as an attachment to this chapter. Ordinance No. 4504-16 also provided that no further real estate canvassing permits shall be issued for the zones depicted on the map and that any pending applications for canvassing permits for those areas are deemed denied.
E. 
Violations and penalties. Real estate brokers, salespersons, persons regularly engaged in the trade or business of buying and selling real estate, or any other person or entity, convicted of violating a cease and desist zone are subject to the penalties set forth in § 391-53B and C.