TOMS RIVER -- APP- With little fanfare and almost no public comment, the Township Council adopted a sweeping new measure Tuesday night aimed at putting more restrictions on real estate solicitors who homeowners in the North Dover area say have been unfairly pressuring residents to sell their homes.
Council members voted 5 to 0 to adopt a revision to the township's soliciting ordinance that allows the township attorney and business administrator to investigate real estate solicitation in Toms River and hold a public hearing to determine what types of solicitation are happening, and in which areas of the township.
No one spoke against the ordinance in a brief public hearing that saw only one person ask a question about the hours soliciting will be allowed. The new law restricts soliciting to 9 a.m. to 7 p.m. Monday through Saturday, and bans it on six major holidays, including Thanksgiving and Christmas.
After receiving information from the attorney and administrator, the Township Council will now be able to create a "cease and desist" zone in certain neighborhoods if it's found that residents of those areas are being repeatedly solicited by real estate brokers attempting to purchase their properties.
No real estate soliciting would be permitted in that zone for a period of up to five years.
Residents who live within the zone who still want to allow real estate solicitation will have to opt in by filing a statement with the township clerk's office.
Assistant Township Attorney Anthony Merlino has said the ordinance is similar to one that's survived several court challenges in New York state.
The council's action comes after plans to introduce the ordinance were announced two weeks ago at a meeting at Toms River High School North that drew nearly 1,000 residents, most of whom live in the area between Route 9 and the Garden State Parkway. The meeting was planned to establish a neighborhood watch group for the area.
For months, residents of the neighborhood have complained that real estate agents from nearby Lakewood who are seeking properties for sale have harassed and, in some cases, attempted to intimidate residents into selling their homes.
Six agents from Lakewood's Four Points Realty have active solicitation permits from the township for the North Dover area. Imperial Real Estate and Remax on the Move Realty, both from Lakewood, also have active permits to solicit in North Dover.
Explosive population growth in the Orthodox Jewish community in nearby Lakewood has led real estate buyers to seek properties in neighboring areas, including Jackson, Howell and North Dover.
Residents of North Dover have responded by moving to form a neighborhood watch group they say is aimed at making sure township codes are enforced in their area, in addition to working to share information and deter crime. They insist they are not anti-Semitic, but are only concerned with the quality of life in their still-rural neighborhood.
At least one resident who attended Tuesday night's meeting wore a t-shirt that read "Don't Sell! Toms River Strong." Signs emblazoned with the same message have been popping up in North Dover yards, with a Jackson version appearing in neighborhoods there where real estate solicitors have been active.
Residents have complained that some of those seeking to buy real estate have disregarded "no-knock" signs placed on homes. The township's no-knock ordinance calls for fines of up to $1,250 for those who violate the ordinance.
Councilman John "Sevas" Sevastakis asked if soliciting could be restricted even further.
"Seven o'clock is pretty late," Sevastakis said. "Is there anyway we can revisit this?"
Township Attorney Kenneth Fitzsimmons said since the ordinance is regulating free speech, in this case the right of a real estate agent to seek properties to buy, the hours soliciting will be allowed cannot be reduced even more.
"Individual free speech has been allowed up to 9 o'clock at night," Fitzsimmons said, referring to court decisions. "Commercial allows municipal governments to be a little more restrictive. I feel relatively confident that a court would support it."
No comments:
Post a Comment