[HISTORY: Adopted by the Township Committee (now Council)
of the Township of Jackson 12-27-1995 by Ord. No. 41-95 (Ch. 65 of the 1972 Code); amended
in its entirety 8-25-2015 by Ord.
No. 18-15. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
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.
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.
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 individual, but not a corporation, partnership, or any
form of business entity.
Any occupant, prospective occupant, lessee, prospective lessee,
buyer, prospective buyer, or any agent thereof.
Any separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure.
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.
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."
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,
itinerant vending, 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,
itinerant vending, or soliciting will take place and when.
(4)
The starting and ending dates in which the canvassing, itinerant
vending, or soliciting will take place.
(5)
The applicant's places of residence for the preceding five years.
(6)
A complete description of any vending unit to be used, including
the make, model, and serial number.
(7)
A complete description of any motor vehicle to be used, including
the make, model, color and registration number and all insurance information,
including the name and address of the carrier, policy number and type
of coverage.
(8)
Whether or not the applicant has ever had an application to conduct
a vending business denied or revoked and, if so, the details thereof.
(9)
Proof of an insurance policy issued by a New Jersey licensed company
protecting the applicant and the Township from all claims or damages
to property and bodily injury, including death, which may arise in
connection with the applicant's vending business activities.
Said policy shall name the Township of Jackson as an additional insured
and shall provide that the policy may not be terminated prior to the
expiration date without at least 30 days' advance written notice
to the office of the Township Clerk. The minimum amounts of insurance
coverage to be maintained are:
(10)
A copy of the certificate of inspection issued by the Ocean
County Board of Health in the case of vendors seeking to engage in
the business of vending food and/or beverages.
(11)
Two one-inch-square photographs showing the applicant's
face shall accompany the application.
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 shall be valid for a period not to exceed
30 days from the date of issuance. Once expired, the permit must be
renewed following the same notice requirements.
D.
All itinerant vending or vending registration certificates shall
be valid for a period of one year from the date of issue and are not
transferable or assignable. Each vendor shall operate only one vending
unit at a time. All vendors shall notify the Township, in writing,
within 30 days, of any changes in the information contained in the
registration application.
E.
When any application is submitted for a solicitation permit, an administrative
fee of $35 must be paid to the Township of Jackson. Only one payment
per applicant is required per calendar year.
[Amended 11-10-2015 by Ord. No. 26-2015]
F.
Upon issuance of the permit, a registration certificate shall be
issued to the applicant. The canvasser, itinerant vendor or solicitor
shall carry the registration certificate at all times and shall include:
(1)
The signature of the Township Clerk;
(2)
The name and address of the canvasser, itinerant vendor, or solicitor;
(3)
If applicable, the type of vending business engaged in, including
the description of goods or services being offered;
(4)
The date of issuance and expiration; and
(5)
If applicable, a description of any vending unit and/or motor vehicle
used in the vending business, including any identifying registration
and/or serial numbers.
G.
Any certificate of health compliance required by the Ocean County
Board of Health shall be displayed on the vending unit and/or motor
vehicle in plain view of the public at all times.
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.
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.
A.
The Township Clerk shall prepare a list of addresses of those premises
where the owner and/or occupant has notified the Clerk that canvassing,
peddling, itinerant vending, and door-to-door sales enterprises are
not permitted on the premises (hereinafter referred to as the Jackson
Township "No-Knock" Registry"). Notification shall be completion of
a form available at the Township Clerk's office during normal
business hours. The list shall be updated monthly.
B.
Any owner and/or occupant who has requested enlistment on the Jackson Township No-Knock Registry pursuant to Subsection A herein shall be able to procure from the Clerk's office a sticker for display at his/her/its premises indicating enlistment on the Jackson Township No-Knock Registry. The first sticker shall be provided free of charge and may be picked up in person during regular business hours. If a replacement sticker is required, the individual may pick up a replacement at the Clerk's office at no charge. All previously issued stickers that reference Jackson Township Ordinance No. 41-08 shall remain in full force and effect.
[Amended 10-25-2016 by Ord. No. 25-16]
C.
The Township Clerk shall distribute the current Jackson Township
No-Knock Registry to a licensee at the time of issuance of a license
to peddle, canvass, itinerant vend or otherwise door-to-door sell,
pursuant to the provisions of this chapter. The licensee shall not
peddle, canvass, itinerant vend or conduct door-to-door sales at any
premises identified on the then-current Jackson Township No-Knock
Registry.
D.
Although the most current list of registrants on the Jackson Township
"No Knock" Registry shall be provided by the Township Clerk, it is
the responsibility of the canvasser, itinerant vendor, or solicitor
to have the most up-to-date list prior to performing their business.
E.
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:
(1)
Subject to a maximum ordinance violation fine of $1,250 for the first
offense;
(2)
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
(3)
Subject to a permanent revocation of any license issued under the
within chapter.
F.
Current Jackson Township No-Knock registrants are protected against
the canvassing, itinerant vending, or soliciting activities regulated
by this chapter without having to reregister.
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:
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.
A.
The Jackson Township Police Department is charged with enforcing
the provisions of this chapter.
B.
Any persons claiming to be aggrieved by an alleged unlawful practice
forbidden by any section of this chapter may, by themselves, or by
their 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 a full 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 of Civil Rights, or any other appropriate
state or federal agency for disposition.
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.
