[Adopted 6-23-2015 by Ord. No. 4491-15]
For the purposes of this article, the following words and phrases
are defined as follows:
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.
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.
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.
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:
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.
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.
