[Adopted 5-24-2022 by Ord. No. O-22-15]
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
that have not been sent through the United States Postal Service,
visitations, or any other means, where the canvasser or his or her
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 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.
D.
No more than three permits may be issued simultaneously for the same
streets, neighborhoods, or geographic areas.
E.
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.
F.
No street, neighborhood, or geographic area may be recanvassed or
resolicited until six months have elapsed from the expiration of a
previously issued permit.
G.
A permit application may be rejected, suspended, or temporarily or
permanently revoked on any of the following grounds:
(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 any state or federal
law or regulation.
H.
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.
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 Township Clerk of persons requesting that they not be canvassed or solicited pursuant to Township Code § 223-22 (the "do-not-knock registry").
I.
Canvassing or soliciting is restricted to the hours of 9:00 a.m.
and 5:00 p.m. prevailing time, Monday through Friday. Canvassing or
soliciting is prohibited on all Saturdays and Sundays and all federal
and New Jersey State holidays.
J.
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.
K.
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.
L.
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.
M.
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 any appropriate state
or federal agency for disposition.
A.
Any person convicted of impermissibly canvassing or soliciting a
property owner enrolled in the Township's do-not-knock registry
is subject to the following fines and penalties:
(1)
A maximum fine of $1,250 per offense, with each do-not-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.
